Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union [2011] FCA 387

Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union [2011] FCA 387

A serious question exists in relation to whether the respondents defied a Fair Work Australia stop order by engaging in or organising industrial action, and the balance of convenience, given the public significance of the construction project and evidence of ongoing organised stoppages, favours grant of interlocutory injunctive relief.

Jurisdiction
Australia
Judgment Date
13 April 2011
Procedural Posture
Interlocutory Application / Interim Injunction
Outcome
Interlocutory injunction granted
Legal Topics
['interim Injunction' 'industrial Action' 'fair Work Act' 'balance of Convenience']
['industrial Law'] ['interim Injunction' 'industrial Action' 'fair Work Act' 'balance of Convenience']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Interim Injunction

Legal Issues

  1. 1 ['Whether interlocutory injunctive relief should be granted to restrain industrial action alleged to be in contravention of a Fair Work Australia order' 'Whether there is a serious question to be tried regarding breach of Fair Work Australia order by respondents' 'Where the balance of convenience lies regarding the granting of interlocutory relief']

Ratio Decidendi

A serious question exists in relation to whether the respondents defied a Fair Work Australia stop order by engaging in or organising industrial action, and the balance of convenience, given the public significance of the construction project and evidence of ongoing organised stoppages, favours grant of interlocutory injunctive relief.

Court Disposition

Interlocutory injunction granted

Orders

  • ['Pending further order, the first, fourth and fifth respondents and their officials, employees and agents are restrained from engaging in, organising, aiding, abetting, encouraging, or threatening industrial action at the Brisbane Supreme Court and District Court project site, as defined.' 'The above unions are...