Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction Forestry Mining and Energy Union v Anglo Coal (Capcoal Management) Pty Ltd [2016] FCA 1582
File number(s): QUD 935 of 2016
Judge(s): KATZMANN J
Date of judgment: 23 December 2016
Catchwords: INDUSTRIAL LAW — termination of employment purportedly on grounds of redundancy — application alleging that termination was adverse action taken for prohibited reasons, contrary to Pt 3–1 of the Fair Work Act 2009 (Cth) — interlocutory application for reinstatement pending hearing and determination of application or further order — whether interim reinstatement order an "interim injunction" for the purposes of s 370 of the Act — whether interim injunctions should be made — whether prima facie case for relief — whether balance of convenience favours making of order — whether order should not be granted by reason of delay in bringing application
Words & phrases: "interim injunction"
Legislation: Evidence Act 1995 (Cth) s 91(1) Fair Work Act 2009 (Cth) ss 19, 176, 336, 340, 342, 346, 347, 361, 365, 370, 453, 471, 539, 545, 604 Federal Court of Australia Act 1976 (Cth) s 23 Workplace Relations Act 1996 (Cth) ss 298U, 809
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia SRL (No 4) [2012] FCA 1323 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Visy Packaging Pty Ltd (No 2) [2011] FCA 953 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU) v McCain Foods (Aust) Pty Ltd [2012] FCA 112 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Board of Bendigo Regional Institute of Technical and Further Education v Barclay (No 1) (2012) 248 CLR 500 Bray v F Hoffman-La Roche Ltd (2002) 118 FCR 1 Chenoskova v The University of Adelaide [2014] FCA 1436 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Bluestfar Pacific Pty Ltd [2009] FCA 726; 184 IR 333 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2012] FCA 563 Construction, Forestry, Mining and Energy Union v Downer EDI Engineering Power Pty Ltd [2012] FCA 661 Construction, Forestry, Mining and Energy Union v Eco Recycler Pty Ltd [2013] FCA 24 Davids Distribution Pty Ltd v National Union of Workers (1999) 91 FCR 463 Esso Australia Pty Ltd v Australian Workers' Union [2016] FCAFC 72; 258 IR 396 Kenefick v Australian Submarine Corporation Pty Ltd (No 2) [1996] IRCA 159; 65 IR 366 Manos v Maras [2007] SASC 192 (FC) Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 Police Federation of Australia v Nixon (2008) 168 FCR 340 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238
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