CFMEU v Mirvac Constructions Pty Ltd [2000] FCA 341

FEDERAL COURT OF AUSTRALIA

CFMEU v Mirvac Constructions Pty Ltd [2000] FCA 341

INDUSTRIAL LAW - application for interlocutory relief including anti-suit injunction - action in Supreme Court against union for damages and other relief - whether in respect of protected action - whether instituted without certificate under s 166A of Workplace Relations Act 1996 (Cth) - whether respondents have taken or threatened action in contravention of s 170NC - principles applicable to grant of relief - balance of convenience and other discretionary considerations. Workplace Relations Act 1996 (Cth) ss 166A, 170MI, 170MO, 170MR, 170MT, 170NC Construction Forestry Mining and Energy Union v Multiplex Constructions Pty Ltd [2000] FCA 101 Australian Workers' Union v Yallourn Energy [2000] FCA 65 CFMEU v Master Builders' Association of Victoria (No 1) [2000] FCA 168 Sankey v Whitlam (1978) 142 CLR 1 CSR Ltd v Cigna Insurance Australia Ltd (1997) 189 CLR 345 Transport Workers Union v Lee (1998) 84 FCR 60

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

v MIRVAC CONSTRUCTIONS PTY LTD (ACN 003 353 713),

CDK TECTONICS LIMITED (ACN 053 688 065)

and CONSTRUCTION ENGINEERING (AUST) PTY LTD (ACN 005 490 773)

V 80 of 2000

RYAN J MELBOURNE 24 MARCH 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V80 OF 2000

BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

APPLICANT

AND: MIRVAC CONSTRUCTIONS PTY LTD (ACN 003 353 713)

FIRST RESPONDENT

CDK TECTONICS LIMITED (ACN 053 688 065)

SECOND RESPONDENT

CONSTRUCTION ENGINEERING (AUST) PTY LTD (ACN 005 490 773)

THIRD RESPONDENT

JUDGE: RYAN J

DATE OF ORDER: 24 MARCH 2000

WHERE MADE: MELBOURNE

UPON THE APPLICANT ("the CFMEU") by its Counsel undertaking to the Court: (a) to submit to such order (if any) as the Court may consider to be just for the payment of compensation to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory undertaking or any continuation (with or without variation) thereof; and (b) to pay the compensation referred to in (a) to the person there referred to; AND UPON THE RESPONDENTS by their Counsel undertaking to the Court: THAT the respondents and each of them will not, pending the hearing and determination of the application herein: (c) file a statement of claim or take any other step in the Supreme Court proceedings No 4373 of 2000; (d) other than an application for interim or interlocutory relief institute any other proceedings in any court against the CFMEU or any of its officers, employees or members in respect of any industrial action against, or affecting, the respondents or any of them which has been, or may hereafter be, taken or threatened by the CFMEU its officers, employees or members; without giving the CFMEU at least seventy-two hours notice in writing of the step to be taken in Supreme Court proceedings No 4373 of 2000 or the institution of such other proceedings, such notice to be accompanied by a draft of the statement of claim to be filed in Supreme Court proceedings No 4373 of 2000 or, if one has been prepared, in the proposed other proceedings; IT IS ORDERED THAT: 1. The directions hearing herein be adjourned to 26 April 2000 at 10.15 am; 2. Liberty be reserved to any party to apply on not less than 48 hours notice in writing to the other parties. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.