John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union [2013] FCA 615

John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union [2013] FCA 615

The applicant established standing and a prima facie case that activities at the New Children's Hospital site on 3 May 2013 constituted industrial action within s 19(1)(b) of the Fair Work Act 2009 (Cth), that the respondents were organising those activities, that s 417(1) was contravened because relevant employees were covered by in-term enterprise agreements, and that the first respondent contravened cl 3.1 of the Fair Work Commission final order and therefore s 421(1). The balance of convenience favoured relief because the activities risked significant costs and delay to the applicant, while there was no significant prejudice to the respondents. Prohibitory relief and mandatory...

Jurisdiction
Australia
Judgment Date
03 May 2013
Procedural Posture
Industrial Law Proceeding Alleging Contraventions of the Fair Work Act 2009 (cth) and Tort of Nuisance / Application for Interlocutory Injunctive Relief
Outcome
Interlocutory relief granted.
Legal Topics
['interlocutory Injunctions' 'industrial Action' 'fair Work Commission Orders' 'picketing' 'balance of Convenience' 'mandatory Injunctions']
['industrial Law' 'employment Law' 'civil Procedure'] ['interlocutory Injunctions' 'industrial Action' 'fair Work Commission Orders' 'picketing' 'balance of Convenience' 'mandatory Injunctions']

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Procedural Posture

Industrial Law Proceeding Alleging Contraventions of the Fair Work Act 2009 (cth) and Tort of Nuisance / Application for Interlocutory Injunctive Relief

Legal Issues

  1. 1 ['Whether the applicant had standing under ss 417(4) and 421(3)(a) of the Fair Work Act 2009 (Cth) to seek interlocutory orders.' 'Whether the applicant established a prima facie case that the respondents engaged in or organised industrial action contrary to s 417(1) of the Fair Work Act 2009 (Cth).' 'Whether the applicant established a prima facie case that the first respondent contravened cl 3.1 of the Fair Work Commission final order and thus s 421(1) of the Fair Work Act 2009 (Cth).' 'Whether the balance of convenience favoured granting prohibitory and mandatory interlocutory relief.' 'Whether mandatory orders requiring notification to members, including by Facebook, were appropriate.']

Ratio Decidendi

The applicant established standing and a prima facie case that activities at the New Children's Hospital site on 3 May 2013 constituted industrial action within s 19(1)(b) of the Fair Work Act 2009 (Cth), that the respondents were organising those activities, that s 417(1) was contravened because relevant employees were covered by in-term enterprise agreements, and that the first respondent contravened cl 3.1 of the Fair Work Commission final order and therefore s 421(1). The balance of convenience favoured relief because the activities risked significant costs and delay to the applicant, while there was no significant prejudice to the respondents. Prohibitory relief and mandatory...

Court Disposition

Interlocutory relief granted.

Orders

  • ["Upon the giving of an undertaking as to damages in the usual form, until the hearing and determination of the proceeding or further order, the first respondent and the second to ninth respondents were restrained from organising or engaging in industrial action at or in the vicinity of the New Children's Hospital...