Construction, Forestry, Mining & Energy Union v Pacific Coal Pty Ltd [1998] FCA 1501

Construction, Forestry, Mining & Energy Union v Pacific Coal Pty Ltd [1998] FCA 1501

There is a serious question whether the respondent's actions breached s170MU of the Workplace Relations Act, and the balance of convenience favours preserving the previous eight hour shift rotation, granting interlocutory relief to restrain the respondent's change in shift arrangements pending final hearing.

Jurisdiction
Australia
Judgment Date
26 November 1998
Procedural Posture
Application for Interlocutory Injunction / Interlocutory; Reasons for Ex Tempore Decision and Interim Orders
Outcome
Interlocutory injunction granted; directions issued for case management
Legal Topics
['protected Industrial Action' 'shift Arrangements' 'injunctions' 'workplace Relations Act 1996 S170 Mu']
['employment Law' 'industrial Law'] ['protected Industrial Action' 'shift Arrangements' 'injunctions' 'workplace Relations Act 1996 S170 Mu']

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory; Reasons for Ex Tempore Decision and Interim Orders

Legal Issues

  1. 1 ["Whether respondent's change to shift arrangements contravened s170MU of the Workplace Relations Act 1996 by injuring employees or altering their position to their prejudice, because of engagement in protected action" 'Whether the balance of convenience favoured the grant of interlocutory relief']

Ratio Decidendi

There is a serious question whether the respondent's actions breached s170MU of the Workplace Relations Act, and the balance of convenience favours preserving the previous eight hour shift rotation, granting interlocutory relief to restrain the respondent's change in shift arrangements pending final hearing.

Court Disposition

Interlocutory injunction granted; directions issued for case management

Orders

  • ['Pending further order, respondent restrained from requiring CFMEU members on 8 hour shifts to work afternoon or night shifts except if rostered for at least one day shift in each three shifts (exceptions noted)' 'Liberty to apply on 48 hours notice' 'Respondent to deliver Request for Particulars by 4:00pm, 16...