Federal Court of Australia
Federal Court of Australia
CPB Contractors Pty Ltd v Construction, Forestry and Maritime Employees Union (No 2) [2024] FCA 460 File number: QUD 189 of 2024
Judgment of: RANGIAH J
Date of judgment: 20 April 2024
Catchwords: INDUSTRIAL LAW – where applicant's application in this Court for interlocutory injunctions was dismissed – where applicant then commenced proceeding in the Fair Work Commission for substantially the same relief – where respondents then sought interlocutory injunction preventing Commission from hearing and determining the application – whether the proceeding in the Commission is an abuse of process – whether interests of justice require staying or restraining the proceeding – where issues not identical and evidence that was not admissible in Court potentially admissible in Commission – application dismissed
Legislation: Evidence Act 1995 (Cth) s 75 Fair Work Act 2009 (Cth) ss 418(1), 420(1), 420(2), 443(1), 444(1A), 462 and 591
Cases cited: Deputy Commissioner of Taxation v Ahern (No 2) [1988] 2 Qd R 158 McMahon v Gould (1982) 7 ACLR 202 National Tertiary Education Union v Monash University [2022] FCA 1368 Pegasus Leasing Ltd v Cadoroll Pty Ltd (1996) 59 FCR 152 Qantas Airways Ltd and Australian Licensed Aircraft Engineers Association (2020) 295 IR 373; [2020] FCA 682 Sterling Pharmaceuticals Pty Ltd v Boots Co (Aust) Pty Ltd (1992) 34 FCR 287 Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees Union [2015] FCA 1033 UBS AG v Tyne (2018) 265 CLR 77
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