John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union [2011] FCA 770

FEDERAL COURT OF AUSTRALIA

John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union [2011] FCA 770 Citation: John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union [2011] FCA 770

Parties: JOHN HOLLAND PTY LTD (ACN 004 282 268) v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, AUTOMOTIVE, FOOD METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION, AUSTRALIAN WORKERS UNION and AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER (Intervener)

File number(s): QUD 63 of 2009

Judge: GREENWOOD J

Date of judgment: 8 July 2011

Catchwords: INDUSTRIAL LAW – consideration of whether the respondents engaged in conduct in contravention of s 767 and s 768 of the Workplace Relations Act (1996) (Cth)

Legislation: Workplace Relations Act (1996) (Cth): ss 767(1), 768(1) and (2), 736, 760, 763

Cases cited: Construction, Forestry, Mining and Energy Union v John Holland Pty Ltd [2010] FCAFC 90 – cited and quoted John Holland Pty Ltd v Construction Forestry Mining and Electrical Union [2009] FCA 786 - cited John Holland Pty Ltd v Construction Forestry Mining and Electrical Union (No. 2) [2009] FCA 865 - cited John Holland Pty Ltd v Construction Forestry Mining and Electrical Union [2010] FCA 834 - cited Pine v Doyle [2005] FCA 977; (2005) 143 IR 98 – cited and quoted Schubert v Lee (1946) 71 CLR 589 - cited Leonard v Morris (1975) 10 SASR 528 - cited Curran v Thomas Borthwicks & Sons (1990) 26 FCR 241 – cited and quoted Briginshaw v Briginshaw (1938) 60 CLR 336 – cited