United Group Resources Pty Ltd ABN 17 114 888 201 v Calabro [2010] FCA 22

United Group Resources Pty Ltd ABN 17 114 888 201 v Calabro [2010] FCA 22

The Court granted short-term interim injunctive relief because there was an arguable case that the respondents were engaging in unlawful industrial action under the Building and Construction Industry Improvement Act 2005 (Cth), the evidence showed disruption to the Pluto LNG Project and severe financial loss, damages would not be an adequate remedy, and the balance of convenience favoured interim restraints requiring a return to work and preventing interference with others returning to work.

Jurisdiction
Australia
Judgment Date
29 January 2010
Procedural Posture
Industrial Law Proceeding Seeking Interim Injunctive Relief Against Alleged Unlawful Industrial Action / Urgent Application for Interim Injunction
Outcome
Interim injunction granted.
Legal Topics
['interim Injunction' 'unlawful Industrial Action' 'contravention of Fair Work Australia Order' 'balance of Convenience' 'undertaking as to Damages']
['industrial Law' 'fair Work' 'building and Construction Industry Regulation'] ['interim Injunction' 'unlawful Industrial Action' 'contravention of Fair Work Australia Order' 'balance of Convenience' 'undertaking as to Damages']

Case Brief

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Procedural Posture

Industrial Law Proceeding Seeking Interim Injunctive Relief Against Alleged Unlawful Industrial Action / Urgent Application for Interim Injunction

Legal Issues

  1. 1 ['Whether the Court had jurisdiction under the Building and Construction Industry Improvement Act 2005 (Cth) to grant interim injunctive relief restraining alleged unlawful industrial action.' 'Whether there was an arguable case that the respondents were engaging in unlawful industrial action under the Building and Construction Industry Improvement Act 2005 (Cth) and industrial action contrary to the Fair Work Act 2009 (Cth).' 'Whether the balance of convenience favoured the grant of short-term interim relief.']

Ratio Decidendi

The Court granted short-term interim injunctive relief because there was an arguable case that the respondents were engaging in unlawful industrial action under the Building and Construction Industry Improvement Act 2005 (Cth), the evidence showed disruption to the Pluto LNG Project and severe financial loss, damages would not be an adequate remedy, and the balance of convenience favoured interim restraints requiring a return to work and preventing interference with others returning to work.

Court Disposition

Interim injunction granted.

Orders

  • ['Upon the applicants giving the usual undertaking as to damages, until 5.00 pm on 5 February 2010, pursuant to s 39 and/or s 49(1)(c) of the Building and Construction Industry Improvement Act 2005 (Cth), each respondent was restrained from engaging in, being a party to, associated with or involved in specified...