MI& E Holdings Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Plumbing, Postal and Allied Services Union of Australia [2013] FCA 944

FEDERAL COURT OF AUSTRALIA

MI&E Holdings Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Plumbing, Postal and Allied Services Union of Australia [2013] FCA 944 Citation: MI&E Holdings Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Plumbing, Postal and Allied Services Union of Australia [2013] FCA 944

Parties: MI&E HOLDINGS PTY LTD v COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, PLUMBING, POSTAL AND ALLIED SERVICES UNION OF AUSTRALIA, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION KNOWN AS THE AUSTRALIAN MANUFACTURING WORKERS' UNION and FAIR WORK COMMISSION

File number(s): WAD 199 of 2013

Judge(s): GILMOUR J

Date of judgment: 18 September 2013

Catchwords: PRACTICE AND PROCEDURE – application for a stay of orders of the Full Bench of the Fair Work Commission – test to be applied – strength of the case for review

Legislation: Fair Work Act 2009 (Cth) ss 58, 186, 186(3), 186(3A)

Cases cited: Construction, Forestry, Mining and Energy Union v Hamberger (2011) 195 FCR 74 EnergyAustralia Yallourn Pty Ltd v Construction, Forestry, Mining and Energy Union [2013] FCA 360 Re Griffin; Ex parte Professional Radio and Electronics Institute of Australia (1988) 167 CLR 37 MI&E Holdings Pty Ltd re MI&E Holdings Pty Ltd Western Division Enterprise Agreement 2012 [2012] FWA 9503 Re Marks and Federated Ironworkers' Association, Ex parte Australian Building Construction Employees and Builders' Labourers' Federation (1981) 34 ALR 208 Re Moore; Ex parte Pillar (1991) 103 ALR 11 Stampalia v The Stewards of The Western Australian Trotting Association [1999] WASC 7