Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Peabody Energy Australia Coal Pty Ltd [2014] FCA 394 Citation: Construction, Forestry, Mining and Energy Union v Peabody Energy Australia Coal Pty Ltd [2014] FCA 394
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v PEABODY ENERGY AUSTRALIA COAL PTY LTD
File number: QUD 112 of 2014
Judge: RANGIAH J
Date of judgment: 10 April 2014
Catchwords: INDUSTRIAL LAW – where applicant union seeks interim injunction reinstating a member to his former employment – whether applicant can demonstrate prima facie case – whether balance of convenience favours granting injunction
Legislation: Fair Work Act 2009 (Cth) ss 351(1) and 351(2) Coal Mining Safety and Health Act 1999 (Qld) ss 29, 28(3), 41 and 42 Coal Mining Health and Safety Regulations 2001 (Qld) s 45(1)
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 applied CEPU v Blue Star Pacific Proprietary Limited [2009] FCA 726 applied
Date of hearing: 10 April 2014
Place: Brisbane
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 24
Counsel for the Applicant: Mr B Docking
Solicitor for the Applicant: Hall Payne Lawyers
Counsel for the Respondent: Mr C J Murdoch
Solicitor for the Respondent: Minter Ellison
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY FAIR WORK DIVISION QUD 112 of 2014
BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
Applicant
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