Lend Lease Building Pty Ltd v Construction, Forestry, Mining and Energy Union

Lend Lease Building Pty Ltd sought an injunction from the Fair Work Commission to prevent the Construction, Forestry, Mining and Energy Union (CFMEU) from engaging in industrial action at the Sunshine Coast University Hospital Site in Birtinya. The dispute centred on the CFMEU's alleged refusal to work on certain sections of the site, which Lend Lease claimed constituted unlawful industrial action under the Fair Work Act 2009. The Commission was tasked with determining the validity of Lend Lease's claims and whether the industrial action could be restrained.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act, particularly sections 387 and 388, which pertain to unlawful industrial action. The Commission had to decide whether the CFMEU's actions constituted unlawful industrial action, whether such actions were justified, and whether an injunction was warranted under the circumstances. Additionally, the Commission considered the evidence provided by both parties regarding the nature of the industrial action and its impact on the project.

The Commission found that the CFMEU's industrial action was not unlawful as it related to a genuine industrial dispute concerning the classification and entitlements of workers. The Commission held that the industrial action was lawful and justified under the Fair Work Act, as it was a response to the employer's refusal to negotiate in good faith. Consequently, the Commission dismissed Lend Lease's application for an injunction and determined that the CFMEU's actions were protected under the Act.

The Commission did not grant Lend Lease's application for an injunction and ruled that the CFMEU's industrial action was lawful. The Commission's decision emphasised the importance of good faith negotiations and the protection afforded to lawful industrial action under the Fair Work Act.