Construction, Forestry, Mining & Energy Union v Multiplex Constructions Pty Ltd [2000] FCA 101

Construction, Forestry, Mining & Energy Union v Multiplex Constructions Pty Ltd [2000] FCA 101

The Court granted interlocutory relief because there was a serious issue to be tried that the respondents' Supreme Court proceeding and threatened further proceedings concerning industrial action by CFMEU members employed by sub-contractors were action taken with intent to coerce CFMEU in the bargaining process contrary to s170NC(1), and there was also a serious issue whether that industrial action was protected action. The respondents' reliance on possible unprotected action did not remove those issues, and the balance of convenience strongly favoured CFMEU because continuation or threat of Supreme Court proceedings could irreparably damage its bargaining position, while the respondents...

Jurisdiction
Australia
Judgment Date
14 February 2000
Procedural Posture
Industrial Law Application for Interlocutory Injunction Under S170 NG of the Workplace Relations Act 1996 (cth) / Interlocutory Relief
Outcome
Interlocutory injunction granted in favour of the applicant, confined to proceedings concerning industrial action by employees of the respondents' sub-contractors who are CFMEU members.
Legal Topics
['interlocutory Injunction' 'protected Industrial Action' 'certified Agreements' 'coercion in Bargaining' 'anti Suit Injunction' 'balance of Convenience']
['industrial Law'] ['interlocutory Injunction' 'protected Industrial Action' 'certified Agreements' 'coercion in Bargaining' 'anti Suit Injunction' 'balance of Convenience']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Industrial Law Application for Interlocutory Injunction Under S170 NG of the Workplace Relations Act 1996 (cth) / Interlocutory Relief

Legal Issues

  1. 1 ['Whether there was a serious issue to be tried that the respondents commenced or threatened Supreme Court proceedings with intent to coerce CFMEU not to agree to a certified agreement containing claims it would otherwise pursue.' 'Whether industrial action by CFMEU members employed by sub-contractors was protected action within the meaning of s170ML of the Workplace Relations Act 1996 (Cth).' 'Whether the alleged participation of direct employees of the respondents meant the action was engaged in in concert with persons who were not protected persons under s170MM of the Act.' "Whether the balance of convenience favoured restraining the respondents from taking further steps in the Supreme Court of Victoria proceeding or commencing further proceedings concerning the sub-contractors' employees' industrial action."]

Ratio Decidendi

The Court granted interlocutory relief because there was a serious issue to be tried that the respondents' Supreme Court proceeding and threatened further proceedings concerning industrial action by CFMEU members employed by sub-contractors were action taken with intent to coerce CFMEU in the bargaining process contrary to s170NC(1), and there was also a serious issue whether that industrial action was protected action. The respondents' reliance on possible unprotected action did not remove those issues, and the balance of convenience strongly favoured CFMEU because continuation or threat of Supreme Court proceedings could irreparably damage its bargaining position, while the respondents...

Court Disposition

Interlocutory injunction granted in favour of the applicant, confined to proceedings concerning industrial action by employees of the respondents' sub-contractors who are CFMEU members.

Orders

  • ['Until the hearing and determination of the application or further order and upon the applicant giving the usual undertaking as to damages, the respondents by themselves, their servants or agents refrain from taking any further step in the proceeding commenced by them in the Supreme Court of Victoria against the...