Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) [2011] FCA 403

Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) [2011] FCA 403

On the evidence before the Court, including uncontested affidavits from union officials, there was not a serious question to be tried that the respondent unions had contravened the Fair Work Australia orders, as the officials did not organise or encourage industrial action after the orders were made, but rather directed workers to comply. Accordingly, the interim injunctive relief was not warranted.

Jurisdiction
Australia
Judgment Date
20 April 2011
Procedural Posture
Application for Interlocutory Injunction / Determination of Notice of Motion to Vacate Interim Injunction
Outcome
Orders 1 to 5 of 13 April 2011 vacated
Legal Topics
['interlocutory Injunctions' 'fair Work Australia Orders' 'industrial Action' 'sham Contracting' 'civil Penalty Provisions']
['industrial Law'] ['interlocutory Injunctions' 'fair Work Australia Orders' 'industrial Action' 'sham Contracting' 'civil Penalty Provisions']

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Procedural Posture

Application for Interlocutory Injunction / Determination of Notice of Motion to Vacate Interim Injunction

Legal Issues

  1. 1 ['Whether there is a serious question to be tried as to breach of Fair Work Australia orders by respondent unions' 'Whether interlocutory injunctive relief should be granted']

Ratio Decidendi

On the evidence before the Court, including uncontested affidavits from union officials, there was not a serious question to be tried that the respondent unions had contravened the Fair Work Australia orders, as the officials did not organise or encourage industrial action after the orders were made, but rather directed workers to comply. Accordingly, the interim injunctive relief was not warranted.

Court Disposition

Orders 1 to 5 of 13 April 2011 vacated

Orders

  • ['Orders 1 to 5 of 13 April 2011 be vacated.']