Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Gittany [2014] FCA 164 Citation: Construction, Forestry, Mining and Energy Union v Gittany [2014] FCA 164
Appeal from: Construction, Forestry, Mining and Energy Union v Hume Highway Constructions Pty Limited & Anor [2013] FMCA 154 Construction, Forestry, Mining and Energy Union v Hume Highway Constructions Pty Limited & Anor (No 2) [2013] FCCA 215
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v ANTHONY GITTANY
File number: NSD 714 of 2013
Judge: COWDROY J
Date of judgment: 3 March 2014
Corrigendum: 12 March 2014
Catchwords: COSTS – whether discretion of primary judge to award costs miscarried – whether application at first instance was commenced without reasonable cause – whether primary judge was required to refer to the discretion to award costs INDUSTRIAL LAW – alleged contraventions of ss 501 and 502 of the Fair Work Act 2009 (Cth) – whether permit holders had been refused entry to, or were unduly delayed in entering, a work site – whether it was necessary for pleading at first instance to have been made out – whether imposing conditions upon the entry of permit holders onto a work site amounts to a refusal to allow entry
Legislation: Fair Work Act 2009 (Cth) ss 12, 481, 484, 494, 501, 502, 512, 539, 546, 570 Federal Circuit Court of Australia Act 1999 (Cth) s 42 Occupational Health and Safety Act 2000 (NSW) s 77
Cases cited: Auguste v Nikolyn Pty Ltd and Anor [2013] FCCA 1630 Board of Control of Michigan Technological University v Deputy Commissioner of Patents (1981) 53 FLR 26 Construction, Forestry, Mining and Energy Union v Safety Glass [2010] FCA 989 House v The King (1936) 55 CLR 499 Kanan v Australian Postal and Telecommunications Union (1992) 43 IR 257 Liberian Shipping Corporation v A King & Sons Ltd [1967] 1 All ER 934 Michaels v The Queen (1995) 184 CLR 117 Qantas Airways Ltd v Transport Workers' Union of Australia (No 2) (2011) 211 IR 119 R v Moore; Ex parte Federate Miscellaneous Workers' Union of Australia (1978) 140 CLR 470 WZASQ v Minister for Immigration and Anor [2013] FCCA 1726
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