Construction Forestry Mining & Energy Union v CSR Limited / tas CSR Humes [2000] FCA 1203

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v CSR Limited t/as CSR Humes [2000] FCA 1203

INDUSTRIAL LAW – one union excluded from negotiations regarding the certification of a new enterprise agreement – the union traditionally representing the relevant employees included in negotiation – claim of discrimination – whether discrimination against employees

INJUNCTIONS – interlocutory orders sought restraining employer from refusing entry of officers of a particular union to premises, from inducing employees not to be members of the union, and from certifying a proposed enterprise agreement negotiated without reference to the union – power of the Court to grant injunctions in disputes under the Workplace Relations Act 1996 (Cth) – whether the Court is required to assess the strength of the applicant's case – whether there must be "strong grounds" to suppose that the respondent is violating the Act – balance of convenience test – relevance of recent nature of union's interest in the particular workplace – relevance of third party interests in the certification of the agreement – relevance of industrial status quo

INDUSTRIAL LAW – Registered Organisations – Union rules – Eligibility – rules to be construed liberally rather than narrowly or technically

INDUSTRIAL LAW – right of entry to premises by registered organisation – whether failure to involve union in negotiations for certified agreement constituted a breach of the Workplace Relations Act 1996 (Cth) – whether discrimination against union members in negotiation process – whether inducement to cease membership of union

INDUSTRIAL LAW – alleged discrimination between employees in negotiating certified agreement on the basis of membership of registered organisation – whether role of registered organisations in resolution of disputes and grievances a ground of discrimination – distinction between the terms of an agreement and the process by which an agreement is negotiated – role of the Commission in the determination of disputes under s 170NB – whether the rights of third parties would be affected by an injunction – whether an obligation on CSR to enter into an agreement with every organisation with which it could make an agreement – relevance of industrial status quo Workplace Relations Act 1996 (Cth) Federal Court of Australia Act 1976 (Cth) American Cyanamid Co v Ethicon Ltd [1975] AC 396, followed Trade Practices Commission v Santos Limited (1992) 38 FCR 382 (FC), followed Castlemaine Tooheys Ltd v South Australia (1986) 60 ALJR 679, cited Australian Rugby Union Ltd v Hospitality Group Pty Ltd [1999] FCA 1136, cited Patrick Stevedores Operations No 2 Proprietary Limited v Maritime Union of Australia (1998) 195 CLR 1, discussed BHP Iron Ore Pty Ltd v Australian Workers' Union (2000) 171 ALR 680, considered Attorney-General and Lumley v TS Gill & Son Pty Ltd [1926] VLR 414, distinguished Rescrete Industries Pty Ltd v Jones (1998) 86 IR 269, followed R v Cohen; Ex parte Motor Accidents Insurance Board (1979) 141 CLR 577, cited National Tertiary Education Industry Union v University of Technology, Sydney [2000] FCA 874, cited Re CSL Enterprise Agreement 1999 (Full Bench of Industrial Relations Commission, 5 June 2000), cited Re Telstra Retail Shops Agreement 1998 (Industrial Relations Commission, Duncan DP, 9 September 1998), cited CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v CSR LIMITED t/as CSR HUMES N 848 of 2000 BRANSON J SYDNEY 28 AUGUST 2000