Construction, Forestry, Mining and Energy Union v Orica Australia Pty Ltd [2014] FCA 592

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v Orica Australia Pty Ltd [2014] FCA 592 Citation: Construction, Forestry, Mining and Energy Union v Orica Australia Pty Ltd [2014] FCA 592

Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v ORICA AUSTRALIA PTY LTD and NEWLANDS COAL PTY LTD

File number: QUD 641 of 2013

Judge: COLLIER J

Date of judgment: 5 June 2014

Catchwords: DISCOVERY – application for preliminary discovery – r 7.23 Federal Court Rules 2011 (Cth) – applicant considering potential proceedings against respondents in respect of potential contraventions of Pt 3-1 Fair Work Act 2009 (Cth) – employee of first respondent and Lodge President of applicant union banned from mine site by second respondent – employee engaged as shot-firer at mine site – employee raised safety concerns in respect of procedures at mine and proximity of overburden hole to blast holes – shot-fire delayed on day following remedy of safety concerns – employment with first respondent continued on less advantageous terms – applicant seeking discovery against first and second respondent – whether applicant has sufficient information to decide whether to start proceedings – whether reasonable inquiries made by applicant COSTS – whether order as to costs appropriate – proceeding preparatory to litigation under Fair Work Act 2009 (Cth)

Legislation: Fair Work Act 2009 (Cth) Pt 3-1, ss 340, 341, 342, 360, 361, 550, 570 Federal Court of Australia Act 1976 (Cth) s 43(1) Federal Court Rules 2011 (Cth) rr 7.23(1)(a) and (b), 7.23(2) Coal Mining Health and Safety Act 1999 (Qld) s 39