Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 6) [2012] FCA 1273

Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 6) [2012] FCA 1273

The Court retains jurisdiction under both the transitional regulation and s 421 of the Fair Work Act 2009 (Cth) to dispose of and make agreed orders regarding the ongoing operation and conclusion of the interlocutory injunction. The orders are appropriate in light of the admitted conduct, ongoing settlement, and in furtherance of legislative objectives.

Parties
Applicant: Lend Lease Project Management & Construction (Australia) Pty Ltd; First Respondent: Construction, Forestry, Mining and Energy Union; Fourth Respondent: Construction, Forestry, Mining and Energy Union, Industrial Union of Employees, Queensland; Fifth Respondent: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Intervener / Applicant (qud 126 of 2011): Director, Fair Work Building Industry Inspectorate; Second Respondent (qud 126 of 2011): Kane Pearson; Third Respondent (qud 126 of 2011): Scott Vink; Fourth Respondent (qud 126 of 2011): Patrick O'Doherty; Sixth Respondent (qud 126 of 2011): David Hanna; Seventh Respondent (qud 126 of 2011): Tim Jarvis; Eighth Respondent (qud 126 of 2011): Adam Olsen; Ninth Respondent (qud 126 of 2011): Beau Malone
Jurisdiction
Australia
Judgment Date
16 November 2012
Procedural Posture
Civil/industrial / Disposition of Interlocutory Injunction and Orders Upon Settlement
Outcome
Injunctive and associated relief granted as agreed; interlocutory injunction continued until practical completion of relevant projects; undertaking and security ordered.
Legal Topics
Injunctive Relief, Building and Construction Industry Improvement Act 2005 (cth), Fair Work Act 2009 (cth), Interlocutory Injunctions, Security for Compliance
Industrial Law Practice and Procedure Injunctive Relief Building and Construction Industry Improvement Act 2005 (cth) Fair Work Act 2009 (cth) Interlocutory Injunctions Security for Compliance

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Parties

Lend Lease Project Management & Construction (Australia) Pty Ltd

Applicant

Construction, Forestry, Mining and Energy Union

First Respondent

Construction, Forestry, Mining and Energy Union, Industrial Union of Employees, Queensland

Fourth Respondent

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Fifth Respondent

Director, Fair Work Building Industry Inspectorate

Intervener / Applicant (qud 126 of 2011)

Kane Pearson

Second Respondent (qud 126 of 2011)

Scott Vink

Third Respondent (qud 126 of 2011)

Patrick O'Doherty

Fourth Respondent (qud 126 of 2011)

David Hanna

Sixth Respondent (qud 126 of 2011)

Tim Jarvis

Seventh Respondent (qud 126 of 2011)

Adam Olsen

Eighth Respondent (qud 126 of 2011)

Beau Malone

Ninth Respondent (qud 126 of 2011)

Procedural Posture

Civil/industrial / Disposition of Interlocutory Injunction and Orders Upon Settlement

Legal Issues

  1. 1 Whether Court has jurisdiction to continue and dispose of injunctions after repeal of BCII Act
  2. 2 Whether interlocutory injunction should be continued or disposed under agreed terms
  3. 3 Appropriate exercise of Court's discretion regarding injunctive relief

Ratio Decidendi

The Court retains jurisdiction under both the transitional regulation and s 421 of the Fair Work Act 2009 (Cth) to dispose of and make agreed orders regarding the ongoing operation and conclusion of the interlocutory injunction. The orders are appropriate in light of the admitted conduct, ongoing settlement, and in furtherance of legislative objectives.

Court Disposition

Injunctive and associated relief granted as agreed; interlocutory injunction continued until practical completion of relevant projects; undertaking and security ordered.

Orders

  • The CFMEU is restrained from organising, engaging in, or being involved in industrial action on or in connection with the GCUH Project and the Law Courts Project until practical completion.
  • Individuals undertake not to intentionally hinder or obstruct right of entry under the Fair Work Act at specified sites until practical completion.