CFMEU v Able Demolitions & Excavations Pty Ltd [2001] FCA 1748

CFMEU v Able Demolitions & Excavations Pty Ltd [2001] FCA 1748

Paragraphs alleging award breaches in a global way, without identifying the employees affected, the relevant classifications or entitlements, the dates, days or pay periods, and other facts necessary to constitute the alleged breaches, did not plead material facts with the specificity required for award breach proceedings and were struck out; paragraphs that were introductory, related to coverage, standing, validity of instruments, or otherwise did not clearly warrant strike-out were not struck out.

Jurisdiction
Australia
Judgment Date
06 December 2001
Procedural Posture
Application Under the Workplace Relations Act 1996 (cth), the Pre 31 December 1996 Workplace Relations Act 1996 (cth), and the Industrial Relations Act 1988 (cth) Seeking Penalties and Payments for Alleged Award and Agreement Breaches / Review Under S35 A(5) and S35 A(6) of the Federal Court of Australia Act 1976 (cth) of a Registrar's Decision Striking Out the Statement of Claim
Outcome
Specified paragraphs of the Statement of Claim were struck out; the applicant was ordered to file and serve an amended Statement of Claim; the directions hearing was adjourned.
Legal Topics
['strike Out of Pleadings' 'statement of Claim' 'global Pleadings' 'award Breach Proceedings' "review of Registrar's Decision"]
['practice and Procedure' 'industrial Law'] ['strike Out of Pleadings' 'statement of Claim' 'global Pleadings' 'award Breach Proceedings' "review of Registrar's Decision"]

Case Brief

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Procedural Posture

Application Under the Workplace Relations Act 1996 (cth), the Pre 31 December 1996 Workplace Relations Act 1996 (cth), and the Industrial Relations Act 1988 (cth) Seeking Penalties and Payments for Alleged Award and Agreement Breaches / Review Under S35 A(5) and S35 A(6) of the Federal Court of Australia Act 1976 (cth) of a Registrar's Decision Striking Out the Statement of Claim

Legal Issues

  1. 1 ["Whether certain paragraphs of the applicant's Statement of Claim should be struck out for lack of material facts or impermissible global pleading" 'What material facts must ordinarily be pleaded in award breach proceedings' "Whether the review of the Registrar's decision was a hearing de novo"]

Ratio Decidendi

Paragraphs alleging award breaches in a global way, without identifying the employees affected, the relevant classifications or entitlements, the dates, days or pay periods, and other facts necessary to constitute the alleged breaches, did not plead material facts with the specificity required for award breach proceedings and were struck out; paragraphs that were introductory, related to coverage, standing, validity of instruments, or otherwise did not clearly warrant strike-out were not struck out.

Court Disposition

Specified paragraphs of the Statement of Claim were struck out; the applicant was ordered to file and serve an amended Statement of Claim; the directions hearing was adjourned.

Orders

  • ['The following paragraphs of the Statement of Claim be struck out: 42, 43, 46, 48, 49, 51, 52, 57, 58, 66, 67, 69, 70, 77, 90, 92, 95, 96, 98 and 100.' 'The applicant file and serve an amended Statement of Claim on or before 1 February 2002.' 'The directions hearing be adjourned to 10.15 am on 4 February 2002.']