Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2009] FCA 1092

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2009] FCA 1092

A prima facie case exists that the respondents (CFMEU, McDonald, Buchan) were involved in or accessories to unlawful building industrial action under s 38 of the BCII Act; no reasonable or imminent health/safety basis for the industrial action was established on the evidence; balance of convenience clearly favours the grant of interlocutory injunctive relief.

Jurisdiction
Australia
Judgment Date
29 September 2009
Procedural Posture
Application for Interlocutory Injunction / Interlocutory (reasons for Judgment on Application)
Outcome
Interlocutory injunction to be granted against respondents; final orders deferred to allow respondents to be heard as to form.
Legal Topics
['interlocutory Injunctions' 'unlawful Industrial Action' 'building and Construction Industry Improvement Act' 'accessorial Liability Under Civil Penalty Provisions' 'balance of Convenience' 'health and Safety Exception in Industrial Action']
['industrial Law' 'employment Law'] ['interlocutory Injunctions' 'unlawful Industrial Action' 'building and Construction Industry Improvement Act' 'accessorial Liability Under Civil Penalty Provisions' 'balance of Convenience' 'health and Safety Exception in Industrial Action']

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory (reasons for Judgment on Application)

Legal Issues

  1. 1 ['Whether interlocutory injunction should be granted to restrain unlawful industrial action under s 38 of the Building Construction Industry Improvement Act 2005 (Cth)' "Whether the actions of employees constituted 'building industrial action' under s 36" 'Whether industrial action was based on reasonable health or safety concerns (s 36(1)(g)(i))' 'Application of accessorial liability to union officers under s 48(2)']

Ratio Decidendi

A prima facie case exists that the respondents (CFMEU, McDonald, Buchan) were involved in or accessories to unlawful building industrial action under s 38 of the BCII Act; no reasonable or imminent health/safety basis for the industrial action was established on the evidence; balance of convenience clearly favours the grant of interlocutory injunctive relief.

Court Disposition

Interlocutory injunction to be granted against respondents; final orders deferred to allow respondents to be heard as to form.

Orders

  • []