Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Inner City South State Secondary College Case) [2020] FCA 1147

Federal Court of Australia

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Inner City South State Secondary College Case) [2020] FCA 1147 File number: QUD 235 of 2020

Judgment of: LOGAN J

Date of judgment: 4 August 2020

Catchwords: EMPLOYMENT AND INDUSTRIAL RELATIONS – application for urgent interlocutory injunctive relief – whether the applicant has a prima facie case – whether to grant interlocutory injunctive relief is the balance of convenience – alleged workplace bullying by head contractor's project manager of subcontractor's employees – whether imminent threat – whether consultation as provided for in enterprise agreements had occurred – investigation into alleged bullying in progress under State Work Health and Safety Legislation in progress – alleged unlawful coercion of head contractor to redeploy project manager – Building and Construction Industry (Improving Productivity) Act 2016 (Cth) s 46 and s 52 – project for completion by start of first term 2021 of major State educational facility – role of public interest in balance of convenience – role of trade unions in relation to accident prevention – need for unions to follow processes in enterprise agreements re workplace health and safety threats – interlocutory injunctive relief to prevent coercion by collective withdrawal of labour granted PRACTICE AND PROCEDURE – where the national office of the first respondent, the Construction, Forestry, Maritime, Mining and Energy Union (the Union) is located in Melbourne which is currently subject to "stage 4" public health restrictions – whether personal service in accordance with r 41.07 of the Federal Court Rules 2011 (Cth) may be dispensed with in respect of the Union