Duffy v Construction, Forestry, Mining & Energy Union [2008] FCA 1804

FEDERAL COURT OF AUSTRALIA

Duffy v Construction, Forestry, Mining & Energy Union [2008] FCA 1804

INDUSTRIAL LAW – whether union engaged in unlawful industrial action within the meaning of s 38 of the Building and Construction Industry Improvement Act 2005 (Cth) - whether union imposed a ban on the performance of work at the construction site – whether the bans constituted a restriction on the performance of work in accordance with the relevant Award INDUSTRIAL LAW – whether union threatened to take action against a construction company with intent to coerce the company to employ a building employee – whether there was a threat – whether there was intent to coerce – no negation of choice therefore no intent to coerce Building and Construction Industry Improvement Act 2005 (Cth) ss 36(1), 38, 43(1) Evidence Act 1995 (Cth) ss 63, 128 Cruse v Construction, Forestry, Mining & Energy Union [2008] FCA 1267, followed Cahill v Construction, Forestry, Mining and Energy Union (No 2) [2008] FCA 1292, followed Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia (2001) 109 FCR 378, followed TERRY DUFFY v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

VID 687 of 2007

MARSHALL J

28 november 2008

sydney (HEARD IN MELBOURNE)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 687 of 2007

BETWEEN: TERRY DUFFY

Applicant

AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 28 NOVEMBER 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application is adjourned to a directions hearing to be held at 10.15 am on 19 December 2008.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA