Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 5) [2012] FCA 1144

FEDERAL COURT OF AUSTRALIA

Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 5) [2012] FCA 1144 Citation: Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 5) [2012] FCA 1144

Parties: LEND LEASE PROJECT MANAGEMENT & CONSTRUCTION (AUSTRALIA) PTY LTD v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION & ORS LEND LEASE PROJECT MANAGEMENT & CONSTRUCTION (AUSTRALIA) PTY LTD v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION DIRECTOR, FAIR WORK BUILDING INDUSTRY INSPECTORATE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION & ORS

File number(s): QUD 79 of 2011 QUD 110 of 2011 QUD 126 of 2011

Judge: COLLIER J

Date of judgment: 19 October 2012

Catchwords: INDUSTRIAL LAW – industrial conflict between contractor and unions on major construction projects – two applications commenced against unions and individual members of unions by principal contractor – further application commenced against unions by Director, Fair Work Building Industry Inspectorate – respondents admitted unlawful industrial action in breach of ss 36(1), 37 and 38 Building and Construction Industry Improvement Act 2005 (Cth) – agreement of parties as to facts, injunctive relief, imposition of penalties on respondents and quantum of penalties – admission of significant effect on projects and significant loss and damage suffered by principal contractor – undertakings offered by respondents to refrain from further industrial action – whether Court should give effect to agreement – principles relevant to imposition by Court of agreed penalties