Temple v Powell [2008] FCA 714

FEDERAL COURT OF AUSTRALIA

Temple v Powell [2008] FCA 714 INDUSTRIAL RELATIONS – unauthorized industrial action – breach of dispute resolution agreement – appropriate penalties – declaratory relief – retrospective application of the Building and Construction Industry Improvement Act 2005 (Cth) Workplace Relations Act 1996 (Cth)ss 170MN, 170ND, 179, 349(2)(a) Building and Construction Industry Improvement Act 2005 (Cth)ss 2, 36, 37, 38, 48, 49, 57, 75 Industrial Relations Act 1979 (WA) Crimes Act 1900 (NSW) Building and Construction Industry Improvement Bill 2005 cll 73, 74 Leighton Contractors Pty Ltd v Construction, Forestry, Mining and Energy Union(2006) 164 IR 375 considered In re A Solicitor's Clerk [1957] 1 WLR 1219considered La Macchia v Minister for Primary Industries (1986) 72 ALR 23considered The Commonwealth v SCI Operations (1998) 192 CLR 285considered Coleman v Shell Company of Australia (1943) 45 SRNSW 27considered Giorgianni v The Queen (1985) 156 CLR 473not followed Credit Lyonnais Bank Nederland NV v Export Credit Guarantee Department [1998] 1 Lloyd's Rep 19applied Credit Lyonnais Bank Nederland NV v Export Credit Guarantee Department [2000] 1 AC 486 cited Thompson v Australian Capital Television Pty Ltd (1996) 186 CLR 574discussed The "Koursk" [1924] P 140 considered Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Laing (1998) 89 FCR 17considered Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72followed Cruse v CFMEU [2007] FMCA 1873considered Australian Competition and Consumer Commissioner v CFMEU [2007] ATPR 42-140 MARK TEMPLE v MICHAEL POWELL, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS, JOSEPH MCDONALD and CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION