Federal Court of Australia
Federal Court of Australia
Construction, Forestry, Maritime, Mining and Energy Union v Abseal Pty Ltd [2021] FCA 1513 File number: VID 401 of 2020
Judgment of: SNADEN J
Date of judgment: 2 December 2021
Catchwords: PRACTICE AND PROCEDURE – interlocutory application – parties entered into an agreement in settlement of the proceeding – settlement agreement required the payment of moneys – respondents defaulted on payment obligations – applicant sought orders requiring respondents to pay outstanding amounts – court's jurisdiction to enforce the settlement agreement – relief sought final in nature – relief granted
Legislation: Fair Work Act 2009 (Cth) s 50 Federal Court of Australia Act 1976 (Cth) s 51A
Cases cited: Border Auto Wreckers (Wodonga) Pty Ltd v Strathdee [1997] 2 VR 49 Darling Downs Investments Pty Ltd v Ellwood (1988) 18 FCR 510 Hafertepen v Network Ten Pty Ltd [2020] FCA 1456 Macteldir Pty Ltd v Dimovski (2005) 226 ALR 773
Division: Fair Work Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 14
Date of hearing: 29 November 2021
Counsel for the Applicant: Mr J Hartley
Solicitor for the Applicant: CFMMEU
Counsel for the Second Respondent: The second respondent appeared in person
ORDERS VID 401 of 2020
BETWEEN: CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION Applicant
AND: ABSEAL PTY LTD First Respondent
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