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

Lend Lease Building Pty Ltd sued the Construction, Forestry, Mining and Energy Union over organising industrial action. The case was heard in the Federal Court of Australia. The central issue was whether the prohibition of organising industrial action under the Fair Work Act 2009 applied only to industrial action that had occurred or was occurring, or if it also covered industrial action that was organised but had not yet occurred. Specifically, the court had to determine if the mere organisation of industrial action, even if it did not eventuate, could be considered unlawful.

The court considered the legislative language of the Fair Work Act and its purpose, which was to maintain industrial peace and avoid disruptions in the workplace. The court concluded that the prohibition on organising industrial action was not limited to action that had already taken place or was currently happening, but also included action that was organised but had not yet occurred. This interpretation was consistent with the broader aim of the Act to prevent the organisation of industrial action that could potentially disrupt industrial harmony.

In light of the court's interpretation, it found that the Construction, Forestry, Mining and Energy Union had engaged in unlawful conduct by organising industrial action, even though the action itself had not yet taken place. The court issued an injunction against the union, preventing them from continuing to organise the industrial action. This decision underscored the importance of preventing the potential disruption of industrial peace through the organisation of industrial action, regardless of whether it had materialised.