Federal Court of Australia
Federal Court of Australia
Australian Workers' Union v John Holland Pty Ltd [2023] FCA 892 File number(s): NSD 440 of 2023
Judgment of: JACKMAN J
Date of judgment: 2 August 2023
Catchwords: PRACTICE AND PROCEDURE – application for temporary stay of proceedings pending determination of related Fair Work Commission proceedings – where prospective relief is sought and only available in the competing proceeding – where the competing proceeding is a non-judicial proceeding – where a temporary stay favours the health and safety of workers, and the timely and efficient construction of public works – temporary stay granted
Legislation: Fair Work Act 2009 (Cth) ss 12, 481, 482, 502, 505, 546, 577, 595, 599 Work Health and Safety Act 2011 (Cth) ss 19, 117, 118, 120, 142 Federal Court Rules 2011 (Cth) r 16.32
Cases cited: Aerocare Flight Support Pty Ltd v Australian Municipal, Administrative, Clerical and Services Union [2018] FCA 128 Bella Products Pty Ltd v Creative Designs International Ltd [2009] FCA 868; (2009) 258 ALR 538 Henry v Henry [1996] HCA 51; (1996) 185 CLR 571 Michael Wilson & Partners Ltd v Emmott [2021] NSWCA 315; (2021) 396 ALR 497 QSuper Board v Australian Financial Complaints Authority Limited [2020] FCAFC 55; (2020) 276 FCR 97 ResMed Limited v Australian Manufacturing Workers' Union (No 2) [2015] FCA 537; (2015) 243 FCR 366 Sterling Pharmaceuticals Pty Ltd v The Boots Company (Australia) Pty Ltd [1992] FCA 71; (1992) 34 FCR 287
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