Federal Court of Australia
Federal Court of Australia
Australian Municipal, Administrative, Clerical and Services Union v Hobsons Bay City Council [2021] FCA 806 File number: VID 31 of 2021
Judgment of: ANASTASSIOU J
Date of judgment: 15 July 2021
Catchwords: PRACTICE AND PROCEDURE – application for stay of a proceeding pending determination of Fair Work Commission application – application pursuant to s 217 of the Fair Work Act 2009 (Cth) to vary enterprise agreement to remove ambiguity – whether discretion of Court to grant stay should be exercised – application granted
Legislation: Fair Work Act 2009 (Cth), s 217 Federal Court of Australia Act 1976 (Cth), s 37M Federal Court Rules 2011 (Cth)
Cases cited: Bassett v Coles Myer Logistics Pty Ltd [2003] FCA 551 Bianco Walling Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union [2020] FCAFC 50; 275 FCR 385 Commonwealth Bank of Australia v Finance Sector Union of Australia [2003] FCAFC 212; 124 IR 453 Finance Sector Union of Australia v Commonwealth Bank of Australia [2003] FCA 51 McGarry v Boonah Clothing Pty Ltd (1988) 49 IR 66; 80 ALR 284 ResMed Limited v Australian Manufacturing Workers' Union (No 2) [2015] FCA 537; 243 FCR 366 Warramunda Village Inc v Pryde [2002] FCAFC 25058; 116 FCR 58
Division: Fair Work Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 26
Date of hearing: 28 June 2021
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