Broad Construction Services (WA) Pty Ltd v The Construction, Forestry, Mining and Energy Union of Workers [2005] FCA 613

FEDERAL COURT OF AUSTRALIA

Broad Construction Services (WA) Pty Ltd v The Construction, Forestry, Mining and Energy Union of Workers [2005] FCA 613 Trade Practices – threatened strike - secondary boycott – interim injunction INDUSTRIAL LAW – protected action F H Transport Pty Ltd v Transport and General Workers Union (1997) 75 FCR 480 Workplace Relations Act 1996 (Cth), s 170 Trade Practices Act 1974 (Cth), ss 45D, 45DD, 80, 82 Broad Construction Services (WA) Pty Ltd v The Construction, Forestry, Mining and Energy Union of Workers WAD 101 of 2005 SIOPIS J 9 MAY 2005 (Date of Order) 13 MAY 2005 (Publication of Reasons) PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 101 OF 2005

BETWEEN: BROAD CONSTRUCTION SERVICES (WA) PTY LTD

APPLICANT

AND: THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS

RESPONDENT

JUDGE: SIOPIS J

DATE OF ORDER: 9 MAY 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. Until 5 pm on 16 May 2005 or further order, the Respondent, its officers, employees, members or agents or otherwise howsoever be restrained from: (a) engaging in industrial action [as that term is defined in the Workplace Relations Act 1996 (Cth)] with employees working on the Swanview Re‑development Site in Como ("the Site"); and/or (b) directing and or causing, instructing, demanding or requesting that the employees working on the Site engage in such action. 2. By 5 pm on 10 May 2005 the Applicant apply for the matter to be listed before the Australian Industrial Relations Commission. 3. The Respondent to file and serve any affidavits by Friday, 13 May 2005 at 4 pm. 4. The matter be adjourned for further hearing to 10 am on 16 May 2005. 5. Costs be in the cause. Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.