John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (No 4) [2011] FCA 618

FEDERAL COURT OF AUSTRALIA

John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (No 4) [2011] FCA 618 Citation: John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (No 4) [2011] FCA 618

Parties: JOHN HOLLAND PTY LTD (ACN 004 282 268) v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION KNOWN AS THE AUSTRALIAN MANUFACTURING WORKERS' UNION, TROY SMART, GRAHAM PALLOT and SHANE O'REILLY

File number: WAD 53 of 2010

Judge: BARKER J

Date of judgment: 3 June 2011

Catchwords: INDUSTRIAL LAW – no case to answer submission by first respondent – alleged contravention of s 38 of the Building and Construction Industry Improvement Act 2005 (Cth) - evidence – unlawful industrial action

Legislation: Building and Construction Industry Improvement Act 2005 (Cth) s 5, s 36, s 37, s 38, s 48 Fair Work (Registered Organisations) Act 2009 (Cth) s 27 Workplace Relations Act 1996 (Cth) s 347

Cases cited: Australian Building & Construction Commissioner v Construction, Forestry, Mining and Energy Union [2009] FCA 1092 Australian Building & Construction Commissioner v Construction, Forestry, Mining and Energy Union [2010] FCA 784; (2010) 187 FCR 293; (2010) 198 IR 255 Cruse v CFMEU & Anor [2009] FMCA 236 HA Bachrach Pty Ltd v Minister for Housing (1994) 85 LGERA 134 Hummerstone v Leary [1921] 2 KB 664 J-Corp Pty Ltd v The Australian Builders Labourers Federated Union of Workers - Western Australia Branch (1992) 111 ALR 377 Menzies v Australian Iron and Steel Limited (1952) 52 SR (NSW) 62 Stevenson v Barham (1977) 136 CLR 190