Director of Fair Work Building Industry Inspectorate v Cartledge [2014] FCA 311

FEDERAL COURT OF AUSTRALIA

Director of Fair Work Building Industry Inspectorate v Cartledge [2014] FCA 311 Citation: Director of Fair Work Building Industry Inspectorate v Cartledge [2014] FCA 311

Parties: DIRECTOR OF FAIR WORK BUILDING INDUSTRY INSPECTORATE v AARON CARTLEDGE, JIM O'CONNOR, BRENDON PITT, DAVID BOLTON, LUKE STEPHENSON and CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

File number: SAD 57 of 2014

Judge: MANSFIELD J

Date of judgment: 25 March 2014

Date of hearing: 25 March 2014

Place: Adelaide

Division: FAIR WORK DIVISION

Category: No catchwords

Number of paragraphs: 15

Counsel for the Applicant: IM Neil SC

Solicitor for the Applicant: Clayton Utz

Counsel for the Respondent: N Healy

Solicitor for the Respondent: Lieschke & Weatherill

IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY FAIR WORK DIVISION SAD 57 of 2014

BETWEEN: DIRECTOR OF FAIR WORK BUILDING INDUSTRY INSPECTORATE

Applicant

AND: AARON CARTLEDGE

First Respondent

JIM O'CONNOR

Second Respondent

BRENDAN PITT

Third Respondent

DAVID BOLTON

Fourth Respondent

LUKE STEPHENSON

Fifth Respondent

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

Sixth Respondent

JUDGE: MANSFIELD J DATE OF ORDER: 25 MARCH 2014 WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. Leave to the applicant to file and serve an amended originating application to seek such final injunctions as he may be advised under s 545(2)(a) of the Fair Work Act 2009 (Cth) within seven days. 2. Leave to the applicant to file and serve any further evidence by 2 April 2014. 3. Leave to the respondents to file and serve by 23 April 2014 such affidavits as they may be advised in response to affidavits relied upon by the applicant. 4. Leave to the applicant to file and serve such affidavits as he may be advised strictly in reply by 30 April 2014. 5. Adjourn the directions hearing to 4 pm Adelaide time on 5 May 2014. 6. Pursuant to rule 1.39 of the Federal Court Rules 2011 (Cth), the time for service of the originating documents upon the respondent is extended to 2 pm on 25 March 2014. 7. Liberty to apply. IN RELATION TO THE APPLICATION FOR AN INTERIM INJUNCTION, THE COURT ORDERS THAT: 8. Until further order, each of the first respondent, the second respondent, the third respondent, the fourth respondent, the fifth respondent, and any other organiser of the sixth respondent employed in its Construction and General Division, South Australian Divisional Branch, be restrained from attending the Hansen Yuncken Pty Ltd (Hansen Yuncken) project at 50 Flinders Street, Adelaide, or the project for the construction of the new Royal Adelaide Hospital in which Hansen Yuncken is engaged as a head contractor, unless they are lawfully exercising or seeking to exercise rights in accordance with Part 3-4 of the Fair Work Act 2009 (Cth). 9. Liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.