Mortimore v Construction, Forestry, Mining and Energy Union [2010] FCA 537

Mortimore v Construction, Forestry, Mining and Energy Union [2010] FCA 537

There is a prima facie case of contravention of ss 38 and 44 of the Building and Construction Industry Improvement Act 2005 (Cth); the balance of convenience favours continuation and variation of interlocutory orders restraining interference, obstruction, and coercion by CFMEU officials at the site.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 May 2010
Procedural Posture
Application for Interlocutory Relief / Interlocutory Orders and Reasons for Judgment
Outcome
Interlocutory orders continued and varied; costs reserved; directions hearing listed.
Legal Topics
['building Industrial Action' 'interlocutory Relief' 'coercion Regarding Enterprise Agreements']
['industrial Law'] ['building Industrial Action' 'interlocutory Relief' 'coercion Regarding Enterprise Agreements']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Interlocutory Relief / Interlocutory Orders and Reasons for Judgment

Legal Issues

  1. 1 ["Whether conduct by CFMEU officials constitutes 'building industrial action' under s 38 of the Building and Construction Industry Improvement Act 2005 (Cth)" 'Whether CFMEU officials took action with intent to coerce or apply undue pressure to make a building enterprise agreement (s 44 of the Act)' 'Entitlement to interlocutory relief under ss 39(2) and 49 of the Act']

Ratio Decidendi

There is a prima facie case of contravention of ss 38 and 44 of the Building and Construction Industry Improvement Act 2005 (Cth); the balance of convenience favours continuation and variation of interlocutory orders restraining interference, obstruction, and coercion by CFMEU officials at the site.

Court Disposition

Interlocutory orders continued and varied; costs reserved; directions hearing listed.

Orders

  • ["Orders made on 20 May 2010 varied by adding subparagraph 1(f): 'interfering with the site or its perimeter fencing.'" "Removal and insertion of 'and' as specified in paragraphs (d) and (e) of previous orders." 'Proceeding listed for directions on 4 June 2010.' 'Costs reserved.']