FBIS International Protective Services (Aust) Pty Ltd v Fair Work Commission [2014] FCA 1390

FEDERAL COURT OF AUSTRALIA

FBIS International Protective Services (Aust) Pty Ltd v Fair Work Commission [2014] FCA 1390 Citation: FBIS International Protective Services (Aust) Pty Ltd v Fair Work Commission [2014] FCA 1390

Parties: FBIS INTERNATIONAL PROTECTIVE SERVICES (AUST) PTY LTD (ACN 083 083 774) v FAIR WORK COMMISSION and MARITIME UNION OF AUSTRALIA

File number: VID 691 of 2014

Judge: JESSUP J

Date of judgment: 27 November 2014

Legislation: Fair Work Act 2009 (Cth) ss 119, 120

Date of hearing: 27 November 2014

Place: Melbourne

Division: FAIR WORK DIVISION

Category: No Catchwords

Number of paragraphs: 13

Counsel for the Applicant: Mr J B Davis

Solicitor for the Applicant: HWL Ebsworth

Counsel for the first Respondent: The first respondent filed a submitting appearance

Counsel for the second Respondent: Mr A Howell

Solicitor for the second Respondent: Maritime Union of Australia

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY FAIR WORK DIVISION VID 691 of 2014

BETWEEN: FBIS INTERNATIONAL PROTECTIVE SERVICES (AUST) PTY LTD (ACN 083 083 774)

Applicant

AND: FAIR WORK COMMISSION

First Respondent

MARITIME UNION OF AUSTRALIA

Second Respondent

JUDGE: JESSUP J DATE OF ORDER: 27 NOVEMBER 2014 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The operation of the order of the Full Bench of the First Respondent made on 21 October 2014 in C2014/4854 be stayed pending the hearing and determination of this proceeding or further order. 2. The application be listed for hearing before a Full Court in Melbourne on a date to be fixed during the Full Court and Appellate Sitting period 9 February 2015 to 6 March 2015. 3. The hearing be listed for an estimate of 1 day. 4. In accordance with Practice Note APP2, not later than 4:00 pm 20 business days before the hearing of the application, the applicant must file and serve on Second Respondent its outline of submissions. 5. In accordance with Practice Note APP2, not later than 4:00 pm 15 business days before the hearing of the appeal, the Second Respondent must file and serve on the applicant its outline of submissions together with a list of materials it requires to be included in Part C of the Application Book. 6. In accordance with Practice Note APP2, not later than 4:00 pm 10 business days before the hearing of the application, the applicant must file and serve on the First Respondent any submissions in reply. 7. In accordance with Practice Note APP2, not later than 4:00 pm 5 business days before the hearing of the appeal, the applicant must: (a) file four copies; and (b) serve on First Respondent a copy, of Part C of the Application Book. 8. Outlines of submissions not exceed 10 pages in length, including any annexures and be easily legible using a font size of at least 12 points and one and a half line spacing throughout, including in any footnotes and annexures. Italics or underlining must be used for legislation and case citations and boldface or italics may be used for occasional emphasis. 9. Each party file and serve a list of authorities and legislation in accordance with Practice Note CM 2. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.