CBI Construction Pty Ltd v Abbott [2008] FCA 1629

FEDERAL COURT OF AUSTRALIA CBI Construction Pty Ltd v Abbott [2008] FCA 1629 INDUSTRIAL LAW – interlocutory injunction – respondents engaged in industrial action by failing to attend work without authorisation – continued to do so contrary to an order made by the Australian Industrial Relation Commission - threats made to continue to strike – consideration of terms used in the Building Construction Industry Improvement Act 2005 (Cth) - source of Courts power to grant injunctions – serious issue to be tried – effect on applicant of further industrial action significant – respondents returning to work is not a reason not to grant an injunction – other relevant considerations - balance of convenience strongly in favour of grant of injunction - injunction granted.

Building Construction Industry Improvement Act 2005 (Cth) s 3, 5, 36(1), 49(1), (3), (6) Building and Construction Industry Long Service Leave Payments Act 1974 (NSW) s 4 Federal Court of Australia Act 1976 (Cth) ss 23, 37, 38, 39 Income Tax Assessment Act 1997 (Cth) s 83-175 Trade Practices Act 1974 (Cth) s 80(4) ATO draft Ruling TR 2008/D6

Belgrave Nominees Pty Ltd & Ors v Barlin-Scott Airconditioning (Aust) Pty Ltd [1984] VR 947 cited Cahill v Construction Forestry Mining and Energy Union (No 2) [2008] FCA 1292 cited EPM Concrete Pty Ltd v Building and Construction Industry Long Service Leave Payments Corp (1985) 23 IR 430 referred to Davids Distribution Pty Ltd v National Union of Workers (1999) 91 FCR 463 cited Evans Marshall & Co Ltd v Bertola SA and Sherry Imports Ltd [1973] 1 WLR 349 cited ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 38 FCR 248 referred to John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (2005) 144 IR 418 referred to Johns v R (1980) 143 CLR 108 cited Kestrel Coal Pty Ltd v Construction, Forestry, Mining and Energy Union [2001] 1 Qd R 634 referred to Leighton Contractors Pty Ltd v Construction, Forestry, Mining and Energy Union (2006) 154 IR 228cited Leighton Contractors Pty Ltd v Construction, Forestry, Mining and Energy Union (2006) 149 IR 306cited Leighton Contractors Pty Ltd v Construction, Forestry, Mining and Energy Union (2006) 149 IR 299cited Patrick Stevedores Operations Pty Ltd v Maritime Union of Australia (1998) 82 IR 87 cited Reid v Smith (1905) 3 CLR 656 cited R v Thomson [1997] 1 Qd R 623 cited United Group Infrastructure Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2005) 148 IR 399 cited CBI CONSTRUCTORS PTY LTD (ACN 000 612 411)