Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Stanwell Corporation Ltd (No 2) [2014] FCA 593

FEDERAL COURT OF AUSTRALIA

Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Stanwell Corporation Ltd (No 2) [2014] FCA 593 Citation: Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Stanwell Corporation Ltd (No 2) [2014] FCA 593

Parties: COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION, AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION, QUEENSLAND SERVICES, INDUSTRIAL UNION OF EMPLOYEES and CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v STANWELL CORPORATION LTD

File number: QUD 53 of 2014

Judge: COLLIER J

Date of judgment: 5 June 2014

Catchwords: PRACTICE AND PROCEDURE – application by respondent in proceedings to strike out paragraphs in statement of claim – r 16.02(1) Federal Court Rules 2011 (Cth) – applicant seeking imposition of civil penalties on respondent – alleged breaches of Fair Work Act 2009 (Cth) – whether statement of claim provides sufficient material facts for respondent to understand case brought against it – consultation obligations under relevant enterprise agreements arise where decision likely to have significant effect on employees – whether applicant has pleaded sufficient facts for respondent to know how decision of respondent likely to have significant effect – whether respondent knows material facts on which applicant relies – whether ability to deal with allegation in affidavit and defence constitute proof of sufficiency of facts pleaded