BGC Contracting Pty Ltd v The Construction Forestry Mining and Energy Union of Workers [2004] FCA 272

FEDERAL COURT OF AUSTRALIA

BGC Contracting Pty Ltd v The Construction Forestry Mining

and Energy Union of Workers [2004] FCA 272

BGC CONTRACTING PTY LTD v THE CONSTRUCTION FORESTRY MINING & ENERGY UNION OF WORKERS

W38 of 2004

CARR J

20 FEBRUARY 2004

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W38 OF 2004

BETWEEN: BGC CONTRACTING PTY LTD

APPLICANT

AND: THE CONSTRUCTION FORESTRY MINING & ENERGY UNION OF WORKERS

RESPONDENT

JUDGE: CARR J

DATE OF ORDER: 20 FEBRUARY 2004

WHERE MADE: PERTH

The Court notes the respondent's undertaking through counsel as expressed in paragraph 32 of the affidavit of Timothy Robert Kucera, sworn and filed today, namely: The CFMEUW undertakes that it will not seek any orders from the Western Australian Industrial Relations Commission against BGC Contracting Pty Ltd in Commission matter C13 of 2004 and will upon the acceptance of this undertaking immediately discontinue that matter insofar as it seeks any relief against BGC Contracting Pty Ltd.

AND THE COURT ORDERS THAT: 1. The applicant's application for the interlocutory relief sought in its amended application filed on 19 February 2004 is refused, but with liberty to renew that application on two days written notice to the respondent. 2. The application is otherwise adjourned to a directions hearing on a date to be fixed, at which time the Court will also consider the motion filed by SNC-Lavalin (SA) Inc on 19 February 2004 to be joined as a respondent to this application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W38 OF 2004

BETWEEN: BGC CONTRACTING PTY LTD

APPLICANT

AND: THE CONSTRUCTION FORESTRY MINING & ENERGY UNION OF WORKERS