Bechtel Australia Pty Limited v Construction, Forestry, Mining and Energy Union

In this matter, Bechtel Australia Pty Limited sought an interim injunction to halt industrial action by the Construction, Forestry, Mining and Energy Union at Curtis Island. The Federal Court of Australia was tasked with determining the application. The primary legal issue before the court was whether the industrial action taken by the union constituted protected action under the Fair Work Act 2009 (Cth) and whether the application for an interim injunction should be granted. The court had to weigh the rights of the union to engage in protected industrial action against the rights of Bechtel to conduct its business without unreasonable interference.

The court began by examining the nature and purpose of the industrial action, assessing whether it was in support of a protected industrial dispute. The union argued that the action was protected as it related to an enterprise agreement and was conducted in accordance with the Act. Bechtel contended that the action was not protected because it was not reasonably likely to achieve the union’s objectives and was, in fact, causing significant harm to its operations. The court also considered the proportionality of the injunction, balancing the potential harm to Bechtel against the union’s right to take industrial action. After careful consideration, the court concluded that the industrial action was not protected under the Act and that the injunction should be granted to prevent further harm to Bechtel’s operations.

Ultimately, the court found in favour of Bechtel and issued an interim injunction to stop the industrial action at Curtis Island. This decision was based on the court’s determination that the industrial action did not meet the criteria for protected action and that the harm to Bechtel outweighed the union’s right to engage in the action. The court emphasised the need to balance the rights of both parties and the importance of ensuring that industrial action is both necessary and proportionate to achieve legitimate objectives. The final orders included an injunction preventing the union from continuing the industrial action at the specified site.