Brookfield Multiplex FSH Contractor Pty Ltd v McDonald [2013] FCA 153

Brookfield Multiplex FSH Contractor Pty Ltd v McDonald [2013] FCA 153

The applicants made out a reasonably strong prima facie case of breach of s 417 of the Fair Work Act 2009 (Cth) by the CFMEU through the conduct of McDonald, justifying interim injunctive relief to prevent further breaches and industrial action until final determination or further order.

Jurisdiction
Australia
Judgment Date
15 February 2013
Procedural Posture
Application for Interim Injunctive Relief / Interlocutory Application
Outcome
Interim injunctive relief granted against the first and third respondents; costs reserved.
Legal Topics
['interim Injunctions' 'breach of Enterprise Agreement' 'industrial Action' 'fair Work Act 2009 (cth)']
['industrial Law'] ['interim Injunctions' 'breach of Enterprise Agreement' 'industrial Action' 'fair Work Act 2009 (cth)']

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Procedural Posture

Application for Interim Injunctive Relief / Interlocutory Application

Legal Issues

  1. 1 ['Whether interim injunctive relief should be granted under s 545 of the Fair Work Act 2009 (Cth)' 'Whether there is a strong prima facie case of breach of s 417 of the Fair Work Act 2009 (Cth) by the CFMEU or its officers']

Ratio Decidendi

The applicants made out a reasonably strong prima facie case of breach of s 417 of the Fair Work Act 2009 (Cth) by the CFMEU through the conduct of McDonald, justifying interim injunctive relief to prevent further breaches and industrial action until final determination or further order.

Court Disposition

Interim injunctive relief granted against the first and third respondents; costs reserved.

Orders

  • ['Time for service of application abridged pursuant to Rule 1.39 of the Federal Court Rules 2011 (Cth).' 'Until the hearing and determination of the proceeding or further order, Joseph McDonald and Construction, Forestry, Mining and Energy Union (and those acting with them) restrained from: attending within 100...