National Union of Workers v Coles CDC Eastern Creek Pty Ltd [2008] FCA 1444

National Union of Workers v Coles CDC Eastern Creek Pty Ltd [2008] FCA 1444

The Court made procedural orders to expedite consideration of the interlocutory application, pending further examination of whether urgent interim relief should be granted; it has not yet determined that a case for relief has been made.

Jurisdiction
Australia
Judgment Date
17 September 2008
Procedural Posture
Application for Urgent Interlocutory Relief / Preliminary Procedural Orders Pending Hearing of Interlocutory Application
Outcome
Procedural orders made; leave granted for filing; matter listed for hearing of interlocutory application; not yet a final determination on interlocutory relief.
Legal Topics
['union Collective Agreement' 'employee Ballot' 'interlocutory Relief']
['employment Law' 'industrial Relations'] ['union Collective Agreement' 'employee Ballot' 'interlocutory Relief']

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Procedural Posture

Application for Urgent Interlocutory Relief / Preliminary Procedural Orders Pending Hearing of Interlocutory Application

Legal Issues

  1. 1 ['Whether a proposed union collective agreement complies with the requirements of the Workplace Relations Act 1996 (Cth)' 'Whether urgent interlocutory relief is warranted pending the employee ballot']

Ratio Decidendi

The Court made procedural orders to expedite consideration of the interlocutory application, pending further examination of whether urgent interim relief should be granted; it has not yet determined that a case for relief has been made.

Court Disposition

Procedural orders made; leave granted for filing; matter listed for hearing of interlocutory application; not yet a final determination on interlocutory relief.

Orders

  • ["Leave granted to the Applicants to file the Application and supporting affidavit of Anthony O'Donnell, sworn 17 September 2008, in Court." 'The time by which the Application is to be served on the 1st to 3rd Respondents be abridged to 1.00pm on Thursday, 18 September 2008.' 'The time by which the Application is to...