CFMEU v Master Builders' Association of Victoria (No 1) [2000] FCA 168

CFMEU v Master Builders' Association of Victoria (No 1) [2000] FCA 168

The Court declined to grant immediate interlocutory injunctive relief because the s 166A notice expressly excluded protected action, so there was no serious question to be tried that the respondents were threatening proceedings in respect of protected action. Although there was a serious question to be tried that the proposed proceedings might involve action with intent to coerce the Union in relation to making an agreement, that case was weak, the precise proposed proceeding was not yet known, and the balance of convenience did not favour an injunction where the fourth to ninth respondents undertook to give 72 hours' written notice and a draft statement of claim before commencing tort...

Jurisdiction
Australia
Judgment Date
25 February 2000
Procedural Posture
Industrial Relations Proceeding Seeking Declaratory, Injunctive, Compensation and Damages Relief / Interlocutory Application for Injunctions Restraining the Fourth to Ninth Respondents From Commencing Legal Proceedings Against the Applicant, Its Officers, Employees and Members Pending Final Hearing
Outcome
Application for interlocutory injunctions against the fourth to ninth respondents adjourned sine die with liberty to restore; costs reserved, after undertakings were given.
Legal Topics
['interlocutory Injunction' 'protected Industrial Action' 'anti Suit Injunction' 'certified Agreements' 'bargaining Period' 'section 166 a Certificate' 'coercion in Agreement Making' 'balance of Convenience']
['industrial Relations' 'civil Procedure' 'equity'] ['interlocutory Injunction' 'protected Industrial Action' 'anti Suit Injunction' 'certified Agreements' 'bargaining Period' 'section 166 a Certificate' 'coercion in Agreement Making' 'balance of Convenience']

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Procedural Posture

Industrial Relations Proceeding Seeking Declaratory, Injunctive, Compensation and Damages Relief / Interlocutory Application for Injunctions Restraining the Fourth to Ninth Respondents From Commencing Legal Proceedings Against the Applicant, Its Officers, Employees and Members Pending Final Hearing

Legal Issues

  1. 1 ['Whether there was a serious question to be tried that the fourth to ninth respondents threatened or proposed to commence proceedings in respect of protected action.' 'Whether there was a serious question to be tried that the proposed tort proceeding constituted action taken with intent to coerce the Union not to make a certified agreement of the kind it sought.' 'Whether the balance of convenience favoured interlocutory injunctive relief restraining commencement of tort proceedings.']

Ratio Decidendi

The Court declined to grant immediate interlocutory injunctive relief because the s 166A notice expressly excluded protected action, so there was no serious question to be tried that the respondents were threatening proceedings in respect of protected action. Although there was a serious question to be tried that the proposed proceedings might involve action with intent to coerce the Union in relation to making an agreement, that case was weak, the precise proposed proceeding was not yet known, and the balance of convenience did not favour an injunction where the fourth to ninth respondents undertook to give 72 hours' written notice and a draft statement of claim before commencing tort...

Court Disposition

Application for interlocutory injunctions against the fourth to ninth respondents adjourned sine die with liberty to restore; costs reserved, after undertakings were given.

Orders

  • ['Upon the applicant undertaking to submit to such order as the Court may consider just for payment of compensation to any person adversely affected by the interlocutory undertaking or its continuation, and to pay that compensation.' "Upon the fourth to ninth respondents undertaking that, pending hearing and...