Construction, Forestry, Mining and Energy Union v Bengalla Mining Company Pty Limited (No 2) [2013] FCA 362

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v Bengalla Mining Company Pty Limited (No 2) [2013] FCA 362 Citation: Construction, Forestry, Mining and Energy Union v Bengalla Mining Company Pty Limited (No 2) [2013] FCA 362

Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v BENGALLA MINING COMPANY PTY LIMITED (ACN 053 909 470)

File number: NSD 1794 of 2012

Judge: KATZMANN J

Date of judgment: 22 April 2013

Catchwords: INDUSTRIAL LAW – Costs – Fair Work Act 2009 (Cth), s 570 – allegations of unlawful adverse action not pressed after closing submissions – allegations based on a letter from the employer to the employee where the union had informed the employer that it had no objection to a letter in the same form being sent – whether amendment of statement of claim to make the allegations and the maintenance of those allegations were unreasonable acts within the meaning of s 570(2) – whether Court's discretion to award costs should be exercised in the employer's favour – manner in which discretion should be exercised.

Legislation: Fair Work Act 2009 (Cth), ss 342, 570 Workplace Relations Act 1996 (Cth), ss 347(1A), 824(2) Workplace Relations Amendment (Work Choices) Act 2005 (Cth)

Cases cited: Construction, Forestry, Mining and Energy Union v Bengalla Mining Company Pty Limited [2013] FCA 267 Construction, Forestry, Mining and Energy Union v Clarke (2008) 170 FCR 574 Community and Public Sector Union v Telstra Corporation Limited (2000) 101 FCR 45 Goldman Sachs JB Were Services Pty Ltd v Nikolich (2007) 163 FCR 62 Heidty Chrysler Australia Ltd (1976) 26 FLR 257 Paras v Public Service Body Head of the Department of Infrastructure (No 3) (2006) 152 FCR 534