FEDERAL COURT OF AUSTRALIA
John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union
[2012] FCA 224
IN THE FEDERAL COURT OF AUSTRALIA | |
DATE OF ORDER: | 14 MARCH 2012 |
WHERE MADE: |
THE COURT ORDERS THAT:
1. There be no order as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
QUEENSLAND DISTRICT REGISTRY | |
FAIR WORK DIVISION | QUD 63 of 2009 |
BETWEEN: | JOHN HOLLAND PTY LTD (ACN 004 282 268) Applicant
|
AND: | CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION First Respondent THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA Second Respondent AUTOMOTIVE, FOOD METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION Third Respondent AUSTRALIAN WORKERS UNION Fourth Respondent AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER Fifth Respondent
|
JUDGE: | GREENWOOD J |
DATE: | 14 MARCH 2012 |
PLACE: | BRISBANE |
REASONS FOR JUDGMENT
1 There is one outstanding matter to be addressed in the final resolution of all issues arising out of the above proceedings.
2 In delivering judgment in relation to the substantive issues in the proceeding an order was made that the costs of and incidental to the further consideration of matters remitted to the primary judge pursuant to orders of the Court made on 16 July 2010 be reserved and the parties lodge written submissions in relation to costs within three weeks.
3 Submissions were lodged on behalf of the applicant.
4 Submissions were not received by the Court from the respondents.
5 The Court contacted the respondents to determine whether they wished to lodge any submissions. They do not propose to do so.
6 Section 824 of the Workplace Relations Act 1996 (Cth) provides that a party to a proceeding, including an appeal, in a matter arising under the Workplace Relations Act must not be ordered to pay costs incurred by any other party to the proceedings unless the proceeding was instituted vexatiously or without reasonable cause.
7 I accept that the proceeding were not instituted vexatiously or without reasonable cause and nor was there any unreasonable act or omission which would warrant an order for costs.
8 It follows that there will be no order for costs.
I certify that the preceding eight (8) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Greenwood. |
Associate:
Dated: 14 March 2012
