Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bechtel Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union [2015] FCA 778 Citation: Bechtel Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union [2015] FCA 778
Parties: BECHTEL CONSTRUCTION (AUSTRALIA) PTY LTD and BECHTEL AUSTRALIA PTY LTD v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, JADE INGHAM, BEN LOAKES, MICHAEL ROBINSON, JODY MOSES, SCOTT VINK, KEVIN GRIFFIN, ROBERT GRAAUWMANS and JOHN LOMAX
File number: QUD 442 of 2014
Judge: LOGAN J
Date of judgment: 8 July 2015
Catchwords: PRACTICE AND PROCEDURE – pleadings – strike out application pursuant to r 16.21(c) and (d) of the Federal Court Rules 2011 (Cth) – whether statement of claim embarrassing or ambiguous – whether claims and material facts properly pleaded – sufficiency of pleadings in terms of ensuring procedurally fair trial – pleadings adequate – degree of generality or ambition in damages sought a matter for evidence trial INDUSTRIAL LAW – construction of pleadings – alleged coercion of employees and industrial action amounting to contravention of s 343(1) and s 348 of the Fair Work Act 2009 (Cth), interference with contractual relations and public nuisance
Legislation: Fair Work Act 2009 (Cth) ss 19, 343, 347, 348, 421 Federal Court Rules 2011 (Cth) r 16.21
Cases cited: Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2015) 320 ALR 61 cited Patrick Stevedores Operations Pty Ltd v The Maritime Union of Australia (1988) 88 IR 34 cited
Date of hearing: 8 July 2015
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