Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
EnergyAustralia Yallourn Pty Ltd v Construction, Forestry, Mining and Energy Union [2013] FCA 360 Citation: EnergyAustralia Yallourn Pty Ltd v Construction, Forestry, Mining and Energy Union [2013] FCA 360
Parties: ENERGYAUSTRALIA YALLOURN PTY LTD v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and FAIR WORK COMMISSION
File number: VID 281 of 2013
Judge: MURPHY J
Date of judgment: 18 April 2013
Catchwords: INDUSTRIAL LAW – Order of Fair Work Commission extending period for protected industrial action – Jurisdiction of Commission to make order extending period for protected industrial action after 30 day period had expired – Application for stay of order of Fair Work Commission – Application for interlocutory injunction to restrain Union from taking protected industrial action in reliance on order of Fair Work Commission – Circumstances in which court will grant stay or interlocutory injunction – Exceptional circumstances necessary to justify stay or interlocutory injunction
Legislation: Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011
Cases cited: Australian Paper Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (1998) 81 IR 15 Australian Workers' Union v Yallourn Energy Pty Ltd (2000) 95 IR 207 Commonwealth Bank of Australia v Barker [2012] FCA 1076 Henderson and Others v Amadio Pty Ltd and Others (No 3) 65 FCR 66 Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33 Re Australian Nursing Federation; Ex parte State of Victoria and Anor (1993) 112 ALR 177 Re Griffin; Ex parte Professional Radio and Electronics Institute (Aust.) (1988) 167 CLR 37 Re Marks and Federated Ironworkers' Association, Ex parte Australian Building Construction Employees and Builders' Labourers' Federation (1981) 34 ALR 208 Re McKenzie; Ex parte Federated Liquor and Allied Industries Employees Union and Anor (1985) 11 IR 297 Re Merriman & Others; Ex parte Australian Building Construction Employees' and Builders Labourers' Federation (1984) 53 ALR 440 Re Minister for Immigration and Multicultural Affairs; Ex parte Fejzullahu & Others (2000) 171 ALR 341 Re Moore: Ex parte Pillar (1991) 103 ALR 11 Tait v The Queen (1962) 108 CLR 620
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