Construction, Forestry, Mining and Energy Union v McCorkell Constructions Pty Ltd (No 2)

The Construction, Forestry, Mining and Energy Union initiated proceedings against McCorkell Constructions Pty Ltd, contending that the latter violated the Code by engaging in unlawful industrial practices. The Federal Court of Australia presided over the expedited trial, which was heard alongside another related case with similar issues. This judgment is independent and does not require reference to the other judgment.

The primary legal issues the court needed to decide involved whether McCorkell Constructions Pty Ltd contravened the Code by engaging in industrial activities that pressured or coerced other parties, and whether these actions breached the industrial relations principles set out in the National Code. The court also had to determine if the provisions of the Code were enforceable under federal law and if they applied to the facts of the case.

The court examined the National Code and the Code established by the State of Victoria, focusing on the industrial relations principles that apply to construction projects. The court found that McCorkell Constructions Pty Ltd had engaged in activities that pressured or coerced other parties, thereby contravening the principles set out in the Code. The court held that these principles were intended to be a minimum standard and that the Code was enforceable under federal law. Consequently, the court ruled in favour of the Construction, Forestry, Mining and Energy Union, finding that McCorkell Constructions Pty Ltd had breached the Code.

The court ordered McCorkell Constructions Pty Ltd to comply with the terms of the Code and to refrain from similar activities in the future. The judgment emphasised the importance of adhering to the industrial relations principles outlined in the Code to ensure fair and lawful practices in the construction industry.