B.M.D Constructions Pty Ltd v Construction, Forestry and Maritime Employees Union (No 2) [2024] FCA 569

FEDERAL COURT OF AUSTRALIA

B.M.D Constructions Pty Ltd v Construction, Forestry and Maritime Employees Union (No 2) [2024] FCA 569 File number: QUD 245 of 2024

Judgment of: LOGAN J

Date of judgment: 23 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 interlocutory 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 Court listed short second return date to determine continuation of injunctive relief – where respondents only made submissions against the continuation of injunctive relief mandating the completion of a visitor induction process upon accessing the site – whether applicant had still demonstrated a prima facie case – whether balance of convenience favoured the granting of injunctive relief – relief granted on interlocutory basis until final hearing and determination or further earlier order

Legislation: Fair Work Act 2009 (Cth) ss 499, 500, 539, 545 Work Health and Safety Act 2011 (Qld) ss 117, 118, 119, 128