Turner, Paul v Australasian Coal and Shale Employees Federation and Elcom Colleries Pty Ltd

[1983] FCA 308

Re: PAUL TURNER
And: THE AUSTRALASIAN COAL AND SHALE EMPLOYEES FEDERATION AND ELCOM COLLIERIES
PTY. LIMITED
No. 24 of 1983
Practice and procedure

COURT

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES REGISTRY
INDUSTRIAL DIVISION
Beaumont J.

CATCHWORDS

Practice and procedure - Jurisdiction of Federal Court to deal with non-federal claim against second respondent - Industrial law - Applicant offered employment by second respondent subject to his achieving clearance or membership of the first respondent - Declaration sought under s.144 that applicant entitled to be enrolled as member of the first respondent - Application to join second respondent as party to proceedings - Declaration sought against second respondent that applicant employed within meaning of s.144 - Order sought to restrain second respondent from terminating employment - Question of employment of applicant by second respondent central part of controversy between applicant and first respondent - Accrued jurisdiction of Federal Court considered - Formula of "common transactions and facts" applied.

Conciliation and Arbitration Act, 1904-1983 ss.144(1), 144(3), 144(5), 144(5A), 144(6) and 144(7)

HEARING

SYDNEY

#DATE 31:10:1983

ORDER

1. Application of the second respondent to be dismissed from these proceedings is refused.

2. Costs reserved.

3. Fix Monday, 7 November, 1983 at 2.15 p.m. for a further directions hearing.

JUDGE1

This matter was heard with matter No. 14 of 1983. For the reasons given in that matter, I would refuse the application of the second respondent to be dismissed from the proceedings. I will reserve costs at this stage. I fix Monday, 7 November, 1983 at 2.15 p.m. for a further directions hearing in the matter.