Construction, Forestry, Mining and Energy Union v Gordonstone Coal Management Pty Ltd

The matter before the court was an application by the Construction, Forestry, Mining and Energy Union (CFMEU) against Gordonstone Coal Management Pty Ltd (Gordonstone) for interlocutory relief. The union sought an injunction to prevent Gordonstone from continuing its coal mining operations, arguing that the operations posed a significant environmental and social risk to nearby communities and the wider ecosystem. The court was required to determine whether the union had established a credible case warranting the injunction.

The primary legal issue before the court was whether the union had made out a strong case that warranted the grant of interlocutory relief. The court considered the well-established principles governing interlocutory injunctions, including the need for a credible case, irreparable harm, and a balance of convenience. The court also examined the evidence presented by both parties, including expert reports and affidavits, to assess the likelihood of the union's claims succeeding at trial.

After evaluating the evidence and submissions, the court found that the union had not established a strong case warranting the grant of interlocutory relief. The court determined that the union's claims were speculative and lacked sufficient evidence to support the grant of an injunction. The court also found that the balance of convenience favoured Gordonstone, as the granting of an injunction would have significant economic consequences for the company and its employees. Accordingly, the court dismissed the application for interlocutory relief.