Construction, Forestry, Mining and Energy Union v Downer EDI Engineering Power Pty Ltd

[2012] FCA 661

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v Downer EDI Engineering Power Pty Limited [2012] FCA 661

Citation:		Construction, Forestry, Mining and Energy Union v Downer EDI Engineering Power Pty Limited [2012] FCA 661
Parties:		CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v DOWNER EDI ENGINEERING POWER PTY LIMITED
File number:		QUD 231 of 2012
Judge:		LOGAN J
Date of judgment:		9 May 2012
Catchwords:		INDUSTRIAL LAW – continuation of interlocutory injunctive relief sought ex parte by union to restrain summary dismissal pending hearing and determination of substantive application – considerations pertaining to likelihood of success to justify preservation of status quo pending trial and balance of convenience considered – application for continuance of interlocutory injunctive relief refused
Legislation:		Fair Work Act 2009 (Cth) ss 346, 347
Cases cited:		American Cyanamid Co v Ethicon Ltd (1975) AC 396 considered Australian Broadcasting Corporation v O’Neill (2006) 227 CLR 57 followed Beecham Group Limited v Bristol Laboratories Pty Limited (1968) 118 CLR 618 considered Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2011] FCA 971 applied Police Federation v Nixon (2008) 168 FCR 340 applied
Date of hearing:	9 May 2012
Place:	Brisbane
Division:	FAIR WORK DIVISION
Category:	Catchwords
Number of paragraphs:	22
Counsel for the Applicant:	Mr M Plunkett
Solicitor for the Applicant:	Hall Payne
Counsel for the Respondent:	Mr J Forbes
Solicitor for the Respondent:	Freehills

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
FAIR WORK DIVISION	QUD 231 of 2012

BETWEEN:	CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION Applicant
AND:	DOWNER EDI ENGINEERING POWER PTY LIMITED Respondent

JUDGE:	LOGAN J
DATE OF ORDER:	9 MAY 2012
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The application for continuance of the interlocutory injunctive relief granted on 4 May 2012 is dismissed.

2.The applicant is to file forthwith its originating application.

3.The proceedings are adjourned to 9.30am on 16 May 2012 for directions.

4.No order as to costs.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
FAIR WORK DIVISION	QUD 231 of 2012

BETWEEN:	CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION Applicant
AND:	DOWNER EDI ENGINEERING POWER PTY LIMITED Respondent

JUDGE:	LOGAN J
DATE:	9 MAY 2012
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. On 4 May 2012, a Mr Eddie Allen, was dismissed from his employment with the respondent, Downer EDI Engineering Power Proprietary Limited (Downer EDI).  The occasion for the dismissal was the reaching of a conclusion by Downer EDI, by its project manager, Mr Paul Hopkins, that on 2 May 2012 Mr Allen had engaged in conduct at a residential camp at Nebo Junction in central Queensland relative to another employee, a Mr Robert Taylor, that warranted his summary dismissal. 

2. Later that day and in circumstances of some urgency, Mr Allen’s union, the applicant, Construction Forestry Mining and Energy Union, sought, on an ex parte basis, interim injunctive relief relative to that dismissal.  Such relief was granted, returnable on the first…