Grant v BHP Coal Pty Ltd [2015] FCA 329

Grant v BHP Coal Pty Ltd [2015] FCA 329

Joinder of the CFMEU was refused because Mr Grant did not show that its joinder was necessary for the issues in the substantive proceeding to be heard and finally determined, and did not provide material evidencing a related dispute or supporting an inference that joinder would avoid multiplicity of proceedings. The CFMEU's support for Mr Grant and its interest in issues affecting members were insufficient for joinder under r 9.05(1)(b)(ii) or r 9.05(1)(b)(iii).

Jurisdiction
Australia
Judgment Date
10 April 2015
Procedural Posture
Interlocutory Application for Joinder of the Construction, Forestry, Mining and Energy Union as an Applicant in Substantive Federal Court Proceedings / Interlocutory Application Filed on 12 March 2015 and Determined on 10 April 2015
Outcome
The applicant's interlocutory application was dismissed.
Legal Topics
['joinder of Parties' 'federal Court Rules 2011 (cth) R 9.05' 'unfair Dismissal Proceedings' 'judicial Review of Fair Work Commission Decision' 'medical Examination Directions' 'disciplinary Interviews']
['practice and Procedure' 'fair Work' 'employment Law' 'coal Mining Safety and Health'] ['joinder of Parties' 'federal Court Rules 2011 (cth) R 9.05' 'unfair Dismissal Proceedings' 'judicial Review of Fair Work Commission Decision' 'medical Examination Directions' 'disciplinary Interviews']

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Procedural Posture

Interlocutory Application for Joinder of the Construction, Forestry, Mining and Energy Union as an Applicant in Substantive Federal Court Proceedings / Interlocutory Application Filed on 12 March 2015 and Determined on 10 April 2015

Legal Issues

  1. 1 ['Whether the Construction, Forestry, Mining and Energy Union should be joined as an applicant under r 9.05(1)(b)(ii) of the Federal Court Rules 2011 (Cth) because its joinder was necessary to ensure that each issue in dispute could be heard and finally determined.' 'Whether the Construction, Forestry, Mining and Energy Union should be joined as an applicant under r 9.05(1)(b)(iii) of the Federal Court Rules 2011 (Cth) to enable determination of a related dispute and avoid multiplicity of proceedings.']

Ratio Decidendi

Joinder of the CFMEU was refused because Mr Grant did not show that its joinder was necessary for the issues in the substantive proceeding to be heard and finally determined, and did not provide material evidencing a related dispute or supporting an inference that joinder would avoid multiplicity of proceedings. The CFMEU's support for Mr Grant and its interest in issues affecting members were insufficient for joinder under r 9.05(1)(b)(ii) or r 9.05(1)(b)(iii).

Court Disposition

The applicant's interlocutory application was dismissed.

Orders

  • ["The applicant's interlocutory application filed on 12 March 2015 be dismissed."]