Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Laing O'Rourke Australia Pty Ltd [2013] FCA 246 Citation: Construction, Forestry, Mining and Energy Union v Laing O'Rourke Australia Pty Ltd [2013] FCA 246
Appeal from: Application for leave to appeal: Laing O'Rourke Australia Pty Ltd v Construction, Forestry, Mining and Energy Union [2013] FCA 133
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, AUSTRALIAN BUILDING CONSTRUCTION EMPLOYEES AND BUILDERS' LABOURERS' FEDERATION (QUEENSLAND BRANCH) UNION OF EMPLOYEES (AS A TRANSITIONALLY REGISTERED ORGANISATION), COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA (AS A TRANSITIONALLY REGISTERED ORGANISATION), MICHAEL RAVBAR, ANDREW SUTHERLAND, KEVIN GRIFFIN, SCOTT VINK, TIM JARVIS and MARK BATEMAN v LAING O'ROURKE AUSTRALIA PTY LTD ACN 111 023 431, LAING O'ROURKE AUSTRALIA CONSTRUCTION PTY LTD ACN 112 099 000, EXPLORE INVESTMENT AUSTRALIA PTY LTD ACN 112 098 405, 825 ANN STREET PTY LTD ACN 132 841 242 and 100 MCLACHLAN STREET PTY LTD ACN 137 358 475
File number: QUD 125 of 2013
Judge: LOGAN J
Date of judgment: 12 March 2013
Catchwords: PRACTICE AND PROCEDURE – application for leave pursuant to Federal Court of Australia Act 1976 (Cth), s 24(1A) to appeal against interlocutory injunctive orders given in respect of breaches of the Fair Work Act 2009 (Cth) and the Competition and Consumer Act 2010 (Cth) – where interim injunctions had been earlier ordered on an ex parte basis – whether in all the circumstances, the decision is attended by sufficient doubt to warrant its being reconsidered by the Full Court – whether substantial injustice would result if leave were refused, supposing the decision to be wrong – application for a stay, in the event that a grant of leave is given, of the interlocutory injunctive orders insofar as those orders prohibit the applicants from exercising rights to consult with sub-contractors to the first respondent about changes in working hours
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