Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 6) [2012] FCA 1273

FEDERAL COURT OF AUSTRALIA

Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 6) [2012] FCA 1273 Citation: Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 6) [2012] FCA 1273

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 numbers: QUD 79 of 2011 QUD 110 of 2011 QUD 126 of 2011

Judge: COLLIER J

Date of judgment: 16 November 2012

Catchwords: INDUSTRIAL LAW – contraventions of Building and Construction Industry Improvement Act 2005 (Cth) admitted by respondents – previous breaches of orders of Fair Work Australia – interlocutory injunction previously granted pursuant to Fair Work Act 2009 (Cth) s 421(3) and Building and Construction Industry Improvement Act 2005 (Cth) s 39 – agreement as to penalty, declarations, injunctions and security for compliance PRACTICE AND PROCEDURE – interlocutory injunction previously granted pending trial or "other earlier order" – settlement of substantive proceedings by parties – agreement of parties to continuation and disposition of interlocutory injunction – necessity for Court order to dispose of interlocutory injunction – whether Court has jurisdiction to make orders continuing and disposing of interlocutory injunction on terms agreed – repeal of sections of Building and Construction Industry Improvement Act 2005 (Cth) of which contraventions admitted and in respect of which interlocutory injunction previously granted – decision in Construction, Forestry, Mining and Energy Union v Abigroup Contractors Pty Ltd [2012] FCA 1134 – whether changed circumstances such that interlocutory injunction should be disturbed – application of Building and Construction Industry Improvement Amendment (Transition to Fair Work) Act 2012 (Cth) and Building and Construction Industry Improvement Amendment (Transition to Fair Work) Regulation 2012 (Cth) – whether necessary for Building and Construction Industry Improvement Act 2005 (Cth) to continue in force to allow the proceeding to be dealt with – whether Fair Work Act 2009 (Cth) a separate statutory basis for injunctive relief agreed by parties – whether Court should exercise discretion to grant injunctive relief – consideration of factors relevant to granting relief sought – cessation of unlawful action – degree of likelihood that conduct will occur – repeated unlawful conduct – scope of injunctive relief – essential part of settlement between parties – bank guarantee as security for compliance with injunctive relief