Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (No 2) [2017] FCA 565

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (No 2) [2017] FCA 565

Given the resolution of the underlying dispute, cessation of industrial action, and prejudice caused to CFMEU by maintaining the restraints, as well as lack of demonstrated utility, the interlocutory orders should be vacated.

Parties
Applicant: Australian Building and Construction Commissioner; First Respondent: Construction, Forestry, Mining and Energy Union; Second Respondent: Matthew Parfitt; Third Respondent: Justin Steele; Fourth Respondent: Kurt Pauls; Fifth Respondent: Edward Bland; Sixth Respondent: Antonio Floro; Seventh Respondent: Anthony Stott; Eighth Respondent: Michael Davis
Jurisdiction
Australia
Judgment Date
22 May 2017
Procedural Posture
Civil / Interlocutory Application to Vacate Injunction
Outcome
Orders 1, 2 and 3 of 14 October 2016 vacated.
Legal Topics
Interlocutory Injunctions, Vacation of Court Orders, Industrial Action, Resolution of Dispute
Employment & Industrial Relations Interlocutory Injunctions Vacation of Court Orders Industrial Action Resolution of Dispute

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Australian Building and Construction Commissioner

Applicant

Construction, Forestry, Mining and Energy Union

First Respondent

Matthew Parfitt

Second Respondent

Justin Steele

Third Respondent

Kurt Pauls

Fourth Respondent

Edward Bland

Fifth Respondent

Antonio Floro

Sixth Respondent

Anthony Stott

Seventh Respondent

Michael Davis

Eighth Respondent

Procedural Posture

Civil / Interlocutory Application to Vacate Injunction

Legal Issues

  1. 1 Whether interlocutory injunction restraining industrial action should be vacated given resolution of underlying dispute
  2. 2 Balance of convenience regarding continued operation of injunction

Ratio Decidendi

Given the resolution of the underlying dispute, cessation of industrial action, and prejudice caused to CFMEU by maintaining the restraints, as well as lack of demonstrated utility, the interlocutory orders should be vacated.

Court Disposition

Orders 1, 2 and 3 of 14 October 2016 vacated.

Orders

  • Orders 1, 2 and 3 made 14 October 2016 be vacated.