Built QLD Pty Limited v Construction, Forestry, Mining and Energy Union

Built QLD Pty Limited (Built) sought to restrain the Construction, Forestry, Mining and Energy Union (CFMEU) from taking industrial action against Built. The dispute concerned allegations by the CFMEU that Built had breached enterprise agreements by failing to engage labour through labour hire companies that were signatories to the CFMEU's enterprise agreements. Built argued that the CFMEU's actions constituted unlawful industrial action under the *Fair Work Act 2009* (Cth) (the Act). The matter was heard in the Federal Court of Australia.

The primary legal issue before the Court was whether the CFMEU's conduct in organising and encouraging its members to refuse to work for Built, unless Built engaged labour hire companies that were signatories to the CFMEU's enterprise agreements, constituted unlawful industrial action under section 417 of the Act. This involved determining whether the CFMEU's demands were directed at achieving a prohibited purpose, specifically the exclusion of non-union labour hire companies, which could render the industrial action unlawful.

Justice Jarrett found that the CFMEU's demands were aimed at compelling Built to engage labour hire companies that were signatories to the CFMEU's enterprise agreements. His Honour reasoned that this demand was not for the purpose of advancing or protecting the interests of employees in relation to their employment, but rather to enforce the CFMEU's own industrial agenda and to exclude competitors. Consequently, the Court determined that the industrial action was being organised for a prohibited purpose under section 417 of the Act, rendering it unlawful.

The Court made orders restraining the CFMEU from continuing or organising the industrial action.