Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2016] FCA 987

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2016] FCA 987 File number: QUD 1139 of 2015

Judge: COLLIER J

Date of judgment: 19 August 2016

Catchwords: PRACTICE AND PROCEDURE – Federal Court Rules 2011 (Cth) rr 16.21(1)(c), 16.21(1)(d), 16.21(1)(e) and 16.21(1)(f) – application to strike out parts of amended statement of claim – whether parts of the amended statement of claim defective – whether claims disclose no reasonable cause of action – whether material facts pleaded – whether claims conclusory – whether claims ambiguous, evasive and likely to cause prejudice – leave given to replead further amended statement of claim PRACTICE AND PROCEDURE – Federal Court of Australia Act 1976 (Cth) s 31A – Federal Court Rules 2011 (Cth) r 26.01– application for summary judgment – whether reasonable prospect of success – successful applications to strike out paragraphs of statement of claim not equivalent to unreasonable prospect of success – application for summary judgment refused COSTS – Fair Work Act 2009 (Cth) (FW Act) s 570 – whether Court satisfied criteria in s 570(2) FW Act are met – principal proceedings commenced pursuant to FW Act – criteria in s 570 FW Act not satisfied – no costs order

Legislation: Fair Work Act 2009 (Cth) ss 3, 340(1)(a)(i), 342, 342(1), 360, 361, 362, 550, 570, 570(2) Federal Court Act of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) rr 7.23, 16.02, 16.21, 16.21(1), 16.21(1)(a)-(f), 16.43, 26.01(a)