Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Ors v Queensland Rail and Anor

[2014] HCATrans 34

[2014] HCATrans 034

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane   No B63 of 2013

B e t w e e n -

COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA

First Plaintiff

THE ELECTRICAL TRADES UNION OF EMPLOYEES QUEENSLAND

Second Plaintiff

AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION

Third Plaintiff

QUEENSLAND SERVICES, INDUSTRIAL UNION OF EMPLOYEES

Fourth Plaintiff

AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION KNOWN AS THE AUSTRALIAN MANUFACTURING WORKERS’ UNION

Fifth Plaintiff

AUTOMOTIVE, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES INDUSTRIAL UNION OF EMPLOYEES, QUEENSLAND

Sixth Plaintiff

AUSTRALIAN FEDERATED UNION OF LOCOMOTIVE EMPLOYEES, QUEENSLAND UNION OF EMPLOYEES (FEDERAL)

Seventh Plaintiff

AUSTRALIAN FEDERATED UNION OF LOCOMOTIVE EMPLOYEES, QUEENSLAND UNION OF EMPLOYEES (STATE)

Eighth Plaintiff

AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, QUEENSLAND BRANCH

Ninth Plaintiff

AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION OF EMPLOYEES, QUEENSLAND BRANCH

Tenth Plaintiff

and

QUEENSLAND RAIL

First Defendant

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

Second Defendant

Directions hearing

KEANE J

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON THURSDAY, 27 FEBRUARY 2014, AT 9.34 AM

Copyright in the High Court of Australia

____________________

MR H. EL HAGE:   Your Honour, I appear for the plaintiffs.  (instructed by Hall Payne Lawyers)

MR W. SOFRONOFF, QC, Solicitor‑General of the State of Queensland:   May it please the Court, I appear with my learned friend, MR G.J.D. DEL VILLAR for the first defendant.  I understand there is a submitting appearance for the second defendant.  (instructed by Crown Solicitor (Qld))

HIS HONOUR:   Mr El Hage.

MR EL HAGE:   Your Honour, I am pleased to say that the parties have agreed to some orders.  Does your Honour have the proposed orders that are outlined at paragraph 17 of the written submissions filed on behalf of the plaintiffs?

HIS HONOUR:   Yes.

MR EL HAGE:   Just before I go to those, your Honour, can I give your Honour a description of what the parties propose to do.  In effect the parties wish to have a go at drafting a special case and provide a set of orders for that to happen, in other words for the plaintiffs to provide the first defendant with a proposed special case.  In turn, the first defendant will consider its position, provide a response one way or another and then the matter will come back to the Court, subject to the Court’s convenience.

HIS HONOUR:   The only matter of the Court’s convenience is ascertaining as soon as we can whether or not this is a matter which is going to require a trial to find facts.

MR EL HAGE:   Indeed, your Honour, and the process – to account for that the parties wish to embark on the process whereby we prepare a draft special case and the first defendant will then consider whether or not, having regard to the draft, the matter can proceed without a need for a trial as to the facts.

HIS HONOUR:   All right.

MR EL HAGE:   Your Honour, just going to the directions at paragraph 17, I would ask your Honour to insert in paragraph (a) “28 March 2014”.  That would be the date by which the first defendant has to provide its defence.  Then in paragraph (b) I would ask your Honour to insert the date “28 April 2014”.  That will be the date by which my clients have to file a reply, if any.  In paragraph (c) I would ask your Honour to also insert the date “28 April 2014”, being the date by which we have to serve a draft special case or proposed special case.  In paragraph (d) I would ask that your Honour change that to read “The first defendant to serve upon the plaintiffs its response to the draft special case on or before 29 May 2014”.

HIS HONOUR:   Sorry, that date again.

MR EL HAGE:   29 May 2014.  I would ask that your Honour strike through paragraph (e) and I would ask that your Honour set the matter down for further directions on a date soon after 29 May convenient to this Court.

HIS HONOUR:   Right.  We might make that 5 June.  Is that satisfactory to everyone?

MR SOFRONOFF:   Thank you, your Honour.

MR EL HAGE:   Thank you, your Honour.

HIS HONOUR:   Costs are reserved?

MR EL HAGE:   Costs reserved, your Honour.

HIS HONOUR:   Mr Solicitor.

MR SOFRONOFF:   Those are agreed, your Honour.

HIS HONOUR:   Very well.  I direct that:

1.The first defendant file and serve a defence to the statement of claim on or before 28 March 2014.

2.The plaintiffs serve any reply to the defences on or before 28 April 2014.

3.The plaintiffs serve upon the first defendant a draft special case on or before 28 April 2014.

4.The first defendant serve upon the plaintiffs its response to the draft special case on or before 29 May 2014.

5.The proceedings be listed for further directions on 5 June 2014.

6.There be liberty to apply to a Justice on three days’ written notice.

7.Costs reserved.

MR EL HAGE:   Thank you, your Honour.

MR SOFRONOFF:   Thank you, your Honour.

HIS HONOUR:   Thank you very much, gentlemen.  Adjourn the Court.

AT 9.38 AM THE MATTER WAS ADJOURNED