Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] FCA 1431

Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] FCA 1431

While the CFMEU demonstrated a serious question to be tried regarding BHP Coal's compliance with consultation obligations under the enterprise agreement and Fair Work Act, the balance of convenience did not favour interlocutory injunctive relief due to workplace events having moved on and the advanced stage of the redundancy process; thus, the application was dismissed.

Jurisdiction
Australia
Judgment Date
12 December 2014
Procedural Posture
Application for Interlocutory Injunctive Relief / Interlocutory (dismissal of Application)
Outcome
Application for interlocutory injunctive relief dismissed
Legal Topics
['enterprise Bargaining Agreements' 'consultation Obligations' 'workplace Redundancies' 'interlocutory Injunctions' 'fair Work Act Compliance']
['industrial Law'] ['enterprise Bargaining Agreements' 'consultation Obligations' 'workplace Redundancies' 'interlocutory Injunctions' 'fair Work Act Compliance']

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Procedural Posture

Application for Interlocutory Injunctive Relief / Interlocutory (dismissal of Application)

Legal Issues

  1. 1 ['Whether BHP Coal breached consultation obligations under clause 32 of the BMA Enterprise Agreement 2012 and section 50 of the Fair Work Act 2009 (Cth) by failing to consult about potential redundancies and management thereof' 'Whether serious question to be tried exists to warrant interlocutory injunctive relief' 'Whether the balance of convenience favours granting such relief']

Ratio Decidendi

While the CFMEU demonstrated a serious question to be tried regarding BHP Coal's compliance with consultation obligations under the enterprise agreement and Fair Work Act, the balance of convenience did not favour interlocutory injunctive relief due to workplace events having moved on and the advanced stage of the redundancy process; thus, the application was dismissed.

Court Disposition

Application for interlocutory injunctive relief dismissed

Orders

  • ['The application for interlocutory injunctive relief be dismissed.']