Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (No 5) [2011] FCA 1023 Citation: John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (No 5) [2011] FCA 1023
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: 31 August 2011
Catchwords: INDUSTRIAL LAW - unlawful industrial action - whether contravention of s 38 of the Building and Construction Industry Improvement Act 2005 (Cth) - unlawful industrial action not established by the applicant
Legislation: Building and Construction Industry Improvement Act 2005 (Cth) s 36, s 37, s 38, s 48 Fair Work (Registered Organisations) Act 2009 (Cth) s 27
Cases cited: Australian Building & Construction Commissioner v Construction, Forestry, Mining and Energy Union [2010] FCA 784; (2010) 187 FCR 293; (2010) 198 IR 255 John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (No 4) [2011] FCA 618
Date of hearing: 23-26 May 2011, 1 June 2011 and 2-4 August 2011
Date of last submissions: 29 August 2011
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