BHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union [2012] FCA 1495

FEDERAL COURT OF AUSTRALIA

BHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union [2012] FCA 1495 Citation: BHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union [2012] FCA 1495

Appeal from: Application for amending notice of appeal: Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 1218

Parties: BHP COAL PTY LTD v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

File number: QUD 637 of 2012

Judge: LOGAN J

Date of judgment: 30 November 2012

Catchwords: INDUSTRIAL LAW – decision by primary judge interlocutory in nature – penalties and other related orders yet to be heard – reinstatement ordered by primary judge – interlocutory application to stay reinstatement– considerations relevant to whether to grant such a stay –interlocutory stay refused PRACTICE AND PROCEDURE – appeals – leave to appeal from interlocutory judgment – discretion to grant leave – whether decision attended by sufficient doubt to warrant its consideration by appellate court – Court informed by Niemann v Electronic Industries Ltd [1978] VR 431 and Décor Corporation Proprietary Limited v Dart Industries Inc (1991) 33 FCR 397 – grant of leave to appeal

Legislation: Fair Work Act 2009 (Cth) Summary Offences Act 2005 (Qld)

Cases cited: Australian Building & Construction Commissioner v Abbott (No 4) [2011] FCA 950 cited Australian Postal Corporation v Stephens (No 2) (2011) 207 IR 454 considered Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 86 ALJR 1044 considered Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2012] FCA 1201 considered Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 1218 cited Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 followed Niemann v Electronic Industries Limited [1978] VR 431 followed Quincolli Pty Ltd v Fair Work Ombudsman [2012] FCA 373 cited