B.M.D Constructions Pty Ltd v Construction, Forestry and Maritime Employees Union [2024] FCA 528

B.M.D Constructions Pty Ltd v Construction, Forestry and Maritime Employees Union [2024] FCA 528

The applicant established a prima facie case on affidavits and audiovisual evidence, disclosing at least interim entitlement to the injunctive relief sought. The balance of convenience overwhelmingly favours granting interlocutory relief, as damages would not be adequate given the significance of the project and public interest in its timely completion. Orders were appropriately tailored to maintain the status quo, allowing for notification and further submissions before a full hearing.

Parties
Applicant: B.M.D Constructions Pty Ltd; First Respondent: Construction, Forestry and Maritime Employees Union; Second Respondent: Dylan Howard; Third Respondent: Hayden Turner-Davey; Fourth Respondent: Jamie Porter; Fifth Respondent: Dean Mattas; Sixth Respondent: Eben Cox; Seventh Respondent: Matthew Vonhoff; Eighth Respondent: Dean Rielly; Ninth Respondent: Hoani Edwards; Tenth Respondent: Jade Ingham; Eleventh Respondent: Trevor Sinclair; Twelfth Respondent: Joshua Thompson
Jurisdiction
Australia
Judgment Date
15 May 2024
Procedural Posture
Application for Interim Injunctive Relief and Related Civil Penalties / Interlocutory (urgent Interim Relief Sought and Granted)
Outcome
Interim interlocutory injunctive relief granted (on urgent basis), with further management directions; costs reserved.
Legal Topics
Interlocutory Injunctions, Union Right of Entry, Obstruction of Construction Work, Workplace Health and Safety, Balance of Convenience, Prima Facie Case
Industrial Law Practice and Procedure Interlocutory Injunctions Union Right of Entry Obstruction of Construction Work Workplace Health and Safety Balance of Convenience Prima Facie Case

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Parties

B.M.D Constructions Pty Ltd

Applicant

Construction, Forestry and Maritime Employees Union

First Respondent

Dylan Howard

Second Respondent

Hayden Turner-Davey

Third Respondent

Jamie Porter

Fourth Respondent

Dean Mattas

Fifth Respondent

Eben Cox

Sixth Respondent

Matthew Vonhoff

Seventh Respondent

Dean Rielly

Eighth Respondent

Hoani Edwards

Ninth Respondent

Jade Ingham

Tenth Respondent

Trevor Sinclair

Eleventh Respondent

Joshua Thompson

Twelfth Respondent

Procedural Posture

Application for Interim Injunctive Relief and Related Civil Penalties / Interlocutory (urgent Interim Relief Sought and Granted)

Legal Issues

  1. 1 Whether the applicant established a prima facie case for injunctive relief against respondents for obstructing and impeding access to a construction site under the Fair Work Act 2009 (Cth) and related legislation
  2. 2 Whether the balance of convenience favoured granting injunctive relief
  3. 3 Whether the right of entry by union officials without a visitor induction was lawful and/or reasonable

Ratio Decidendi

The applicant established a prima facie case on affidavits and audiovisual evidence, disclosing at least interim entitlement to the injunctive relief sought. The balance of convenience overwhelmingly favours granting interlocutory relief, as damages would not be adequate given the significance of the project and public interest in its timely completion. Orders were appropriately tailored to maintain the status quo, allowing for notification and further submissions before a full hearing.

Court Disposition

Interim interlocutory injunctive relief granted (on urgent basis), with further management directions; costs reserved.

Orders

  • Respondents prohibited from physically obstructing or impeding access to the project site or points of entry.
  • Notification and communication obligations imposed on the Union regarding existence and terms of the order.