B.M.D Constructions Pty Ltd v Construction, Forestry and Maritime Employees Union [2024] FCA 528

FEDERAL COURT OF AUSTRALIA

B.M.D Constructions Pty Ltd v Construction, Forestry and Maritime Employees Union [2024] FCA 528 File number: QUD 245 of 2024

Judgment of: LOGAN J

Date of judgment: 15 May 2024

Catchwords: INDUSTRIAL LAW – where the applicant applies for declaratory relief, pecuniary penalties and compensation against the respondent union and its officials – where the applicant is a joint venturer in a major state infrastructure project to construct a highway bridge – where the respondents are alleged to have intentionally hindered or obstructed the performance of construction work in seeking to access the site under the Fair Work Act 2009 (Cth) and the Work Health and Safety Act 2011 (Qld) – where the respondents are alleged to have blockaded the site and prevented access by contractors during a concrete pour PRACTICE AND PROCEDURE – where the applicant applies for urgent interim injunctive relief to prohibit the respondents from physically obstructing or impeding access to the site and from accessing the site pursuant to a right of entry without completing a visitor induction – where application heard with 1 hours' notice – where individual respondents had not been served at time of hearing – whether applicant demonstrated a prima facie case – whether balance of convenience favoured the granting of injunctive relief – whether short return date appropriate – relief granted on interim basis

Legislation: Competition and Consumer Act 2010 (Cth) s 45 Evidence Act 1995 (Cth) s 144 Fair Work Act 2009 (Cth) s 494, 499, 500, 550, 793 Federal Court of Australia Act 1976 (Cth) s 23 Work Health and Safety Act 2011 (Qld) ss 117, 128