Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Association of Professional Engineers, Scientists and Managers, Australia v Wollongong Coal Limited [2014] FCA 878 Citation: Association of Professional Engineers, Scientists and Managers, Australia v Wollongong Coal Limited [2014] FCA 878
Parties: ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS, AUSTRALIA v WOLLONGONG COAL LIMITED ABN 28 111 244 896 and WONGAWILLI COAL PTY LTD ABN 77 111 928 762
File number(s): NSD 642 of 2014
Judge(s): BUCHANAN J
Date of judgment: 20 August 2014
Catchwords: INDUSTRIAL LAW – interlocutory application for summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01 of the Federal Court Rules 2011 (Cth) – where claim brought for non-payment of a contractual bonus under s 323 of the Fair Work Act 2009 (Cth) – whether s 323 merely a "Truck Act" provision – whether s 323 also relates to non-payment of contractual bonuses – arguable case exists – application dismissed
Legislation: Constitution, s 51(xxxv) Fair Work Act 2009 (Cth), ss 12, 44, 45, 50, 139, 323, 324, 539(2), 539(2) item 10, 540(2), 541, 542, 543, 545, 545(2)(b), 545(3) Federal Court of Australia Act 1976 (Cth), s 31A Federal Court Rules 2011 (Cth), r 26.01
Cases cited: Construction Forestry Mining & Energy Union v Mammoet Australia Pty Ltd (2013) 248 CLR 619 Murrihy v Betezy.com.au Pty Ltd [2013] FCA 908
Date of hearing: 7 August 2014
Place: Sydney
Division: FAIR WORK DIVISION
Category: Catchwords
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