CASE PROCEDURES – stay order – s.505 Fair Work Act 2009 – application by CFMEUQ Applicants to stay or adjourn proceedings in connection with application by Geofabrics to deal with right of entry dispute – Geofabrics also applied to QIRC to deal with dispute – whether commencement and maintenance of Commission proceeding an abuse of process [Tomlinson v Ramsay, Sterling Pharmaceuticals v The Boots Company (Aust), Bella Products v Creative Designs] – underlying controversy concerned WHS right of entry and right of entry under s.484 of the Act – QIRC proceeding concerned dispute about the exercise by a WHS entry permit holder of a right of entry – QIRC cannot resolve controversy concerning the operation of Part 3-4 of the Act – Commission found proceedings raised undesirable possibility of two tribunals competing to make factual findings about the same allegations – resolution of FWC proceeding may deal with the totality of the dispute – application for stay or adjournment dismissed. Geofabrics Australasia P/L v Construction, Forestry, Maritime, Mining and Energy Union and Ors
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