Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union [2011] FCA 387

FEDERAL COURT OF AUSTRALIA

Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union [2011] FCA 387 Citation: Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union [2011] FCA 387

Parties: LEND LEASE PROJECT MANAGEMENT & CONSTRUCTION (AUSTRALIA) PTY LTD v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION - CONSTRUCTION AND GENERAL DIVISION - QUEENSLAND CONSTRUCTION WORKERS DIVISIONAL BRANCH, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION - CONSTRUCTION AND GENERAL DIVISION, QUEENSLAND BUILDERS' LABOURERS DIVISIONAL BRANCH, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, INDUSTRIAL UNION OF EMPLOYEES, QUEENSLAND, COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, ELECTRICAL, ENERGY AND SERVICES DIVISION - QUEENSLAND DIVISIONAL BRANCH and AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER

File number: QUD 79 of 2011

Judge: LOGAN J

Date of judgment: 13 April 2011

Catchwords: INDUSTRIAL LAW – interim injunction – serious question to be tried – balance of convenience – where industrial action pursued in contravention of the Fair Work Australia order – where applicant sought an injunction to enforce order as an interested party under the Fair Work Act 2009 (Cth) – where there was likelihood of further industrial action – where project was of significance to the State of Queensland – where responsibility for industrial action rested on respondents – interim injunction issued against first, fourth and fifth respondents