Construction, Forestry, Mining & Energy Union v Multiplex Constructions Pty Ltd [2000] FCA 101

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining & Energy Union v Multiplex Constructions [2000] FCA 101

INDUSTRIAL LAW – Interlocutory relief – injunction sought by applicant to restrain the respondent companies from allegedly continuing to contravene s170NC(1) of the Workplace Relations Act 1996 (Cth) – serious issue to be tried – whether action taken with intent to coerce the applicant with respect to a certified agreement – whether action taken by union members is "protected action" within the meaning of s170ML of the Act – balance of convenience. Workplace Relations Act 1996 (Cth) ss 127, 166A, 170MJ, 170MK, 170MI 170ML, 170MM, 170MO, 170MW, 170NC, 170NG, s170MT Davids Distribution Pty Ltd v National Union of Workers (1999) 165 ALR 550, applied

Australian Workers' Union v Yallourn Energy Pty Ltd [2000] FCA 65, followed

Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 153 ALR 641, referred to

Bullock v The Federated Furnishing Trades Society of Australasia (No 1) (1985) 5 FCR 464, applied

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v MULTIPLEX CONSTRUCTIONS PTY LTD & ORS V 52 of 2000 MARSHALL J 14 FEBRUARY 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V52 OF 2000

BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENGERGY UNION

APPLICANT

AND: MULTIPLEX CONSTRUCTIONS PTY LTD

FIRST RESPONDENT

BAULDERSTONE HORNIBROOK PTY LTD

SECOND RESPONDENT

THEISS CONSTRACTORS PTY LTD

THIRD RESPONDENT

WALTER CONSTRUCTIONS GROUP LIMITED

FOURTH RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 14 FEBRUARY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

Until the hearing and determination of the application or further order and upon the applicant giving the usual undertaking as to damages, the respondents by themselves, their servants or agents – 1. Refrain from taking any further step in the proceeding commenced by them in the Supreme Court of Victoria against the applicant, being proceeding number 4237 of 2000 ("the Supreme Court action"), insofar as the Supreme Court action deals with or concerns any issue concerning any industrial action taken by those employees of sub-contractors of the respondents who are members of CFMEU ("the employees"). 2. Refrain from commencing any proceedings, other than in the Australian Industrial Relations Commission, in relation to matters referred to in paragraph 1 of the Indorsement of Claim in the Supreme Court action which deals with or concerns any industrial action taken by the employees. And it is further ordered that: - 3. The directions hearing in the application be adjourned to 10.15 am on 6 March 2000. 4. There be liberty to apply on not less than 48 hours written notice to each other party. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.