Federal Court of Australia
Federal Court of Australia
DHL Supply Chain (Australia) Pty Limited v United Workers' Union (No 2) [2021] FCA 1401 File number: VID 333 of 2021
Judgment of: SNADEN J
Date of judgment: 12 November 2021
Catchwords: PRACTICE AND PROCEDURE – interlocutory orders required respondents to deliver up and destroy certain materials within specified periods – respondent failed to deliver up and destroy all materials captured by the orders within those periods – interlocutory application for orders varying earlier orders nunc pro tunc to regularise non-compliance – exercise of court's discretion – non-compliance product of inadvertence or oversight – significant consequences if orders not varied – interests of justice warrant variation of orders – orders varied nunc pro tunc INDUSTRIAL LAW – extant enterprise bargaining between parties – prospect of application for protected action ballot order – Fair Work Act 2009 (Cth), s 413(5) – common requirement that there be compliance with orders – inability to organise protected industrial action absent variation of orders nunc pro tunc – interests of justice warrant variation of orders
Legislation: Corporations Act 2001 (Cth) Fair Work Act 2009 (Cth) ss 408, 413, 415, 603
Cases cited: Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd (2020) 276 FCR 172 Australian Securities and Investments Commission v ActiveSuper Pty Ltd (No 4) [2013] FCA 318 Bingham v England (1996) 17 WAR 226 Deloitte Touche Tohmatsu v Sadie Ville (as trustee for Sadie Ville Superannuation Fund) [2020] FCAFC 23 DHL Supply Chain (Australia) Pty Ltd v United Workers' Union [2021] FCA 707 Emanuele v Australian Securities Commission (1997) 188 CLR 114 Esso Australia Pty Ltd v Australian Workers' Union (2017) 263 CLR 511 Hartley Poynton Ltd v Ali (2005) 11 VR 568 Professional Administration Service Centres Pty Ltd v Commissioner of Taxation (2012) 295 ALR 52 Robson as former trustee of the estate of Samsakopoulos v Body Corporate for Sanderling and Kings Beach CTS 2942 [2021] FCAFC 143
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