Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Giacci Bros Pty Ltd v Construction, Forestry, Mining and Energy Union (Mining & Energy Division) [2012] FCA 1525 Citation: Giacci Bros Pty Ltd v Construction, Forestry, Mining and Energy Union (Mining & Energy Division) [2012] FCA 1525
Parties: GIACCI BROS PTY LTD (ACN 008 708 361) v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION (MINING & ENERGY DIVISION), NORTHERN DISTRICT BRANCH and AUSTRALIAN ELECTORAL COMMISSION
File number: WAD 286 of 2012
Judge: BARKER J
Date of judgment: 24 October 2012
Catchwords: PRACTICE AND PROCEDURE – Fair Work Australia ordered protected action ballot – application for injunctions to prohibit ballot until hearing of appeal – whether prima facie case – construction of union eligibility rules – where balance of convenience lies
Legislation: Fair Work Act 2009 (Cth) s 437, 459(1)(d), s 606(1), s 606(3) Fair Work (Registered Organisations) Act 2009 (Cth) Judiciary Act 1903 (Cth) s 39B
Cases cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63; (2001) 208 CLR 1 Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Construction, Forestry, Mining and Energy Union v Giacci Bros Pty Ltd [2012] FWA 8484 Craig v South Australia (1995) 184 CLR 163 Rescrete Industries Pty Ltd v Jones (1998) 86 IR 269
Date of hearing: 24 October 2012
Place: Perth
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