ALDI Foods Pty Limited as General Partner of ALDI Stores (A Limited Partnership) v Transport Workers’ Union of Australia [2020] FCAFC 231 (22 December 2020) (Besanko, Bromberg and O’Bryan JJ)


Orders:


1. The appellant be granted an extension of time up to and including 17 June 2020 within which to file an application for leave to appeal, and leave to appeal.

2. The appeal be allowed.

3. The orders of the Court made on 18 May 2020 be set aside and the interlocutory application filed by the appellant on 9 April 2020 be remitted to the trial judge for reconsideration in accordance with the reasons of this Court.

4. The respondent pay the appellant’s costs of the appeal.

Note: Entry of orders is…