Construction, Forestry, Mining and Energy Union v Bechtel Construction (Australia) Pty Ltd [2014] FCA 703

Construction, Forestry, Mining and Energy Union v Bechtel Construction (Australia) Pty Ltd [2014] FCA 703

The CFMEU failed to establish a prima facie case of contravention of s 345 of the Fair Work Act 2009 (Cth) by Bechtel's documents, as those documents, when read in context, did not reasonably imply union endorsement and were not shown to be knowingly or recklessly false or misleading. In any event, the balance of convenience favoured Bechtel, owing to the significant costs of delay and the availability of remedies before the Fair Work Commission.

Jurisdiction
Australia
Judgment Date
01 May 2014
Procedural Posture
Interlocutory Application / Interlocutory (application for Injunctive Relief)
Outcome
Application for interlocutory relief dismissed
Legal Topics
['interlocutory Injunction' 'misrepresentation' 'workplace Rights' 'enterprise Bargaining' 'approval of Industrial Agreements']
['employment Law' 'industrial Law'] ['interlocutory Injunction' 'misrepresentation' 'workplace Rights' 'enterprise Bargaining' 'approval of Industrial Agreements']

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Procedural Posture

Interlocutory Application / Interlocutory (application for Injunctive Relief)

Legal Issues

  1. 1 ["Whether Bechtel's communications amounted to a false or misleading representation about workplace rights under s 345 of the Fair Work Act 2009 (Cth)" 'Whether a prima facie case was established for injunctive relief to restrain or defer the employee ballot' 'Balance of convenience between granting and refusing interlocutory relief']

Ratio Decidendi

The CFMEU failed to establish a prima facie case of contravention of s 345 of the Fair Work Act 2009 (Cth) by Bechtel's documents, as those documents, when read in context, did not reasonably imply union endorsement and were not shown to be knowingly or recklessly false or misleading. In any event, the balance of convenience favoured Bechtel, owing to the significant costs of delay and the availability of remedies before the Fair Work Commission.

Court Disposition

Application for interlocutory relief dismissed

Orders

  • ['The interlocutory application be dismissed' 'The matter otherwise be adjourned for directions' 'There be no order as to costs']