Thiess Contractors Pty Ltd v Construction, Forestry, Mining & Energy Union & Ors [1998] FCA 1766

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW – application for interim injunction to restrain commencement of industrial action – whether Industrial Relations Commission has implied power to make urgent interim orders under s 170MW(1) Workplace Relations Act 1996 (Cth) ("the Act") to prevent harm that is likely to flow from industrial action in the period the Industrial Relations Commission needs to make decision on whether to make final orders restraining industrial action provided sufficient evidence exists to satisfy the Industrial Relations Commission on a provisional basis that one or other of the grounds in s 170MW(2) to (7) exist and provided sufficient evidence exists that serious harm will flow from a failure to make order. Workplace Relations Act 1996 (Cth) ss 4, 127, 150, 170MI, 170MN, 170MO, 170MT, 170MW THIESS CONTRACTORS PTY LTD v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION & ORS QG 141 of 1998 DRUMMOND J 5 NOVEMBER 1998 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 141 of 1998

BETWEEN: THIESS CONTRACTORS PTY LTD (ACN 010 221 486)

Applicant

AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

First Respondent

ALEX JACK OLIVER

Second Respondent

gary thomas suhle

third respondent

JUDGE: DRUMMOND J

DATE OF ORDER: 5/11/98

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The respondents and each of them, whether by themselves, their servants, or agents, or otherwise howsoever, be restrained from commencing industrial action at 6.00 am on Friday, 6 November 1998 against the applicant, or from taking any industrial action against the applicant during the period that Commissioner Holder's order of 5 November 1998 remains in operation, or until earlier order.

2. The costs of today are reserved.