Corkill v Construction, Forestry, Mining and Energy Union [1996] IRCA 110

DECISION NO: 110/96 INDUSTRIAL LAW - REGISTERED ORGANISATION - Application for DEREGISTRATION by non-member of the organisation - Allegation that the organisation "has engaged in industrial action that has had, is having and is likely to have a substantial adverse effect on the safety, health and welfare" of the applicant - Complaint of threats of violence by officers of organisation against persons protesting about logging activities - Delay in logging caused by presence of protesters in the forests - Whether evidence revealed "industrial action" as defined by s.4 of the Industrial Relations Act - Making of threats is not "industrial activity" because it is not a performance of work in a manner different from that in which it is customarily performed - Delay cannot adversely affect safety, health or welfare of community or part of the community. PRACTICE - Application for summary dismissal of proceeding - Application granted as proceeding must fail COSTS - Proceeding instituted without reasonable cause - Costs order made. Industrial Relations Act 1988, ss.4, 294 and 347. JOHN ROBERT CORKILL v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION NO. NI.4744 of 1995 CORAM: WILCOX CJ PLACE: SYDNEY DATE: 7 MARCH 1996

IN THE INDUSTRIAL RELATIONS COURT) OF AUSTRALIA ) No. NI 4744 of 1995 NEW SOUTH WALES DISTRICT REGISTRY) BETWEEN: JOHN ROBERT CORKILL Applicant AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION Respondent CORAM: WILCOX CJ PLACE: SYDNEY DATE: 7 MARCH 1996 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The application filed by the applicant, John Robert Corkill, on 6 December 1995, as amended, be dismissed. 2. The applicant pay the costs of the respondent, Construction, Forestry, Mining and Energy Union. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.