Construction, Forestry, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd (No 2) [2014] FCA 351

Construction, Forestry, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd (No 2) [2014] FCA 351

The Court was not satisfied that either abandoned claim was instituted without reasonable cause. The Union membership claim was not clearly bound to fail on the Union's own version of the facts, because the fact that some Union members received vouchers did not necessarily exclude Union membership as one reason for withholding vouchers from others. The Canning Vale and Regency Park claim was not clearly bound to fail at the time proceedings were instituted, because the fact that non-striking workers at those sites did not receive gift cards did not exclude the possibility that a reason for not giving gift cards to striking workers was that they had engaged in protected industrial action....

Jurisdiction
Australia
Judgment Date
08 April 2014
Procedural Posture
Costs Application in Proceedings Under the Fair Work Act 2009 (cth) / After the Respondents Successfully Resisted the Substantive Claims; Application for Costs in Respect of Two Claims Abandoned at Trial
Outcome
Application for costs dismissed; no order as to costs.
Legal Topics
['fair Work Act Costs' 'section 570 of the Fair Work Act 2009 (cth)' 'proceedings Instituted Without Reasonable Cause' 'unreasonable Act or Omission Causing Costs' 'abandoned Claims at Trial' 'adverse Action']
['employment and Industrial Law' 'costs'] ['fair Work Act Costs' 'section 570 of the Fair Work Act 2009 (cth)' 'proceedings Instituted Without Reasonable Cause' 'unreasonable Act or Omission Causing Costs' 'abandoned Claims at Trial' 'adverse Action']

Case Brief

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Procedural Posture

Costs Application in Proceedings Under the Fair Work Act 2009 (cth) / After the Respondents Successfully Resisted the Substantive Claims; Application for Costs in Respect of Two Claims Abandoned at Trial

Legal Issues

  1. 1 ['Whether the abandoned Union membership claim was instituted without reasonable cause within s 570(2)(a) of the Fair Work Act 2009 (Cth).' 'Whether the abandoned claim concerning Canning Vale and Regency Park employees was instituted without reasonable cause within s 570(2)(a) of the Fair Work Act 2009 (Cth).' "Whether the Union's failure to abandon the Canning Vale and Regency Park claim after discovery was an unreasonable act or omission causing costs within s 570(2)(b) of the Fair Work Act 2009 (Cth)." 'Whether, as a matter of discretion, any costs should be awarded for the abandoned claims.']

Ratio Decidendi

The Court was not satisfied that either abandoned claim was instituted without reasonable cause. The Union membership claim was not clearly bound to fail on the Union's own version of the facts, because the fact that some Union members received vouchers did not necessarily exclude Union membership as one reason for withholding vouchers from others. The Canning Vale and Regency Park claim was not clearly bound to fail at the time proceedings were instituted, because the fact that non-striking workers at those sites did not receive gift cards did not exclude the possibility that a reason for not giving gift cards to striking workers was that they had engaged in protected industrial action....

Court Disposition

Application for costs dismissed; no order as to costs.

Orders

  • ['There be no order as to costs.']