Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Eco Recyclers Pty Ltd [2013] FCA 24 Citation: Construction, Forestry, Mining and Energy Union v Eco Recyclers Pty Ltd [2013] FCA 24
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v ECO RECYCLERS PTY LTD (ACN 061 987 862), MCCORKELL CONSTRUCTIONS PTY LTD (ACN 094 764 584), STATE OF VICTORIA and FAIR WORK COMMISSION
File number: VID 10 of 2013
Judge: BROMBERG J
Date of judgment: 24 January 2013
Catchwords: INDUSTRIAL LAW – application for interlocutory relief – ss 340 and 343 of Fair Work Act 2009 (Cth) – claim that contractor is refusing or threatening to refuse to engage or use a sub-contractor in contravention of s 340(1) ('adverse action') and s 343 ('coercion'); 'adverse action' and 'coercion' claim based on conduct alleged to be motivated by the non-conformity of sub-contractor's enterprise agreement with a Code and Guidelines for the Victoria building and construction industry issued by the Victorian Government – whether serious issue to be tried – whether balance of convenience favours the grant of orders restraining contractor and State of Victoria – whether balance of convenience favours restraining the Fair Work Commission from determining the sub-contractor's application to vary the enterprise agreement.
Legislation: Fair Work Act 2009 (Cth) ss 186, 208, 211, 340, 341, 342, 343, 361, 545, 550 Project Development and Construction Management Act 1994 (Vic) s 3
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as The Australian Manufacturing Workers' Union (AMWU) v McCain Foods (Aust) Pty Ltd [2012] FCA 1126 Bullock v The Federated Furnishing Trades Society of Australasia (No 1) (1985) 5 FCR 464 Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2012] FCA 563 Construction, Forestry, Mining and Energy Union v Downer EDI Engineering Power Pty Ltd [2012] FCA 661 Construction, Forestry, Mining and Energy Union v Pilbara Iron Company (Services) Pty Ltd (No 3) [2012] FCA 697 Greater Dandenong City Council v Australian Municipal, Administrative, Clerical and Services Union (2001) 112 FCR 232 Independent Education Union of Australia v Australian International Academy of Education Inc [2012] FCA 1512 Patrick Stevedores v Maritime Union of Australia (1998) 195 CLR 1 Police Federation of Australia v Nixon (2008) 168 FCR 340
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