United Group Infrastructure Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2005] FCA 1926

United Group Infrastructure Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2005] FCA 1926

The applicant established a serious issue to be tried regarding probable unlawful industrial action and the sufficiency of the respondents' involvement, and the balance of convenience weighed in favour of granting interlocutory relief to restrain such action, pursuant to the statutory powers under the Building and Construction Industry Improvement Act 2005 (Cth) and Workplace Relations Act 1996 (Cth).

Jurisdiction
Australia
Judgment Date
23 December 2005
Procedural Posture
Application for Interlocutory Injunctive Relief / Interlocutory (interim Relief Sought Pending Final Hearing)
Outcome
Application for interlocutory injunction granted.
Legal Topics
['interlocutory Injunctions' 'industrial Action' 'workplace Relations' 'building and Construction Industry' 'orders Under S 127 Workplace Relations Act' 'bcii Act Provisions']
['employment Law' 'industrial Law'] ['interlocutory Injunctions' 'industrial Action' 'workplace Relations' 'building and Construction Industry' 'orders Under S 127 Workplace Relations Act' 'bcii Act Provisions']

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Procedural Posture

Application for Interlocutory Injunctive Relief / Interlocutory (interim Relief Sought Pending Final Hearing)

Legal Issues

  1. 1 ['Whether interlocutory injunction should be granted to restrain probable unlawful industrial action under BCII Act and WR Act' "Whether there's a serious issue to be tried regarding respondents' involvement in industrial action" 'Where the balance of convenience lies in granting interlocutory relief']

Ratio Decidendi

The applicant established a serious issue to be tried regarding probable unlawful industrial action and the sufficiency of the respondents' involvement, and the balance of convenience weighed in favour of granting interlocutory relief to restrain such action, pursuant to the statutory powers under the Building and Construction Industry Improvement Act 2005 (Cth) and Workplace Relations Act 1996 (Cth).

Court Disposition

Application for interlocutory injunction granted.

Orders

  • ['The application be amended to include section 49 of the Building and Construction Industry Improvement Act 2005 (Cth) as a basis for injunctive relief.' 'Interlocutory injunction restraining respondents from directing, authorising, inducing, encouraging, aiding or procuring employees from failing to attend or...