Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Nursing and Midwifery Federation v Bupa Aged Care Australia Pty Ltd [2017] FCA 1246 File number: VID 1074 of 2017
Judge: O'CALLAGHAN J
Date of judgment: 24 October 2017
Catchwords: FAIR WORK – application for declaratory and injunctive relief to restrain alleged contravention of s 50 of the Fair Work Act 2009 (Cth) – where applicant alleges respondent contravened consultation clause of enterprise agreement in respect of anticipated redundancies – application dismissed
Legislation: Evidence Act 1995 (Cth), s 140 Fair Work Act 2009 (Cth), s 545 Federal Court of Australia Act 1976 (Cth), s 21
Cases cited: ACTEW Corporation Ltd v Pangallo (2002) 127 FCR 1 Australian Building and Construction Commissioner v Hall [2017] FCA 274 Briginshaw v Briginshaw (1938) 60 CLR 336 McAleer v The University of Western Australia (No 3) (2008) 171 FCR 499 Port Kembla Coal Terminal Ltd v Construction, Forestry, Mining and Energy Union (2016) 248 FCR 18
Date of hearing: 16, 17 October 2017
Registry: Victoria
Division: Fair Work Division
National Practice Area: Employment and Industrial Relations
Category: Catchwords
Number of paragraphs: 69
Counsel for the Applicant: Mr J McKenna
Solicitor for the Applicant: Ryan Carlisle Thomas Lawyers
Counsel for the Respondent: Mr M J Follett
Solicitor for the Respondent: Bupa Aged Care Australia Pty Ltd
ORDERS VID 1074 of 2017
BETWEEN: AUSTRALIAN NURSING AND MIDWIFERY FEDERATION
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