BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining & Energy Union [2000] FCA 1853

FEDERAL COURT OF AUSTRALIA

BHP STEEL (AIS) PTY LTD v CONSTRUCTION, FORESTRY, MINING & ENERGY UNION [2000] FCA 1853 CONTEMPT - in respect of injunctive relief obtained by employer requiring the cessation of work stoppages by Union members - liability of Union for failure to effect prompt compliance by directing members to return to work - where Orders made ex parte in absence of Union representatives - circumstances surrounding communication of orders to Union officials and adequacy of response - relevance of different action taken by officials in the two states to which the Orders applied - responsibility of officials at different levels of Union hierarchy to effect compliance - observations on creditworthiness of Union's sole witness and inferences available in the context of failure to call other officials with relevant involvement. Workplace Relations Act 1996 s 127 Australian Industry Group v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union & Ors [2000] FCA 629 Discussed Concrete Constructions Pty Ltd v Plumbers & Gasfitters Employees' Union & Anor (1987) 15 FCR 64 Applied Australian Consolidated Press Ltd v Morgan (1965) 112 CLR 483 cited Jones v Dunkel (1959) 101 CLR 298 Applied Minister for Aboriginal & Torres Strait Islander Affairs v State of Western Australia (1996) 67 FCR 40 Cited Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 Cited Witham v Holloway (1995) 183 CLR 525 Cited Attorney-General for New South Wales v Mayas Pty Ltd (1988) 14 NSWLR 342 Cited Sun Newspapers Pty Ltd v Brisbane TV Ltd (1989) 92 ALR 535 Cited Windsurfing International Inc v Sailboards Australia Pty Ltd (1986) 19 FCR 110 Cited MacLeod v Australian Securities Commission, unreported, Full Court of the Federal Court of Australia, 13 August 1993 Cited BHP STEEL (AIS) PTY LTD v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION Q 9 OF 2000 KIEFEL J BRISBANE 15 DECEMBER 2000