Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Absolute Commissioning Group Pty Ltd (No 2) [2024] FCA 1324

Federal Court of Australia Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Absolute Commissioning Group Pty Ltd (No 2) [2024] FCA 1324 File number: NSD 870 of 2024

Judgment of: KATZMANN J

Date of judgment: 19 November 2024

Catchwords: INDUSTRIAL LAW – interlocutory application for summary dismissal of proceedings against third respondent for want of jurisdiction – where two employees were dismissed from employment by first respondent – where s 370 of Fair Work Act 2009 (Cth) (FW Act) imposes alternative preconditions to the making of applications alleging dismissal in contravention of general protections provisions – where one alternative is if the application to the court includes an application for an interim injunction – where general protections court application brought against two respondents and included application for interim injunction – where interim injunction dismissed before third respondent joined to proceedings – whether general protections court application includes application for interim injunction – where third respondent alleged to have been involved in dismissal and also to have engaged in contravening conduct other than dismissal – whether jurisdiction of Court enlivened under section 370(b) of FW Act PRACTICE AND PROCEDURE – where applicants filed amended originating application joining additional respondent before any pleadings filed – whether leave of Court required – whether leave should be granted

Acts Interpretation Act 1901 (Cth) s 15AA Legislation: Fair Work Act 2009 (Cth) ss 12, 340, 346, 365, 370, 372, 374, 550, 570, 592, 595 Federal Court of Australia Act 1976 (Cth), s 51 Federal Court Rules 2011 (Cth), rr 1.40, 8.21, 9.02, 9.05,