Construction, Forestry, Mining and Energy Union v Caelli Constructions (Vic) Pty Ltd (ACN 080 995 204) [2009] FCA 655

Construction, Forestry, Mining and Energy Union v Caelli Constructions (Vic) Pty Ltd (ACN 080 995 204) [2009] FCA 655

The Court determined that there were serious questions to be tried as to whether employees were given a reasonable opportunity to decide on the proposed collective agreement and as to the CFMEU's standing. The potential for confusion and distraction by overlapping ballots justified the grant of an interlocutory injunction restraining the employer from conducting its agreement vote until after the close of the protected action ballot, as the balance of convenience strongly favoured preservation of the statutory rights of employees and the union pending final hearing.

Jurisdiction
Australia
Judgment Date
18 June 2009
Procedural Posture
Interlocutory Application / Interlocutory Injunction
Outcome
Interlocutory injunction granted
Legal Topics
['workplace Agreements' 'protected Industrial Action' 'collective Bargaining' 'injunctive Relief']
['employment Law' 'industrial Law'] ['workplace Agreements' 'protected Industrial Action' 'collective Bargaining' 'injunctive Relief']

Case Brief

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Procedural Posture

Interlocutory Application / Interlocutory Injunction

Legal Issues

  1. 1 ['Whether respondent gave employees a reasonable opportunity to decide on approval of employee collective agreement under s 340(2) of the Workplace Relations Act 1996 (Cth)' 'Whether CFMEU has standing to seek interlocutory relief in respect of the proposed collective agreement under relevant federal law' "Whether overlap of employer ballot and protected action ballot affected employees' reasonable opportunity to decide" 'Balance of convenience in granting interlocutory injunction']

Ratio Decidendi

The Court determined that there were serious questions to be tried as to whether employees were given a reasonable opportunity to decide on the proposed collective agreement and as to the CFMEU's standing. The potential for confusion and distraction by overlapping ballots justified the grant of an interlocutory injunction restraining the employer from conducting its agreement vote until after the close of the protected action ballot, as the balance of convenience strongly favoured preservation of the statutory rights of employees and the union pending final hearing.

Court Disposition

Interlocutory injunction granted

Orders

  • ['The respondent by its servants and agents refrain until after 29 June 2009 or further order from conducting a vote in accordance with s 340(2) of the Workplace Relations Act 1996 (Cth) in relation to an employee collective agreement.' 'There be a directions hearing on a date to be fixed, not earlier than 30 June...