Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining & Energy Union v Mirvac Constructions Pty Ltd [2000] FCA 159
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v MIRVAC CONSTRUCTIONS PTY LTD, CDK TECTONICS LTD AND CONSTRUCTION ENGINEERING (AUST) PTY LTD V 70 OF 2000 NORTH J 22 FEBRUARY 2000 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 70 OF 2000
BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
APPLICANT
AND: MIRVAC CONSTRUCTIONS PTY LTD
FIRST RESPONDENT
CDK TECTONICS LTD
SECOND RESPONDENT
CONSTRUCTION ENGINEERING (AUST) PTY LTD
THIRD RESPONDENT
JUDGE: NORTH J
DATE OF ORDER: 22 FEBRUARY 2000
WHERE MADE: MELBOURNE
Upon the undertaking of counsel for the Construction, Forestry, Mining and Energy Union to file and serve a notice of appeal and any other necessary incidental application within the time limited by the Rules;
THE COURT ORDERS THAT: Paragraphs 1 and 2 of the orders made by Beach J on 22 February 2000 are stayed until 4.30pm on 24 February 2000. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 70 OF 2000
BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
APPLICANT
AND: MIRVAC CONSTRUCTIONS PTY LTD
FIRST RESPONDENT
CDK TECTONICS LTD
SECOND RESPONDENT
CONSTRUCTION ENGINEERING (AUST) PTY LTD
THIRD RESPONDENT
JUDGE: NORTH J
DATE: 22 FEBRUARY 2000
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This is an application for a stay of certain orders made orally by the Construction, Forestry, Mining and Energy Union (the Union) in urgent circumstances. This morning at about 11:00 am in the Supreme Court Beach J made certain orders ex parte on the application of Mirvac Constructions Pty Ltd, CDK Tectonics Ltd and Construction Engineering (Aust) Pty Ltd (the respondents) as follows: "1. Until 4.30pm on 24 February 2000 or further Order, the Defendant [the Union] (whether by its officers, delegates, servants, agents or howsoever otherwise) be restrained from directing, procuring, advising, authorising and/or encouraging its members (otherwise than in the exercise of the rights which the Defendant has pursuant to Division 8 of Part VIB of the Workplace Relations Act 1996) not to perform the work which their contracts of employment (with any of the Plaintiffs or with any sub-contractor engaged on the Plaintiffs' sites) require them to perform. 2. The Defendant:
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