Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Finance Sector Union of Australia v Commonwealth Bank of Australia [2005] FCA 314
INDUSTRIAL LAW – alleged breach of enterprise bargaining agreement by retrenchments – construction of enterprise agreement – previous statement of claim disallowed – application for leave to file further statement dismissed as not disclosing reasonable cause of action upon true construction of agreement – further submissions on costs invited
Workplace Relations Act 1996 (Cth) s 347
Finance Sector Union of Australia v Commonwealth Bank of Australia [2004] FCA 898 referred to Amcor Limited v Construction, Forestry, Mining and Energy Union & Ors [2005] HCA 10 referred to Shackley v Australian Croatian Club Ltd (1996) 141 ALR 736 referred to Commonwealth v Construction Forestry Mining and Energy Union (2003) 129 FCA 271 referred to FINANCE SECTOR UNION OF AUSTRALIA v COMMONWEALTH BANK OF AUSTRALIA N 1303 OF 2002 CONTI J 30 MARCH 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1303 OF 2002
BETWEEN: FINANCE SECTOR UNION OF AUSTRALIA
APPLICANT
AND: COMMONWEALTH BANK OF AUSTRALIA
RESPONDENT
JUDGE: CONTI J
DATE OF ORDER: 30 MARCH 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The Further Amended Statement of Claim filed on 27 August 2004 be struck out. 2. The proceedings be dismissed. 3. Both parties to file and serve further written submissions upon the issue of costs within 14 days. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1303 OF 2002
BETWEEN: FINANCE SECTOR UNION OF AUSTRALIA
APPLICANT
AND: COMMONWEALTH BANK OF AUSTRALIA
RESPONDENT
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