INDUSTRIAL LAW - interlocutory application contesting the jurisdiction of the Court to make a declaration as to the meaning of a clause of an Enterprise Agreement (the EA) - where a dispute as to the interpretation of the clause was arbitrated by the Fair Work Commission (FWC) - whether the justiciable controversy between the parties has been extinguished by the arbitration and, as a result, the Court lacks jurisdiction - where an arbitration by the FWC pursuant to the EA and the Fair Work Act 2009 (Cth) is a private arbitration - whether by the terms of the EA the FWC had jurisdiction to conduct the arbitration - whether by the terms of the EA a union party was authorised to initiate and participate in the arbitration in its own capacity as party principal - whether the union initiated the arbitration on behalf of relevantly aggrieved employees - whether the applicant is estopped from asserting that the FWC had no jurisdiction - whether the applicants Originating Application is an abuse of process - Originating Application stayed.
PRACTICE AND PROCEDURE - interlocutory application under r 13.01 of the Federal Court Rules 2011 (Cth) to have the applicants Originating Application set aside - whether compliance with r 13.01(3) should be dispensed with - whether the applicants Originating Application is an abuse of process as an attempt to re litigate the dispute resolved by private arbitration.
ESTOPPEL - by conduct - where the applicant by its conduct represented that the factual conditions giving jurisdiction to the FWC were satisfied - whether the applicant is estopped from asserting facts inconsistent with the representation made.
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