Director of Fair Work Building Industry Inspectorate v Cartledge [2014] FCA 311

Director of Fair Work Building Industry Inspectorate v Cartledge [2014] FCA 311

The Court granted an interim injunction restraining the named respondents and certain union organisers from attending Hansen Yuncken projects at 50 Flinders Street and the new Royal Adelaide Hospital site unless they are lawfully exercising rights under Part 3-4 of the Fair Work Act 2009 (Cth), as there is an...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 March 2014
Procedural Posture
Application for Interim Injunction / Interim/injunctive Relief and Interlocutory Orders
Outcome
Interim injunction granted; directions given; matter adjourned for further orders
Legal Topics
['interim Injunctions' 'fair Work Act Contravention' 'union Organiser Workplace Rights']
['employment Law'] ['interim Injunctions' 'fair Work Act Contravention' 'union Organiser Workplace Rights']

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Procedural Posture

Application for Interim Injunction / Interim/injunctive Relief and Interlocutory Orders

Legal Issues

  1. 1 ['Whether interim injunction under s 545(2)(a) of the Fair Work Act 2009 (Cth) should be granted restraining certain union officials from entering specified worksites without lawful authority.']

Ratio Decidendi

The Court granted an interim injunction restraining the named respondents and certain union organisers from attending Hansen Yuncken projects at 50 Flinders Street and the new Royal Adelaide Hospital site unless they are lawfully exercising rights under Part 3-4 of the Fair Work Act 2009 (Cth), as there is an arguable case of contravention and the balance of convenience favours the applicant; the order is phrased to reinforce legal obligations without overreaching into lawful conduct.

Court Disposition

Interim injunction granted; directions given; matter adjourned for further orders

Orders

  • ['Leave to applicant to file amended originating application within seven days.' 'Leave to applicant to file further evidence by 2 April 2014.' 'Leave to respondents to file affidavits by 23 April 2014 in response.' 'Leave to applicant to file reply affidavits by 30 April 2014.' 'Adjourn directions hearing to 4 pm...