BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining and Energy Union

The case involved BHP Steel (AIS) Pty Ltd, a major steel producer, and the Construction, Forestry, Mining and Energy Union, a trade union representing workers in various industries, including mining. The dispute arose when the Union initiated strike action at BHP Steel's coal mines in New South Wales, in contravention of a Court Order dated 7 February 2000. The primary legal issues revolved around whether the Union had indeed breached the Court's Order by continuing the strike action and, if so, what the appropriate remedy should be.

The Court examined the nature and extent of the Union's actions following the issuance of the Order. It considered whether the Union had genuinely attempted to comply with the Order and the degree of control it could exert over its members' actions. The Court concluded that the Union had failed to immediately cease the strike action as directed, thereby contravening the Court's Order. The Court found that the Union's failure to enforce compliance among its members constituted contempt.

In determining the appropriate penalty, the Court assessed the seriousness of the contempt, the Union's conduct, and the need for deterrence. The Court emphasised the importance of upholding the authority of its Orders and the necessity of preventing similar breaches in the future. As a result, the Court imposed a fine of $120,000 on the Union for its contempt. Additionally, the Court ordered the Union to pay BHP Steel's costs of the proceedings, on an indemnity basis, except for the costs of the first penalty hearing and any costs deemed unreasonable or incurred unreasonably.