Thiess Contractors Pty Ltd v Construction, Forestry, Mining & Energy Union [1999] FCA 407

Thiess Contractors Pty Ltd v Construction, Forestry, Mining & Energy Union [1999] FCA 407

There was no serious question to be tried that the respondent contravened s 170MN(1) of the Act, as the industrial action in question was not taken for the purpose of supporting or advancing claims within the meaning of the section; the application for interlocutory relief was therefore dismissed.

Jurisdiction
Australia
Judgment Date
13 April 1999
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Judgment
Outcome
Application for interlocutory relief dismissed
Legal Topics
['interlocutory Injunction' 'industrial Action' 'certified Agreements']
['industrial Law'] ['interlocutory Injunction' 'industrial Action' 'certified Agreements']

Case Brief

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory Judgment

Legal Issues

  1. 1 ["Whether employees' stoppage constituted industrial action in contravention of s 170MN(1) of the Workplace Relations Act 1996 (Cth)" 'Whether the statutory precondition for granting an injunction under s 170NG is satisfied']

Ratio Decidendi

There was no serious question to be tried that the respondent contravened s 170MN(1) of the Act, as the industrial action in question was not taken for the purpose of supporting or advancing claims within the meaning of the section; the application for interlocutory relief was therefore dismissed.

Court Disposition

Application for interlocutory relief dismissed

Orders

  • ['The application for interlocutory relief is dismissed.']