Thiess Contractors Pty Ltd v Construction, Forestry, Mining & Energy Union & Ors [1998] FCA 1766

Thiess Contractors Pty Ltd v Construction, Forestry, Mining & Energy Union & Ors [1998] FCA 1766

The injunction was granted because Commissioner Hodder's 5 November 1998 suspension order was arguably valid, making the foreshadowed industrial action prima facie unlawful, and the balance of convenience heavily favoured the applicant given the likely substantial financial losses, risk to export contract negotiations, and disruption to the Bowen Coke Works and Collinsville Power Station.

Jurisdiction
Australia
Judgment Date
05 November 1998
Procedural Posture
Application for Interim Injunction to Restrain Commencement of Industrial Action / Urgent Interlocutory Application; Hearing and Judgment on 5 November 1998
Outcome
Interim injunction granted; costs reserved.
Legal Topics
['interim Injunction' 'industrial Action' 'protected Action' 'bargaining Period' 'australian Industrial Relations Commission Powers' 'workplace Relations Act 1996 (cth)']
['industrial Law'] ['interim Injunction' 'industrial Action' 'protected Action' 'bargaining Period' 'australian Industrial Relations Commission Powers' 'workplace Relations Act 1996 (cth)']

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Procedural Posture

Application for Interim Injunction to Restrain Commencement of Industrial Action / Urgent Interlocutory Application; Hearing and Judgment on 5 November 1998

Legal Issues

  1. 1 ['Whether the respondents should be restrained from commencing foreshadowed industrial action at 6.00 am on Friday, 6 November 1998.' "Whether Commissioner Hodder's order of 5 November 1998 under s 170MW of the Workplace Relations Act 1996 (Cth) was arguably valid and removed the immunity that might otherwise attach to the industrial action." 'Whether the Australian Industrial Relations Commission has an implied power to make urgent interim orders under s 170MW(1) pending a final decision.' 'Whether the balance of convenience favoured granting injunctive relief.']

Ratio Decidendi

The injunction was granted because Commissioner Hodder's 5 November 1998 suspension order was arguably valid, making the foreshadowed industrial action prima facie unlawful, and the balance of convenience heavily favoured the applicant given the likely substantial financial losses, risk to export contract negotiations, and disruption to the Bowen Coke Works and Collinsville Power Station.

Court Disposition

Interim injunction granted; costs reserved.

Orders

  • ["The respondents and each of them, whether by themselves, their servants, or agents, or otherwise howsoever, be restrained from commencing industrial action at 6.00 am on Friday, 6 November 1998 against the applicant, or from taking any industrial action against the applicant during the period that Commissioner...