Construction Forestry Mining & Energy Union & Ors v Full Bench, Australian Industrial Relations Commission & Anor [1998] FCA 1791

No stay is granted as there is no substantial prospect of success shown in the High Court, there are no seriously irreparable consequences identified, and the balance of convenience does not favour the stay.

Parties: Applicant: Construction Forestry Mining & Energy Union & Ors; First Respondent: Full Bench, Australian Industrial Relations Commission; Second Respondent: Coal and Allied Operations Pty Limited
Jurisdiction: Australia
Judgment Date: 24 December 1998
Procedural Posture: Application for Stay / Interlocutory (application for Stay of Full Court Orders Pending High Court Special Leave)
Outcome: Application for stay refused; motion by second respondent dismissed with costs.
Legal Topics: Application for Stay, Workplace Relations Act, Industrial Relations Commission Proceedings

Industrial Law Application for Stay Workplace Relations Act Industrial Relations Commission Proceedings

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Parties

Construction Forestry Mining & Energy Union & Ors

Applicant

Full Bench, Australian Industrial Relations Commission

First Respondent

Coal and Allied Operations Pty Limited

Second Respondent

Procedural Posture

Application for Stay / Interlocutory (application for Stay of Full Court Orders Pending High Court Special Leave)

Legal Issues

1 Whether to grant a stay of the Federal Court Full Court's orders pending the High Court special leave application

Ratio Decidendi

Court Disposition

Application for stay refused; motion by second respondent dismissed with costs.

Orders

The motion filed by the second respondent on 23 December is dismissed with costs.