United Group Resources Pty Ltd ABN 17 114 888 201 v Calabro (No 3) [2010] FCA 115

United Group Resources Pty Ltd ABN 17 114 888 201 v Calabro (No 3) [2010] FCA 115

Because the respondents had ample notice of the hearing and did not appear, substantial additional affidavit material supported the earlier reasons for injunctive relief and an inference of a real risk of significant industrial unrest if lawful work obligations or negotiation and mediation ceased, and because early trial dates, mediation programming and liberty to apply were available, the Court held that the status quo should be preserved by extending the injunctive restraints until trial or further order.

Jurisdiction
Australia
Judgment Date
18 February 2010
Procedural Posture
Industrial Law Proceeding Concerning Alleged Unlawful Industrial Action / Application for Interlocutory Injunction Extending Existing Injunctions Until Trial
Outcome
Interlocutory injunction granted until trial or further order; further directions hearing listed; liberty to apply granted; costs reserved.
Legal Topics
['interim Injunction' 'extension of Interim Injunction' 'unlawful Industrial Action' 'building Work on the Pluto LNG Project' 'preservation of the Status Quo' 'mediation and Negotiation']
['industrial Law' 'employment Law' 'civil Procedure'] ['interim Injunction' 'extension of Interim Injunction' 'unlawful Industrial Action' 'building Work on the Pluto LNG Project' 'preservation of the Status Quo' 'mediation and Negotiation']

Case Brief

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Procedural Posture

Industrial Law Proceeding Concerning Alleged Unlawful Industrial Action / Application for Interlocutory Injunction Extending Existing Injunctions Until Trial

Legal Issues

  1. 1 ['Whether the existing injunctive restraints should be extended until trial.' 'Whether the evidence showed a real risk of industrial unrest if the restraints and ongoing negotiations or mediation ceased.' 'Whether the discretionary considerations, including notice to respondents, compliance with existing orders, early trial dates, liberty to apply and mediation directions, supported interlocutory relief.']

Ratio Decidendi

Because the respondents had ample notice of the hearing and did not appear, substantial additional affidavit material supported the earlier reasons for injunctive relief and an inference of a real risk of significant industrial unrest if lawful work obligations or negotiation and mediation ceased, and because early trial dates, mediation programming and liberty to apply were available, the Court held that the status quo should be preserved by extending the injunctive restraints until trial or further order.

Court Disposition

Interlocutory injunction granted until trial or further order; further directions hearing listed; liberty to apply granted; costs reserved.

Orders

  • ['Upon the applicants giving the usual undertaking as to damages, and subject to further directions on 25 February 2010 regarding early trial and mediation, until trial or further order pursuant to s 39 and/or s 49(1)(c) of the Building and Construction Industry Improvement Act 2005 (Cth), each respondent is...