Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2011] FCA 971 Citation: Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2011] FCA 971
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v BHP COAL PTY LTD
File number: QUD 204 of 2011
Judge: LOGAN J
Date of judgment: 9 August 2011
Catchwords: PRACTICE AND PROCEDURE – interlocutory injunction – where parties agreed there existed a serious question to be tried – balance of convenience – where respondent offered an undertaking to pay workers including associated subsidies from termination date to the hearing date – where no evidential foundation in light of continuance in employment for almost three years after alleged incident for alleged safety risk at mine site – non–financial effects on workers of absence from workforce pending trial – interlocutory injunction granted
Legislation: Fair Work Act 2009 (Cth) ss 346, 545 Federal Court of Australia Act 1976 (Cth) s 23
Cases cited: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Bluestar Pacific Pty Ltd [2009] FCA 726 followed Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (No 3) (1998) 195 CLR 1 followed
Date of hearing: 9 August 2011
Place: Brisbane
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 30
Counsel for the Applicant: Mr M Stewart SC with Ms C Howell
Solicitor for the Applicant: Hall Payne Lawyers
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