The Construction, Forestry, Mining and Energy Union of Workers -v- (Not applicable)
Document Type: Order
Matter Number: FBM 2/2011
Matter Description: Application pursuant to s 72A that the CFMEU has right to represent the industrial interests of employees in certain enterprises
Industry: Unions
Jurisdiction: Full Bench
Member/Magistrate name: The Honourable J H Smith, Acting President, Acting Senior Commissioner P E Scott, Commissioner J L Harrison
Delivery Date: 18 Jan 2011
Result: Order issued
Citation: 2011 WAIRC 00041
WAIG Reference: 91 WAIG 182
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES THE AUSTRALIAN WORKERS' UNION, WEST AUSTRALIAN BRANCH, INDUSTRIAL UNION OF WORKERS
APPLICANT
-AND-
(NOT APPLICABLE)
RESPONDENT
THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS
APPLICANT
-AND-
(NOT APPLICABLE)
RESPONDENT
CORAM FULL BENCH
THE HONOURABLE J H SMITH, ACTING PRESIDENT
ACTING SENIOR COMMISSIONER P E SCOTT
COMMISSIONER J L HARRISON
DATE TUESDAY, 18 JANUARY 2011
FILE NO/S FBM 14 OF 2010, FBM 2 OF 2011
CITATION NO. 2011 WAIRC 00041
Result Order issued
Appearances
APPLICANT MR M COX (OF COUNSEL) AND WITH HIM MR S BANOVICH (OF COUNSEL)
MR J NICHOLAS (OF COUNSEL) ON BEHALF OF THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS
Order
This matter having come on for hearing before the Full Bench on 17 January 2011, and having heard Mr M Cox (of counsel) and with him Mr S Banovich (of counsel) on behalf of the applicant, and Mr J Nicholas (of counsel) on behalf of The Construction, Forestry, Mining and Energy Union of Workers, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders that —
1. FBM 14 of 2010 be adjourned to a date to be fixed.
2. The application by The Construction, Forestry, Mining and Energy Union of Workers (CFMEU) to be joined as a party to FBM 14 of 2010 be dismissed.
3. The CFMEU have leave to amend FBM 2 of 2011 by 4:00pm on 24 January 2011.
4. The Australian Workers’ Union, West Australian Branch, Industrial Union of Workers have leave to amend FBM 14 of 2010 by 4:00pm on 24 January 2011.
5. FBM 14 of 2010 and FBM 2 of 2011 be consolidated in the one proceeding to be known as consolidated FBM 14 of 2010 and FBM 2 of 2011.
6. The parties to FBM 14 of 2010 and FBM 2 of 2011 to file and serve witness statements by no later than 10 days prior to the date fixed for hearing of FBM 14 of 2010 and FBM 2 of 2011.
7. The parties are to file and serve an outline of submissions no later than 5 days prior to the date fixed for hearing of FBM 14 of 2010 and FBM 2 of 2011.
8. Any party who wishes to raise any preliminary point must give notice to the other party of the issues it seeks to raise no later than 14 days prior to the date fixed for the hearing of FBM 14 of 2010 and FBM 2 of 2011.
By the Full Bench
ACTING PRESIDENT
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES THE AUSTRALIAN WORKERS' UNION, WEST AUSTRALIAN BRANCH, INDUSTRIAL UNION OF WORKERS
APPLICANT
-and-
(Not applicable)
RESPONDENT
The Construction, Forestry, Mining and Energy Union of Workers
APPLICANT
-and-
(Not applicable)
RESPONDENT
CORAM FULL BENCH
The Honourable J H Smith, Acting President
Acting Senior Commissioner P E Scott
Commissioner J L Harrison
DATE TUESday, 18 January 2011
FILE NO/S FBM 14 OF 2010, FBM 2 OF 2011
CITATION NO. 2011 WAIRC 00041
Result Order issued
Appearances
Applicant Mr M Cox (of counsel) and with him Mr S Banovich (of counsel)
Mr J Nicholas (of counsel) on behalf of The Construction, Forestry, Mining and Energy Union of Workers
Order
This matter having come on for hearing before the Full Bench on 17 January 2011, and having heard Mr M Cox (of counsel) and with him Mr S Banovich (of counsel) on behalf of the applicant, and Mr J Nicholas (of counsel) on behalf of The Construction, Forestry, Mining and Energy Union of Workers, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders that —
1. FBM 14 of 2010 be adjourned to a date to be fixed.
2. The application by The Construction, Forestry, Mining and Energy Union of Workers (CFMEU) to be joined as a party to FBM 14 of 2010 be dismissed.
3. The CFMEU have leave to amend FBM 2 of 2011 by 4:00pm on 24 January 2011.
4. The Australian Workers’ Union, West Australian Branch, Industrial Union of Workers have leave to amend FBM 14 of 2010 by 4:00pm on 24 January 2011.
5. FBM 14 of 2010 and FBM 2 of 2011 be consolidated in the one proceeding to be known as consolidated FBM 14 of 2010 and FBM 2 of 2011.
6. The parties to FBM 14 of 2010 and FBM 2 of 2011 to file and serve witness statements by no later than 10 days prior to the date fixed for hearing of FBM 14 of 2010 and FBM 2 of 2011.
7. The parties are to file and serve an outline of submissions no later than 5 days prior to the date fixed for hearing of FBM 14 of 2010 and FBM 2 of 2011.
8. Any party who wishes to raise any preliminary point must give notice to the other party of the issues it seeks to raise no later than 14 days prior to the date fixed for the hearing of FBM 14 of 2010 and FBM 2 of 2011.
By the Full Bench
ACTING PRESIDENT