Cahill v Construction Forestry Mining and Energy Union [2006] FCA 196

FEDERAL COURT OF AUSTRALIA

Cahill v Construction Forestry Mining and Energy Union [2006] FCA 196 INDUSTRIAL RELATIONS – application for interlocutory injunction – Building and Construction Industry Improvement Act 2005 (Cth), ss 38, 43 – trade union alleged to have prevented cranes from accessing construction site – whether serious question to be tried – balance of convenience – scope of injunction – interlocutory relief granted Building and Construction Industry Improvement Act 2005 (Cth), ss 38, 43, 48, s 48(2), s 49(3)(a), 49(6)(b) 57 and s 76 Evidence Act 1995 (Cth), s 75 Workplace Relations Act 1996 (Cth), s 170MB Patrick Stevedores Operations No 2 Proprietary Limited v Maritime Union of Australia (1998) 195 CLR 1 Mobileworld Operating Pty Ltd v Telstra Corporation Ltd [2005] FCA 1365 Bullock v The Federated Furnishing Trades Society of Australasia (No 1) (1985) 5 FCR 464 CHRIS CAHILL v CONSTRUCTION FORESTRY MINING AND ENERGY UNION AND BOB MATES VID 198 OF 2006 KENNY J 10 MARCH 2006 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 198 OF 2006

BETWEEN: CHRIS CAHILL

APPLICANT

AND: CONSTRUCTION FORESTRY MINING AND ENERGY UNION

FIRST RESPONDENT

BOB MATES

SECOND RESPONDENT

JUDGE: KENNY J

DATE OF ORDER: 10 MARCH 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS: 1. Until the hearing and determination of this proceeding or until further order, the first respondent, whether by its officers, employees, agents or whoever otherwise, be restrained from advising, encouraging, inciting or preventing Independent Cranes or its staff, or any other crane operator or its staff, from attending or providing a crane or cranes or their services at the construction site at 90-100 Mount Street, Heidelberg in Victoria ("the site"). 2. Until the hearing and determination of this proceeding or until further order, the first respondent, whether by its officers, employees, agents or whoever otherwise, be restrained from: (a) organising, encouraging, assisting or participating in a picket line at the entry or exit points of the site; and (b) impeding, hindering or preventing the entry or exit of persons or vehicles to and from the site. 3. Service of this order be permitted on the first respondent by serving an original or copy by facsimile transmission marked to the attention of the Legal Officer (C & G) Emma Walters, on facsimile number (03) 9341 3427.