John Holland Pty Ltd (ACN 004 282 268) v Construction, Forestry, Mining and Energy Union [2009] FCA 786

FEDERAL COURT OF AUSTRALIA

John Holland Pty Ltd (ACN 004 282 268) v Construction, Forestry, Mining and Energy Union [2009] FCA 786 INDUSTRIAL LAW – consideration of an application for declarations and related relief in connection with a greenfield workplace agreement made between an employer and the Australian Workers' Union under the Workplace Relations Act 1996 (Cth) – consideration of whether the agreement covers work undertaken as part of an expansion of the Abbot Point Coal Terminal – consideration of whether permit holders under the Act had a right of entry to premises under s 760 of the Act INDUSTRIAL LAW – consideration of the elements of civil penalty provisions s 767(1) and 768(1) of the Act – consideration of the circumstances in which a permit holder may be taken to act intentionally for the purposes of s 767(1) – consideration of hindering and obstructing for the purposes of s 767(1) – consideration of whether "reasonable grounds" subsisted for a relevant belief for the purposes of s 768(1) of the Act Workplace Relations Act 1996 (Cth), ss 736, 737, 760, 767, 768 Fair Work Act 2009 (Cth) Fair Work (Registered Organisations) Act 2009 (Cth) Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) George A. Bond & Company Limited (in Liquidation) v McKenzie (1929) AR (NSW) 498 - cited City of Wanneroo v Holmes (1989) 30 IR 362 - cited Kucks v CSR Limited (1996) 66 IR 182 - cited Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Ardmona Foods Ltd (2006) 155 IR 211 - cited Ansett Australia Limited v Australian Licensed Aircraft Engineers' Association [2003] FCAFC 209 - cited United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board [2006] FCAFC 84 – cited Amcor Limited v Construction, Forestry, Mining & Energy Union [2005] HCA 10; (2005) 214 ALR 56; (2005) 222 CLR 241 - cited Briginshaw v Briginshaw (1938) 60 CLR 336 - cited Pine v Doyle (2005) 143 IR 98; [2005] FCA 977 - cited Standen v Feehan (2008) 175 IR 297 per Lander J; [2008] FCA 1009 - cited George v Rockett (1990) 93 ALR 483 - cited Rema Industries and Services Pty Ltd v Coad & Ors (1992) 107 ALR 374 - cited O'Reilly v State Bank of Victoria Commissioners (1982) 153 CLR 1 - cited Leonard v Morris (1975) 10 SASR 528 – cited