Baulderstone Qld Pty Ltd v Construction, Forestry, Mining and Energy Union [2012] FCA 520

Baulderstone Qld Pty Ltd v Construction, Forestry, Mining and Energy Union [2012] FCA 520

There is a prima facie case that the first respondent, through its conduct by seeking support from subcontractors' employees and expressing concern for the safety of those remaining, aided, abetted, counselled or procured a ban, limitation, or restriction on building work in a manner falling within ss 38 or 44 of the Building and Construction Industry Improvement Act 2005 (Cth), justifying extension of injunctive relief. The balance of convenience also favours continuation of the orders against the first respondent. The case against the second respondent is less clear and the interim injunction against it should be discharged.

Parties
Applicant: Baulderstone Qld Pty Ltd; First Respondent: Construction, Forestry, Mining and Energy Union; Second Respondent: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union
Jurisdiction
Australia
Judgment Date
27 April 2012
Procedural Posture
Application for Interlocutory (interim) Injunctive Relief / Interlocutory Hearing; Decision Regarding Continuation and Variation of Interim Injunction Pending Trial
Outcome
Interim injunctive relief extended against first respondent; interim injunction discharged as against second respondent; liberty to apply; costs reserved.
Legal Topics
Interlocutory Injunctions, Unlawful Industrial Action, Building and Construction Industry, Freedom of Speech in Industrial Context
Employment Law Industrial Law Interlocutory Injunctions Unlawful Industrial Action Building and Construction Industry Freedom of Speech in Industrial Context

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 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Baulderstone Qld Pty Ltd

Applicant

Construction, Forestry, Mining and Energy Union

First Respondent

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union

Second Respondent

Procedural Posture

Application for Interlocutory (interim) Injunctive Relief / Interlocutory Hearing; Decision Regarding Continuation and Variation of Interim Injunction Pending Trial

Legal Issues

  1. 1 Whether the respondents aided, abetted, counselled or procured unlawful industrial action by subcontractors' employees in breach of the Building and Construction Industry Improvement Act 2005 (Cth)
  2. 2 Whether evidence supported a prima facie case against each respondent justifying extension of injunctive relief
  3. 3 Balance of convenience and free speech concerns relevant to injunctive orders

Ratio Decidendi

There is a prima facie case that the first respondent, through its conduct by seeking support from subcontractors' employees and expressing concern for the safety of those remaining, aided, abetted, counselled or procured a ban, limitation, or restriction on building work in a manner falling within ss 38 or 44 of the Building and Construction Industry Improvement Act 2005 (Cth), justifying extension of injunctive relief. The balance of convenience also favours continuation of the orders against the first respondent. The case against the second respondent is less clear and the interim injunction against it should be discharged.

Court Disposition

Interim injunctive relief extended against first respondent; interim injunction discharged as against second respondent; liberty to apply; costs reserved.

Orders

  • Until the hearing and determination of the proceeding, or further order, the first respondent is restrained from aiding, abetting, counselling or procuring any ban, limitation, or restriction on the performance of building work at specified sites by non-applicant employees, any failure to attend or perform such...
  • Liberty to apply.