Ralan St Leonards Pty Ltd v Construction, Forestry, Mining and Energy Union

The matter before the court involved an application for interlocutory relief by Ralan St Leonards Pty Ltd against the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute arose from the CFMEU's alleged unlawful conduct in hindering access to the St Leonards premises of Ralan St Leonards. The court was tasked with determining whether the CFMEU's actions constituted unlawful picketing and if injunctive relief was necessary to prevent further obstruction and intimidation.

The primary legal issues revolved around the interpretation and application of the Fair Work Act 2009 (Cth) concerning the distinction between lawful protest and unlawful picketing. Additionally, the court had to assess whether the actions of the CFMEU constituted a physical obstruction or impediment to the lawful delivery of materials to the construction site, and whether such conduct exposed workers to intimidation and abuse, thereby unlawfully impeding their access to the site. The court also needed to consider the balance of convenience to determine whether relief should be granted.

The court found that there was a serious question to be tried regarding whether the CFMEU's actions crossed the line into unlawful conduct. It concluded that the CFMEU's actions, if proven, impeded the lawful delivery of materials to the site and exposed workers to intimidation and abuse, thereby unlawfully impeding their access. The balance of convenience clearly favoured granting relief, and no discretionary reasons were presented to decline the relief. Consequently, the court issued an injunction restraining the CFMEU from organising, continuing, or threatening to organise any physical obstruction or impediment to the free movement of goods or people to and from Ralan St Leonards' premises at St Leonards. Costs were reserved for a later determination.

The court's orders were that, until further order, the CFMEU was restrained by its servants or agents from engaging in any physical obstruction or impediment to the free movement of goods or people to and from the applicant's premises. Additionally, costs were reserved for a later determination.