John Holland Pty Ltd (ACN 004 282 268) v Construction, Forestry, Mining and Energy Union [2009] FCA 786

John Holland Pty Ltd (ACN 004 282 268) v Construction, Forestry, Mining and Energy Union [2009] FCA 786

The Workplace Expansion Agreement applies, via Appendix 1, to the work performed under Contract Q08-004 at the X50 work site as part of PCQ’s X50 Expansion project. As a result, union officials from unions not party to the Agreement (other than AWU) have no right of entry under s 760 of the Act, and their purported entries and representations were made without reasonable basis and amounted to contraventions of ss 767(1) (hindering/obstruction) and 768(1) (misrepresentation) of the Act on 13 February and 5 March 2009.

Jurisdiction
Australia
Judgment Date
24 July 2009
Procedural Posture
Civil (industrial Law) / Trial Judgment, Interlocutory/final Orders
Outcome
Declarations granted in favour of John Holland (Applicant in QUD63/2009); Application in QUD66/2009 dismissed; further hearing listed for scope of relief/costs.
Legal Topics
['workplace Agreement Coverage' 'right of Entry – Union Officials' 'civil Penalty Provisions – Industrial Relations' 'interpretation of Industrial Agreements']
['industrial Law' 'employment Law'] ['workplace Agreement Coverage' 'right of Entry – Union Officials' 'civil Penalty Provisions – Industrial Relations' 'interpretation of Industrial Agreements']

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Procedural Posture

Civil (industrial Law) / Trial Judgment, Interlocutory/final Orders

Legal Issues

  1. 1 ['Whether the Workplace Expansion Agreement covers work at the X50 work site under the X50 Expansion project for the purposes of the Workplace Relations Act 1996 (Cth)' 'Whether union officials had a valid right of entry under s 760 of the Act to the X50 work site' 'Whether conduct by union officials amounted to intentional hindering or obstruction under s 767(1) of the Act' 'Whether union officials engaged in misrepresentation about right of entry under s 768(1) of the Act' 'Whether John Holland breached ss 767(3) or 767(7) of the Act' 'Whether industrial action was threatened for purposes of s 39(1) of the Building and Construction Industry Improvement Act 2005 (Cth)']

Ratio Decidendi

The Workplace Expansion Agreement applies, via Appendix 1, to the work performed under Contract Q08-004 at the X50 work site as part of PCQ’s X50 Expansion project. As a result, union officials from unions not party to the Agreement (other than AWU) have no right of entry under s 760 of the Act, and their purported entries and representations were made without reasonable basis and amounted to contraventions of ss 767(1) (hindering/obstruction) and 768(1) (misrepresentation) of the Act on 13 February and 5 March 2009.

Court Disposition

Declarations granted in favour of John Holland (Applicant in QUD63/2009); Application in QUD66/2009 dismissed; further hearing listed for scope of relief/costs.

Orders

  • ['Proceeding QUD63 of 2009 listed for further argument in relation to scope of relief and formal orders.' 'Proceeding QUD66 of 2009 to be listed with QUD63 of 2009 for hearing of further argument on disposition of costs.' 'Costs of QUD63 of 2009 reserved.' 'Application in QUD66 of 2009 dismissed; costs reserved.']