Laing v Construction, Forestry, Mining and Energy Union [2003] FCA 1018

FEDERAL COURT OF AUSTRALIA

Laing v Construction, Forestry, Mining and Energy Union [2003] FCA 1018

INDUSTRIAL LAW – application for interlocutory injunctions - union threats in relation to a contractor employing a particular sub-contractor – whether a serious issue to be tried as to whether the threats constitute "industrial or other action" by a person "with intent to coerce another person to agree" to making an enterprise bargaining agreement – whether balance of convenience favours the grant of interlocutory injunctions

Workplace Relations Act 1996 (Cth) s 170NC(1)

Seven Networks (Operations) Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (2001) 109 FCR 378 - applied National Tertiary Education Industry Union v Commonwealth of Australia (2002) 117 FCR 114 - considered Epitoma Pty Ltd v Australasian Meat Industry Employees' Union (1984) 54 ALR 730 – cited GTS Freight Management Pty Limited v Transport Workers Union of Australia (1990) 95 ALR 195 – cited WILLIAM LAING (An inspector appointed pursuant to section 84(2)(a) of the Workplace Relations Act 1996) v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION AND JOHN CUMMINS V895 OF 2003 MERKEL J 24 SEPTEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 895 OF 2003

BETWEEN: WILLIAM LAING

(An inspector appointed pursuant to section 84(2)(a) of the Workplace Relations Act 1996)

APPLICANT

AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

FIRST RESPONDENT

JOHN CUMMINS

SECOND RESPONDENT JUDGE: MERKEL J

DATE OF ORDER: 24 SEPTEMBER 2003

WHERE MADE: MELBOURNE

UPON THE APPLICANT (on the instructions of the Department of Employment and Workplace Relations, which has authorised him to give the following undertaking on behalf of the Commonwealth) by his counsel undertaking to the Court: (a) to submit to such other 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 orders or any continuation (with or without variation) thereof; and (b) to pay the compensation referred to in (a) to the person there referred to.