Federal Court of Australia
Federal Court of Australia
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v CPB Contractors Pty Ltd [2020] FCA 1598 File number: QUD 260 of 2020
Judgment of: LOGAN J
Date of judgment: 18 August 2020
Catchwords: EMPLOYMENT AND INDUSTRIAL RELATIONS – application for urgent interlocutory injunctive relief – whether to grant interlocutory relief is the balance of convenience – alleged insufficient details of alleged contravention provided in notice of entry – whether there existed a reasonable suspicion for the engaging of a right of entry – whether a notice of entry intrudes upon whether or not entry may occur – whether inadequacy of the notice of entry can destroy the existence of a reasonable suspicion – Part 3-4, Fair Work Act 2009 (Cth)
Legislation: Building and Construction Industry (Improving Productivity) Act 2016 (Cth) Fair Work Act 2009 (Cth) ss 480, 512 Fair Work (Registered Organisations) Act 2009 (Cth) Work Health and Safety Act 2011 (Qld) ss 19, 117, 119, 134 Work Health and Safety Regulation 2011 (Qld) regs 27, 28 40 Code for the Tendering and Performance of Building Work 2016 (Cth)
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Inner City South State Secondary College Case) [2020] FCA 1147 Australian Building and Construction Commissioner v Powell (2017) 251 FCR 470 Ramsay v Menso (2018) 260 FCR 506
Division: Fair Work Division
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