BGC Contracting Pty Ltd v The Construction Forestry Mining

BGC Contracting Pty Ltd and others sought an injunction against the Construction Forestry Mining and Energy Union, seeking to prevent the union from entering the Ammonia Plant Construction Project site to discuss employment matters with the applicants' employees. The dispute arose from a broader industrial action and legal proceedings, leading to the applicants' request for interim relief. The court had to determine whether to grant the injunction and whether the applicants had established a sufficient case to warrant such relief.

The legal issues involved interpreting the relevant sections of the Industrial Relations Act 1979 (WA) and assessing whether the applicants had demonstrated a real and imminent risk of harm if the union were allowed to proceed with its intended actions. The applicants argued that the union's actions constituted an unlawful interference with their business operations and an attempt to coerce employees into joining the union. The court considered the balance of convenience, the irreparable harm the applicants might suffer, and the strength of the applicants' case at the hearing.

The court found that the applicants had made out a strong prima facie case, showing a real risk of harm if the union's actions were not restrained. The court also considered the public interest in maintaining industrial peace and the need to protect the applicants' business operations. The balance of convenience favoured granting the injunction, as the potential harm to the applicants outweighed any harm to the union or its members. The court therefore granted the relief sought, pending the hearing of the substantive application.

The final orders included a restraint on the union from entering the site for specified purposes and from taking further steps in related proceedings until the hearing of the application or further order. The costs of the application for continuing interlocutory relief were reserved for determination at a later stage.