Grant v BHP Coal Pty Ltd [2015] FCA 329

FEDERAL COURT OF AUSTRALIA

Grant v BHP Coal Pty Ltd [2015] FCA 329 Citation: Grant v BHP Coal Pty Ltd [2015] FCA 329

Parties: DARRIN JAMES GRANT v BHP COAL PTY LTD and FAIR WORK COMMISSION

File number: QUD 429 of 2014

Judge: COLLIER J

Date of judgment: 10 April 2015

Catchwords: PRACTICE AND PROCEDURE – interlocutory application for union to be joined as applicant in substantive proceeding – r 9.05(1)(b)(ii) and/or (iii) Federal Court Rules 2011 (Cth) – substantive proceedings concern actions taken by employer pursuant to Coal Mining Safety and Health Act 1999 (Qld) – union represented applicant prior to termination of employment – evidence of union involvement in substantial litigation relating to the right and obligations conferred and imposed by that legislation – union submission that it has interest in applicant's claim for declaratory relief – submission that joinder would not add additional time or cost to hearing – applicant has not advanced any reason why the union should be joined – no material before the court evidencing existence or related dispute or that joinder would avoid multiplicity of proceedings

Legislation: Judiciary Act 1903 (Cth) s 39 Federal Court Rules 2011 (Cth) r 9.05, 9.05(1)(b)(ii), 9.05(1)(b)(iii) Coal Mining Safety and Health Act 1999 (Qld)

Cases cited: Employers Reinsurance Corporation v Ashmere Cove Pty Ltd (2008) 166 FCR 398 Grant v BHP Coal Pty Ltd [2014] FWC 1712 Grant v BHP Coal Pty Ltd [2014] FWCFB 3027 McAlister v State of New South Wales [2014] FCA 702 Sienkiewicz v Salisbury Group Pty Limited [2013] FCA 977 Whitton (Trustee), in the matter of Perovich (Bankrupt) v Neolido Holdings Pty Ltd (Receivers and Managers Appointed) [2014] FCA 832