BGC Contracting Pty Ltd v The Construction Forestry Mining and Energy Union of Workers [2004] FCA 569

FEDERAL COURT OF AUSTRALIA

BGC Contracting Pty Ltd v The Construction Forestry Mining

and Energy Union of Workers [2004] FCA 569

BGC CONTRACTING PTY LTD & ORS v THE CONSTRUCTION FORESTRY MINING & ENERGY UNION OF WORKERS

W38 of 2004

CARR J

7 MAY 2004

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W38 OF 2004

BETWEEN: BGC CONTRACTING PTY LTD

APPLICANT

AND: SHAMROCK HOLDINGS PTY LTD

SECOND APPLICANT

SNC-LAVALIN (SA) INC

THIRD APPLICANT

THE CONSTRUCTION FORESTRY MINING & ENERGY UNION OF WORKERS

RESPONDENT

JUDGE: CARR J

DATE OF ORDER: 7 MAY 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. Until the hearing of this application or until further order, the respondent, whether by its officers or authorised representatives, be restrained from exercising, or purporting to exercise any right of entry to the site known as the Ammonia Plant Construction Project on the Burrup Peninsula, Karratha, in the State of Western Australia for the purposes of holding discussions with employees of the first or second applicants or for the other purposes referred to in s 49I of the Industrial Relations Act 1979 (WA) in relation to those employees or their employment. 2. Until the hearing of this application or until further order, the respondent, whether by its officers or authorised representatives, be restrained from taking any further steps in proceedings number CR13 of 2004 in the Western Australian Industrial Relations Commission in relation to costs or otherwise. 3. The costs of the application for continuing interlocutory relief be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA