Australian Building Construction Employees and Builders Labourers Federation & Ors v Honourable Robert Ian Viner who sues as Minister of State for Industrial Relations & Ors [1982] FCA 327

Australian Building Construction Employees and Builders Labourers Federation & Ors v Honourable Robert Ian Viner who sues as Minister of State for Industrial Relations & Ors [1982] FCA 327

The particularized Statement of Charge was sufficient as against the Federation and Gallagher to permit findings of contempt for their acts and statements pressuring withdrawal or discouragement of witnesses in deregistration proceedings. Statements by Gallagher at the compulsory conference were admissible. However, as against Boyd, the particulars were not sufficient to support a finding, and his conviction was set aside. The penalty for the Federation was not excessive. Personal findings against Gallagher and Boyd could not stand where the charge was not distinctly particularized against them.

Parties
Appellant/respondent: The Australian Building Construction Employees' and Builders' Labourers' Federation; Appellant/respondent: Norman L. Gallagher; Appellant/respondent: B. Boyd; Respondent/applicant: The Honourable Robert Ian Viner (Minister of State for Industrial Relations); Respondent/applicant: Australian Federation of Construction Contractors; Respondent/applicant: Master Builders' Federation of Australia Incorporated; Respondent/applicant: Master Builders' Association of New South Wales; Respondent/applicant: Master Builders' Association of Victoria; Respondent/applicant: Master Builders' Association of South Australia (Incorporated); Respondent/applicant: Master Builders' Association of the Australian Capital Territory; Respondent/applicant: Master Builders' Association of Western Australia (Union of Employers Perth)
Jurisdiction
Australia
Judgment Date
21 July 1982
Procedural Posture
Appeal / Judgment on Appeal From a Single Judge of the Federal Court
Outcome
Appeal allowed in part: Conviction and sentence of Gallagher and Boyd set aside; conviction and penalty for the Federation affirmed.
Legal Topics
Contempt of Court, Particularization of Charges, Penalty for Contempt, Admissibility of Statements Made During Compulsory Conferences, Union Deregistration Proceedings
Industrial Law Criminal Contempt Contempt of Court Particularization of Charges Penalty for Contempt Admissibility of Statements Made During Compulsory Conferences Union Deregistration Proceedings

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Parties

The Australian Building Construction Employees' and Builders' Labourers' Federation

Appellant/respondent

Norman L. Gallagher

Appellant/respondent

B. Boyd

Appellant/respondent

The Honourable Robert Ian Viner (Minister of State for Industrial Relations)

Respondent/applicant

Australian Federation of Construction Contractors

Respondent/applicant

Master Builders' Federation of Australia Incorporated

Respondent/applicant

Master Builders' Association of New South Wales

Respondent/applicant

Master Builders' Association of Victoria

Respondent/applicant

Master Builders' Association of South Australia (Incorporated)

Respondent/applicant

Master Builders' Association of the Australian Capital Territory

Respondent/applicant

Master Builders' Association of Western Australia (Union of Employers Perth)

Respondent/applicant

Procedural Posture

Appeal / Judgment on Appeal From a Single Judge of the Federal Court

Legal Issues

  1. 1 Whether the statements made by union officers in a compulsory conference were admissible in contempt proceedings
  2. 2 Whether the Statement of Charge was sufficiently particularized against the officers
  3. 3 Whether acts and statements constituted criminal contempt

Ratio Decidendi

The particularized Statement of Charge was sufficient as against the Federation and Gallagher to permit findings of contempt for their acts and statements pressuring withdrawal or discouragement of witnesses in deregistration proceedings. Statements by Gallagher at the compulsory conference were admissible. However, as against Boyd, the particulars were not sufficient to support a finding, and his conviction was set aside. The penalty for the Federation was not excessive. Personal findings against Gallagher and Boyd could not stand where the charge was not distinctly particularized against them.

Court Disposition

Appeal allowed in part: Conviction and sentence of Gallagher and Boyd set aside; conviction and penalty for the Federation affirmed.

Orders

  • Finding against the Federation for contempt affirmed; Federation to pay a fine of $15,000 by 30 July 1982.
  • Finding against Gallagher for contempt set aside; sentence of imprisonment set aside.