BHP Steel (AIS) Pty Ltd v Construction, Forestry, Minining & Energy Union [2000] FCA 1614

FEDERAL COURT OF AUSTRALIA

BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining & Energy Union [2000] FCA 1614

WORKPLACE RELATIONS – order by Australian Industrial Relations Commission that industrial action stop or not occur – whether order, which applied for a period of two months, was only in respect of current dispute or could also apply to a later national dispute. WORKPLACE RELATIONS – collateral challenge as to the validity of the order open to the respondent – order not invalid by failure to identify time and date by which conduct ordered was to be done – use of the adverb "immediately" sufficiently certain – positive expression to perform work is tantamount to negative stipulation to cease industrial action –order that respondent supply a copy of order to employees within power to give incidental directions. WORKPLACE RELATIONS – respondent failed to supply a copy of the order to employees – respondent failed to take steps to ensure the employees complied with the order. Workplace Relations Act 1996 (Cth) s 127, s 178, s 143(1) O'Toole v Charles David Pty Ltd (1991) 171 CLR 232 Ousley v The Queen (1997) 192 CLR 69 The Attorney-General (Cth) v Breckler (1999) 197 CLR 83 Dorsman v Nichol (1978) 20 ALR 231 Measures v McFadyen (1910) 11 CLR 723 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v A G Coombs Fire Protection (1998) 87 IR 110 Phillip Morris Incorporated v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57 Australasian Meat Industry Employees' Union v Meneling Station Pty Ltd (1986) 16 IR 245 Microsoft Corporation v Marks (1996) 139 ALR 99 Australian Industry Group v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2000] FCA 629 Hillingdon London Borough Council v Cutler [1968] 1 QB 124 The Queen v Kelly; Ex part Berman (1953) 89 CLR 608 Attorney-General v Walthamstow Urban District Council (1895) 11 TLR 533 The Macquarie Dictionary, 2nd ed., 1991 Halsbury's Laws of England, 4th ed. (Reissue) BHP STEEL (AIS) PTY LIMITED V CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION N 150 OF 2000 JUDGE: BEAUMONT J DATE: 21 NOVEMBER 2000 PLACE: SYDNEY