Construction, Forestry, Maritime, Mining and Energy Union v CPB Contractors Pty Ltd [2021] FCA 1107

Construction, Forestry, Maritime, Mining and Energy Union v CPB Contractors Pty Ltd [2021] FCA 1107

The interlocutory injunctions were refused because the applicants did not demonstrate a sufficiently strong prima facie case that relevant workers eligible to be CFMMEU members were working at the Albert Street or Roma Street tunnelling workplaces on 2 September 2021. The applicants' evidence lacked precision in distinguishing tunnel workplaces from above-ground worksites and did not sufficiently identify the actual tasks or workers present in the tunnels on that day, whereas CPB adduced direct evidence about the work being performed and the absence of relevant subcontractor workers. The balance of convenience did not favour the applicants, particularly given the breadth of the proposed...

Jurisdiction
Australia
Judgment Date
10 September 2021
Procedural Posture
Application for Interlocutory Injunctions in the Fair Work Division Concerning Right of Entry to Tunnelling Workplaces on the Cross River Rail Project / Interlocutory Application
Outcome
The interlocutory application was dismissed, with leave granted to the Australian Workers' Union to intervene and leave granted to the applicants to amend the originating application.
Legal Topics
['right of Entry' 'state or Territory OHS Right' 'interlocutory Injunction' 'relevant Worker' 'union Eligibility and Demarcation Dispute' 'civil Remedy Provisions']
['industrial Law' 'employment and Industrial Relations' 'work Health and Safety'] ['right of Entry' 'state or Territory OHS Right' 'interlocutory Injunction' 'relevant Worker' 'union Eligibility and Demarcation Dispute' 'civil Remedy Provisions']

Case Brief

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Procedural Posture

Application for Interlocutory Injunctions in the Fair Work Division Concerning Right of Entry to Tunnelling Workplaces on the Cross River Rail Project / Interlocutory Application

Legal Issues

  1. 1 ['Whether CFMMEU officials who held permits were entitled under s 117 of the Work Health and Safety Act 2011 (Qld) to enter the Albert Street and Roma Street tunnelling workplaces to inquire into suspected contraventions affecting relevant workers.' 'Whether CPB Contractors Pty Ltd contravened or proposed to contravene ss 501 and/or 502 of the Fair Work Act 2009 (Cth) by refusing, delaying, hindering or obstructing entry by CFMMEU permit holders.' 'Whether the applicants demonstrated a sufficient likelihood of success and a favourable balance of convenience to justify interlocutory injunctions restraining CPB from refusing access to tunnelling workplaces.' 'Whether the proposed interlocutory orders were too broad in scope because they would restrain future refusals even where there may be no relevant worker at the workplace on a future day.']

Ratio Decidendi

The interlocutory injunctions were refused because the applicants did not demonstrate a sufficiently strong prima facie case that relevant workers eligible to be CFMMEU members were working at the Albert Street or Roma Street tunnelling workplaces on 2 September 2021. The applicants' evidence lacked precision in distinguishing tunnel workplaces from above-ground worksites and did not sufficiently identify the actual tasks or workers present in the tunnels on that day, whereas CPB adduced direct evidence about the work being performed and the absence of relevant subcontractor workers. The balance of convenience did not favour the applicants, particularly given the breadth of the proposed...

Court Disposition

The interlocutory application was dismissed, with leave granted to the Australian Workers' Union to intervene and leave granted to the applicants to amend the originating application.

Orders

  • ["Leave be granted to the Australian Workers' Union to intervene in the proceeding." 'Leave is granted to the applicants to amend the originating application so as to incorporate as final relief, injunctions framed in terms of the interlocutory injunctions recited under the claim for interlocutory relief in the...