BGC Contracting Pty Ltd v The Construction Forestry Mining and Energy

FEDERAL COURT OF AUSTRALIA

BGC Contracting Pty Ltd v The Construction Forestry Mining & Energy
Union of Workers [2004] FCA 417

BGC CONTRACTING PTY LTD v THE CONSTRUCTION FORESTRY MINING & ENERGY UNION OF WORKERS
W 38 of 2004

CARR J
18 MARCH 2004
PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W38 OF 2004

BETWEEN:	BGC CONTRACTING PTY LTD APPLICANT
AND:	THE CONSTRUCTION FORESTRY MINING & ENERGY UNION OF WORKERS RESPONDENT
JUDGE:	CARR J
DATE OF ORDER:	18 MARCH 2004
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.Until further order, the respondent, whether by its officers or authorised representatives, be restrained from exercising, or purporting to exercise any right of entry to the site known as the Ammonia Plant Construction Project on the Burrup Peninsula, Karratha, in the State of Western Australia for the purposes of holding discussions with employees of the first or second applicants or for the other purposes referred to in s 49I of the Industrial Relations Act 1979 (WA) in relation to those employees or their employment.

2.Until further order, the respondent, whether by its officers or authorised representatives, be restrained from taking any further steps in proceedings number CR13 of 2004 in the Western Australian Industrial Relations Commission in relation to costs or otherwise.

3.        The applicants file and serve any amended Statement of Claim by 26 March 2004.

4.        The respondent file and serve a Defence and Cross-Claim by 9 April 2004.

5.The applicants file and serve any Reply to Defence and any Defence to Cross-Claim by 20 April 2004.

6.The applicants may file and serve any further affidavits in support of the first applicant’s motion for continuing interlocutory relief and any further written submissions on or before 25 March 2004;

7.The respondent may file and serve its affidavits in response and any further written submissions on or before 1 April 2004;

8.The first applicant’s motion for continuing interlocutory relief be listed for hearing on a date to be fixed.

9.        Costs of today’s hearing be reserved.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W38 OF 2004

BETWEEN:	BGC CONTRACTING PTY LTD APPLICANT
AND:	THE CONSTRUCTION FORESTRY MINING & ENERGY UNION OF WORKERS RESPONDENT

JUDGE:	CARR J
DATE:	18 MARCH 2004
PLACE:	PERTH

REASONS FOR JUDGMENT

INTRODUCTION

1. On 20 February 2004, in an ex tempore judgment given on that date, I refused an application by the applicant for an interlocutory injunction.  The interlocutory injunction sought was to restrain the respondent, by its officers or authorised representatives, from taking any further steps in certain proceedings in the Western Australian Industrial Relations Commission (“the Commission”) and also to restrain them from exercising rights of entry which they claimed under the Industrial Relations Act 1979 (WA) (“the State Act”). But, in refusing such relief I reserved liberty to the applicant to renew its application on two days written notice. It has now…