Master Builders Australia Limited v Construction, Forestry, Mining and Energy Union

Master Builders Australia Limited appealed a decision made by Deputy President Gostencnik at Melbourne on 6 March 2018 in matter number D2017/5, concerning a dispute involving the Construction, Forestry, Mining and Energy Union. The appeal was brought against a decision made by the Fair Work Commission, which had found that the Master Builders Australia Limited had contravened section 341 of the Fair Work Act 2009 (Cth) by engaging in protected industrial action in a manner that was not consistent with the requirements of that section. The Union had engaged in protected action in the form of a strike and a lock-out, which led to the dispute.

The central legal issue in this case was whether the Master Builders Australia Limited had contravened section 341 of the Fair Work Act 2009 (Cth) by engaging in protected industrial action in a manner that was not consistent with the requirements of that section. The court was required to determine whether the Master Builders Australia Limited had acted reasonably in the circumstances and whether the action taken was proportionate to the circumstances of the dispute. The Union argued that the Master Builders Australia Limited had not acted reasonably and had breached the provisions of the Fair Work Act 2009 (Cth).

The court found that the Master Builders Australia Limited had not contravened section 341 of the Fair Work Act 2009 (Cth) by engaging in protected industrial action in a manner that was not consistent with the requirements of that section. The court held that the Master Builders Australia Limited had acted reasonably in the circumstances and that the action taken was proportionate to the circumstances of the dispute. The court found that the Union had not provided sufficient evidence to establish that the Master Builders Australia Limited had acted unreasonably or in breach of the provisions of the Fair Work Act 2009 (Cth). The appeal was therefore dismissed.

The court found no grounds for overturning the decision of Deputy President Gostencnik and upheld the original decision. The Union's claim was dismissed, and the Master Builders Australia Limited was not found to have contravened section 341 of the Fair Work Act 2009 (Cth). The Union's appeal was dismissed with costs.