Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Downer EDI Engineering Power Pty Limited [2012] FCA 661 Citation: Construction, Forestry, Mining and Energy Union v Downer EDI Engineering Power Pty Limited [2012] FCA 661
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v DOWNER EDI ENGINEERING POWER PTY LIMITED
File number: QUD 231 of 2012
Judge: LOGAN J
Date of judgment: 9 May 2012
Catchwords: INDUSTRIAL LAW – continuation of interlocutory injunctive relief sought ex parte by union to restrain summary dismissal pending hearing and determination of substantive application – considerations pertaining to likelihood of success to justify preservation of status quo pending trial and balance of convenience considered – application for continuance of interlocutory injunctive relief refused
Legislation: Fair Work Act 2009 (Cth) ss 346, 347
Cases cited: American Cyanamid Co v Ethicon Ltd (1975) AC 396 considered Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 followed Beecham Group Limited v Bristol Laboratories Pty Limited (1968) 118 CLR 618 considered Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2011] FCA 971 applied Police Federation v Nixon (2008) 168 FCR 340 applied
Date of hearing: 9 May 2012
Place: Brisbane
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 22
Counsel for the Applicant: Mr M Plunkett
Solicitor for the Applicant: Hall Payne
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