Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Woodside Energy Ltd v McDonald [2003] FCA 69
INDUSTRIAL LAW – injunctions – interlocutory orders sought restraining leaseholder of major project site in north of Western Australia and employers (being contractors carrying out civil engineering works on site) from refusing entry of officers of a particular union to premises – whether serious questions to be tried – assessment of the balance of convenience – discretionary considerations. Workplace Relations Act 1996 (Cth), ss 170LB(1), 170LL, 170LY(1)(b), 170LZ(1),(2), 285B, 285C, 285D(2) Industrial Relations Act 1979 (WA), ss 49H, 49I, 83E Australian Securities and Investments Commission v Edensor Nominees Pty Ltd (2001) 204 CLR 559 applied OD Transport Pty Ltd v Western Australian Government Railways Commission (1986) 13 FCR 270 referred to Australian Paper Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (1998) 81 IR 15 referred to Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 followed Construction, Forestry, Mining and Energy Union v CSR Limited [2000] FCA 1203 referred to Australian Tramway Employes Association v Prahran and Malvern Tramway Trust (1913) 17 CLR 680 referred to The Queen v Findlay; Ex parte The Commonwealth Steamship Owners' Association (1953) 90 CLR 621 referred to The Queen v Booth; Ex parte Administrative and Clerical Officers' Association (1978) 141 CLR 257 referred to
WOODSIDE ENERGY LIMITED v JOSEPH McDONALD, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS and CBI CONSTRUCTORS PTY LTD
W311 of 2002
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION & ANR v WOODSIDE ENERGY LIMITED & ORS
W346 of 2002
CARR J 12 FEBRUARY 2003 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
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