Construction, Forestry, Mining & Energy Union v Newlands Coal Pty Ltd [1997] FCA 1194

Construction, Forestry, Mining & Energy Union v Newlands Coal Pty Ltd [1997] FCA 1194

Given the structural workforce changes, the economic decision to contract out the mine, and absence of evidence linking the impending retrenchments to protected action under s 170MU, there is no serious question that the respondent’s actions constitute a contravention, and the balance of convenience favours revocation of the interlocutory injunction.

Parties
Applicant: Construction, Forestry, Mining and Energy Union; Respondent: Newlands Coal Pty Ltd
Jurisdiction
Australia
Judgment Date
06 November 1997
Procedural Posture
Interlocutory Application Within Substantive Proceedings Alleging Statutory Contravention / Application to Revoke Interlocutory Injunction Prior to Final Hearing
Outcome
Interlocutory injunction revoked
Legal Topics
Protected Industrial Action, Redundancy, Interlocutory Injunctions, Contraventions of Workplace Relations Act
Employment Law Industrial Relations Protected Industrial Action Redundancy Interlocutory Injunctions Contraventions of Workplace Relations Act

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Parties

Construction, Forestry, Mining and Energy Union

Applicant

Newlands Coal Pty Ltd

Respondent

Procedural Posture

Interlocutory Application Within Substantive Proceedings Alleging Statutory Contravention / Application to Revoke Interlocutory Injunction Prior to Final Hearing

Legal Issues

  1. 1 Whether the interlocutory injunction restraining retrenchment of union members should be revoked in light of changed operational circumstances
  2. 2 Whether the decision to retrench remaining employees constitutes a contravention of s 170MU of the Workplace Relations Act 1996 (Cth)

Ratio Decidendi

Given the structural workforce changes, the economic decision to contract out the mine, and absence of evidence linking the impending retrenchments to protected action under s 170MU, there is no serious question that the respondent’s actions constitute a contravention, and the balance of convenience favours revocation of the interlocutory injunction.

Court Disposition

Interlocutory injunction revoked

Orders

  • The order by way of interlocutory injunction made on 17 October 1997 is revoked, such revocation to take effect from 4.00 pm 7 November 1997.