Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Stanwell Corporation Ltd (No 3) [2014] FCA 1324

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Stanwell Corporation Ltd (No 3) [2014] FCA 1324

Leave was granted because the proposed amended statement of claim pleaded material facts about the relevant teams, their responsibilities, their alleged full engagement in ordinary work, and the additional work said to arise if units 4 and 2 were brought back into service. Those pleaded facts were sufficient to support the applicants' claim that the respondent's decision was likely to have a significant effect on employees and to put the respondent on notice of the alleged contravention of clause 2.11(1) of the Tarong Agreement. The pleading was not vague or ambiguous, did not merely plead unsupported conclusions, and any attack on the merits was premature.

Jurisdiction
Australia
Judgment Date
05 December 2014
Procedural Posture
Interlocutory Application in the Fair Work Division / Application for Leave to File an Amended Statement of Claim After Earlier Paragraphs of the Statement of Claim Were Struck Out
Outcome
Application granted; applicants given leave to file the amended statement of claim.
Legal Topics
['leave to Amend Statement of Claim' 'pleading Material Facts' 'strike Out of Pleadings' 'enterprise Agreement Consultation Obligations' 'federal Court Rules 2011 (cth) Rr 16.02(2)(c), 16.02(2)(e)']
['practice and Procedure' 'industrial Law'] ['leave to Amend Statement of Claim' 'pleading Material Facts' 'strike Out of Pleadings' 'enterprise Agreement Consultation Obligations' 'federal Court Rules 2011 (cth) Rr 16.02(2)(c), 16.02(2)(e)']

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Procedural Posture

Interlocutory Application in the Fair Work Division / Application for Leave to File an Amended Statement of Claim After Earlier Paragraphs of the Statement of Claim Were Struck Out

Legal Issues

  1. 1 ['Whether the applicants should be granted leave to file the proposed amended statement of claim.' 'Whether the proposed amended statement of claim was evasive or ambiguous within r 16.02(2)(c) of the Federal Court Rules 2011 (Cth).' 'Whether the proposed amended statement of claim failed to disclose a reasonable cause of action or other case appropriate to the nature of the pleading within r 16.02(2)(e) of the Federal Court Rules 2011 (Cth).' "Whether the proposed amendments pleaded material facts sufficient to put the respondent on notice of the applicants' case that clause 2.11(1) of the Tarong Power Station Enterprise Agreement 2012 was engaged."]

Ratio Decidendi

Leave was granted because the proposed amended statement of claim pleaded material facts about the relevant teams, their responsibilities, their alleged full engagement in ordinary work, and the additional work said to arise if units 4 and 2 were brought back into service. Those pleaded facts were sufficient to support the applicants' claim that the respondent's decision was likely to have a significant effect on employees and to put the respondent on notice of the alleged contravention of clause 2.11(1) of the Tarong Agreement. The pleading was not vague or ambiguous, did not merely plead unsupported conclusions, and any attack on the merits was premature.

Court Disposition

Application granted; applicants given leave to file the amended statement of claim.

Orders

  • ["The applicants have leave to file an amended statement of claim, in the form attached as annexure A to the interlocutory application filed by the applicants on 8 August 2014, within 14 days of today's date."]