Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2016] FCA 987

Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2016] FCA 987

Substantial portions of the amended statement of claim were struck out for lacking properly pleaded material facts, containing ambiguous or conclusory allegations, and failing to disclose a reasonable cause of action. The defects arise primarily from factual uncertainty, improper pleading of states of mind, and reliance on vague definitions of key agreements. The Court refused summary judgment and granted leave to replead, finding triable issues may exist if properly formulated. No costs order was made, as s 570 Fair Work Act criteria were not satisfied.

Jurisdiction
Australia
Judgment Date
19 August 2016
Procedural Posture
Interlocutory Proceedings / Strike Out and Summary Judgment Applications
Outcome
Paragraphs of the amended statement of claim struck out; leave to replead granted; summary judgment refused; no costs order.
Legal Topics
['strike Out of Pleadings' 'summary Judgment' 'adverse Action' 'accessory Liability' 'fair Work Act' 'costs']
['practice and Procedure' 'employment Law' 'industrial Relations'] ['strike Out of Pleadings' 'summary Judgment' 'adverse Action' 'accessory Liability' 'fair Work Act' 'costs']

Case Brief

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Procedural Posture

Interlocutory Proceedings / Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 ['Whether paragraphs of the amended statement of claim should be struck out under Federal Court Rules 2011' 'Whether the amended statement of claim discloses a reasonable cause of action under the Fair Work Act 2009' 'Whether material facts for claims of adverse action and accessory liability are adequately pleaded' 'Whether summary judgment should be granted under s 31A Federal Court of Australia Act 1976' 'Whether costs should be ordered under s 570 Fair Work Act 2009']

Ratio Decidendi

Substantial portions of the amended statement of claim were struck out for lacking properly pleaded material facts, containing ambiguous or conclusory allegations, and failing to disclose a reasonable cause of action. The defects arise primarily from factual uncertainty, improper pleading of states of mind, and reliance on vague definitions of key agreements. The Court refused summary judgment and granted leave to replead, finding triable issues may exist if properly formulated. No costs order was made, as s 570 Fair Work Act criteria were not satisfied.

Court Disposition

Paragraphs of the amended statement of claim struck out; leave to replead granted; summary judgment refused; no costs order.

Orders

  • ['Paragraphs 28B, 29, 30, 31, 32, 33, 33A, 34, 35, 38, 39, 40, 40A, 41, 42, 43, 44 and 45 of the amended statement of claim be struck out.' 'Leave granted to file a further amended statement of claim by 4 pm on 30 September 2016.' 'Matter to return for further directions at 9.30 am on 10 October 2016.' "Liberty to...