Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Bruce Highway Caloundra to Sunshine Upgrade Case) [2018] FCA 553 File number: QUD 238 of 2018
Judge: COLLIER J
Date of judgment: 20 April 2018
Catchwords: PRACTICE AND PROCEDURE – urgent interlocutory injunction – alleged contraventions of the Fair Work Act 2009 (Cth) by union and union officials – serious question to be tried – balance of convenience INDUSTRIAL LAW – where union officials sought to enter site pursuant to rights under s 81(3) of the Workplace Health and Safety Act 2011 (Qld) – where union officials did not produce federal entry permits – whether Pt 3-4 Div 3 of the Fair Work Act 2009 (Cth) applies to entry under s 81 of the Workplace Health and Safety Act 2011 (Qld) – alleged contraventions of ss 494, 497 and 500 of the Fair Work Act 2009 (Cth)
Legislation: Building and Construction Industry (Improving Productivity) Act 2016 (Cth) s 117 Fair Work Act 2009 (Cth) Pt 3-4 Work Health and Safety Act 2011 (Qld) ss 81, 81(3)
Cases cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Australian Building and Construction Commissioner v Powell [2017] FCAFC 89; (2017) 251 FCR 470
Date of hearing: 19 April 2018
Registry: Queensland
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 24
Counsel for the Applicant: Mr MT Brady QC with Ms KE Slack
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