Curragh Queensland Mining Ltd v Construction, Forestry, Mining & Energy Union & Ors [1997] FCA 632

Curragh Queensland Mining Ltd v Construction, Forestry, Mining & Energy Union & Ors [1997] FCA 632

The Court directs that the issues raised by paragraph 3 of the application regarding the validity of clause 24 be dealt with as separate issues in accordance with Order 29 rule 2 of the Federal Court Rules, finding there is no demonstrated urgency to warrant expedition of the full application.

Parties
Applicant: Curragh Queensland Mining Limited; First Respondent: Construction, Forestry, Mining and Energy Union; Second Respondent: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; Third Respondent: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Jurisdiction
Australia
Judgment Date
11 July 1997
Procedural Posture
Application / Interlocutory; Directions and Costs Orders
Outcome
Adjourned; directions made
Legal Topics
Validity of Enterprise Agreement Provisions, Jurisdiction Under Workplace Relations Act
Industrial Law Validity of Enterprise Agreement Provisions Jurisdiction Under Workplace Relations Act

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Parties

Curragh Queensland Mining Limited

Applicant

Construction, Forestry, Mining and Energy Union

First Respondent

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

Second Respondent

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Third Respondent

Procedural Posture

Application / Interlocutory; Directions and Costs Orders

Legal Issues

  1. 1 Whether clause 24 is invalid for conflict with the Workplace Relations Act
  2. 2 Whether the Court has jurisdiction under s 413 of the Workplace Relations Act to determine validity

Ratio Decidendi

The Court directs that the issues raised by paragraph 3 of the application regarding the validity of clause 24 be dealt with as separate issues in accordance with Order 29 rule 2 of the Federal Court Rules, finding there is no demonstrated urgency to warrant expedition of the full application.

Court Disposition

Adjourned; directions made

Orders

  • The costs of today be reserved to 1 August 1997.
  • The matter be adjourned to 9.30 am on Friday, 1 August 1997.