Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union [2013] FCA 615 Citation: John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union [2013] FCA 615
Parties: JOHN HOLLAND PTY LTD v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, MICK BUCHAN, JOSEPH MCDONALD, MATTHEW WATERS, SEAMUS BYRNE, RAY MCMURRICH, MATT BLADE, PETER JOSHUA and STEVE MCCANN
File number: WAD 133 of 2013
Judge: BARKER J
Date of judgment: 3 May 2013
Catchwords: INDUSTRIAL LAW – application for interlocutory injunctive relief – allegations of contraventions of ss 417(1) and 421(1) Fair Work Act 2009 (Cth) and tort of nuisance – whether prima facie case – where balance of convenience lies
Legislation: Fair Work Act 2009 (Cth) s 12, s 19(1), s 417(1), s 417(4), s 418(1), s 420(2), s 421(1), s 421(3)(a)
Cases cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Integrated Maintenance Services Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2003] FCA 760 Transfield Construction Pty Ltd v Automotive Food, Metal, Engineering, Printing and Kindred Industries Union [2002] FCA 1413 Victorian Hospitals' Industrial Association v Australian Nursing Federation [2012] FCA 149
Date of hearing: 3 May 2013
Place: Perth
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 34
Counsel for the Applicant: Mr S Davies SC and Mr D Parker
Solicitor for the Applicant: Ashurst Australia
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