Corkill v Construction, Forestry, Mining and Energy Union [1996] IRCA 110

Corkill v Construction, Forestry, Mining and Energy Union [1996] IRCA 110

The alleged conduct did not fall within the statutory definition of 'industrial action'; postponement of logging due to protesters could not have a substantial adverse effect on community safety, health or welfare. The application disclosed no cause of action and must fail.

Parties
Applicant: John Robert Corkill; Respondent: Construction, Forestry, Mining and Energy Union
Jurisdiction
Australia
Judgment Date
07 March 1996
Procedural Posture
Application for Deregistration of Organisation / Summary Dismissal Application
Outcome
Application dismissed with costs
Legal Topics
Registered Organisation, Deregistration, Industrial Action, Costs, Summary Dismissal
Industrial Law Registered Organisation Deregistration Industrial Action Costs Summary Dismissal

Case Brief

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Parties

John Robert Corkill

Applicant

Construction, Forestry, Mining and Energy Union

Respondent

Procedural Posture

Application for Deregistration of Organisation / Summary Dismissal Application

Legal Issues

  1. 1 Whether the conduct alleged constituted 'industrial action' under s.4 of the Industrial Relations Act
  2. 2 Whether such action had a substantial adverse effect on the safety, health or welfare of the community or part of the community under s.294(1)(c)
  3. 3 Whether costs should be ordered against the applicant

Ratio Decidendi

The alleged conduct did not fall within the statutory definition of 'industrial action'; postponement of logging due to protesters could not have a substantial adverse effect on community safety, health or welfare. The application disclosed no cause of action and must fail.

Court Disposition

Application dismissed with costs

Orders

  • The application filed by the applicant, John Robert Corkill, as amended, be dismissed.
  • The applicant pay the costs of the respondent, Construction, Forestry, Mining and Energy Union.