BGC Contracting Pty Ltd v The Construction Forestry Mining and Energy

BGC Contracting Pty Ltd and another applicant brought a motion before the Federal Court against CFMEU, an industrial union. The applicants sought an injunction to prevent the union from entering the Ammonia Plant Construction Project site in Karratha, Western Australia, and from taking further steps in industrial commission proceedings. The legal issues for the court to decide included whether the union had the right to enter the site and whether the applicants were entitled to an injunction. The court found that the union did not have the right to enter the site and that the applicants were entitled to an injunction. The union's right to enter the site was limited by the terms of the applicable industrial award and by the applicants' contractual rights. The applicants had demonstrated a serious question to be tried and the balance of convenience favoured the grant of interlocutory relief. The court made orders restraining the union from entering the site or taking further steps in the industrial commission proceedings. The applicants were also required to file and serve an amended Statement of Claim and the union was required to file and serve a Defence and Cross-Claim. The applicants' motion for continuing interlocutory relief was listed for a hearing on a date to be fixed. The costs of the hearing were reserved.