Broad Construction Services (WA) Pty Ltd v the Construction, Forestry, Mining and Energy Union of Workers (No 2) [2006] FCA 44

FEDERAL COURT OF AUSTRALIA

Broad Construction Services (WA) Pty Ltd v The Construction, Forestry, Mining and Energy Union of Workers (No 2) [2006] FCA 44

COSTS – matter arising under the Workplace Relations Act 1996 (Cth) – whether costs provision applicable – no order as to costs made INDUSTRIAL LAW – claim under s 45D of Trade Practices Act 1974 (Cth) – defence founded on immunity under s 170MT of Workplace Relations Act – whether costs provision applicable

Workplace Relations Act 1996 (Cth), ss 170MI, 170ML, 170MT, 347 Trade Practices Act 1974 (Cth), s 45D Industrial Relations Act 1988 (Cth)

Federal Court Rules, O 22 r 2(1)(d) Broad Construction Services (WA) Pty Ltd v The Construction, Forestry, Mining and Energy Union of Workers [2005] FCA 613 cited Re McJannet; Ex parte The Australian Workers' Union of Employees Queensland (No 2) (1997) 189 CLR 654 cited L.N.C. Industries Limited v B.M.W. (Australia) Limited (1983) 151 CLR 575 cited Australian Securities Commission v Aust‑Home Investments Limited (1993) 44 FCR 194 cited Homestyle Pty Ltd v The Western Australian Builders Labourers, Painters and Plasterers Union of Workers [2002] WASC 57 cited Metropolitan Properties Pty Limited v Caltex Petroleum Pty Limited [1999] WASC 153 cited J T Stratford & Son Ltd v Lindley (No 2) [1969] 1 WLR 1547 cited Fencott v Mueller (1983) 152 CLR 570 cited Bostik (Australia) Pty Ltd v Gorgevski (No 2) (1992) 36 FCR 439 cited BGC Contracting Pty Ltd v The Construction Forestry Mining & Energy Union of Workers (No 2) [2005] FCA 908 cited Felton v Mulligan (1971) 124 CLR 367 cited BROAD CONSTRUCTION SERVICES (WA) PTY LTD v THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS WAD 101 OF 2005 SIOPIS J 6 FEBRUARY 2006 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 101 OF 2005