Construction, Forestry, Mining & Energy Union & Anor v Curragh Queensland Mining Ltd [1998] FCA 1231

Construction, Forestry, Mining & Energy Union & Anor v Curragh Queensland Mining Ltd [1998] FCA 1231

Although Curragh's 6 August 1997 notices were partly designed to pressure striking employees to return to work, the stoppage then in effect was not protected action because the applicable union notices did not give at least three clear working days' notice and earlier notices described action different in kind. The CFMEU bargaining notice was effective, but because the industrial action was not protected action, s 170MU did not apply. The 25 September 1997 notices were not given because employees had engaged in protected action. The Application therefore failed.

Jurisdiction
Australia
Judgment Date
30 September 1998
Procedural Posture
Industrial Law Application Seeking Declarations, Injunctions and Penalties for Alleged Contraventions of S 170 MU of the Workplace Relations Act 1996 / Final Hearing; Reasons for Judgment and Order Dismissing the Application
Outcome
Application dismissed.
Legal Topics
['protected Action During Bargaining Periods' 'initiation of Bargaining Period' 'notice of Intended Industrial Action' 'threat to Injure Employees in Employment or Alter Their Position to Their Prejudice' 'certified Agreements']
['industrial Law' 'workplace Relations'] ['protected Action During Bargaining Periods' 'initiation of Bargaining Period' 'notice of Intended Industrial Action' 'threat to Injure Employees in Employment or Alter Their Position to Their Prejudice' 'certified Agreements']

Case Brief

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Procedural Posture

Industrial Law Application Seeking Declarations, Injunctions and Penalties for Alleged Contraventions of S 170 MU of the Workplace Relations Act 1996 / Final Hearing; Reasons for Judgment and Order Dismissing the Application

Legal Issues

  1. 1 ['Whether the 6 August 1997 notices of intention to withdraw from State and local agreements were given wholly or partly because employees were engaging, or had engaged, in industrial action.' 'Whether the 25 September 1997 notices of withdrawal from State and local agreements constituted injury to employees in their employment or alteration of their position to their prejudice wholly or partly because they had engaged in protected action.' 'Whether the CFMEU notice was effective to initiate a bargaining period despite stating the proposed nominal expiry date by reference to two years from certification rather than a calendar date.' "Whether the various notices of intended industrial action gave at least 3 working days' written notice so that the action was protected action." 'What orders, including compensation, should be made.']

Ratio Decidendi

Although Curragh's 6 August 1997 notices were partly designed to pressure striking employees to return to work, the stoppage then in effect was not protected action because the applicable union notices did not give at least three clear working days' notice and earlier notices described action different in kind. The CFMEU bargaining notice was effective, but because the industrial action was not protected action, s 170MU did not apply. The 25 September 1997 notices were not given because employees had engaged in protected action. The Application therefore failed.

Court Disposition

Application dismissed.

Orders

  • ['The Application be dismissed.']