F H Transport Pty Ltd & Anor v Transport Workers' Union of Australia & Ors [1997] FCA 567

F H Transport Pty Ltd & Anor v Transport Workers' Union of Australia & Ors [1997] FCA 567

Industrial action engaged in by a union is only 'protected action' within s 170ML(2) of the Workplace Relations Act 1996 (Cth) if it is taken solely for the purpose, de minimis considerations apart, of supporting claims against the relevant employer with whom the union is negotiating. The evidence here supports a strong arguable case that the TWU's actions were taken for multiple purposes, including coercing third parties such as the applicants, and thus fall outside the statutory protection. However, considering the undertaking provided and balance of convenience, an interlocutory injunction is refused.

Jurisdiction
Australia
Judgment Date
24 June 1997
Procedural Posture
Application for Interlocutory Injunction / Interlocutory
Outcome
Interlocutory injunction refused
Legal Topics
['secondary Boycott' 'protected Industrial Action' 'statutory Interpretation' 'interlocutory Injunctions' 'industrial Torts']
['trade Practices' 'employment and Industrial Relations'] ['secondary Boycott' 'protected Industrial Action' 'statutory Interpretation' 'interlocutory Injunctions' 'industrial Torts']

Case Brief

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory

Legal Issues

  1. 1 ["Whether the industrial action by the TWU and its officials constitutes 'protected action' under s 170ML of the Workplace Relations Act 1996 (Cth)" 'Whether such action is immune from suit pursuant to s 170MT(2)' 'Whether the secondary boycott provisions of ss 45D and 45DB of the Trade Practices Act 1974 (Cth) are contravened' 'Whether an interlocutory injunction ought to issue given the balance of convenience']

Ratio Decidendi

Industrial action engaged in by a union is only 'protected action' within s 170ML(2) of the Workplace Relations Act 1996 (Cth) if it is taken solely for the purpose, de minimis considerations apart, of supporting claims against the relevant employer with whom the union is negotiating. The evidence here supports a strong arguable case that the TWU's actions were taken for multiple purposes, including coercing third parties such as the applicants, and thus fall outside the statutory protection. However, considering the undertaking provided and balance of convenience, an interlocutory injunction is refused.

Court Disposition

Interlocutory injunction refused

Orders

  • ["Application for interlocutory injunction refused upon first respondent's undertaking" 'General liberty to apply' 'Costs of and incidental to the application for interlocutory relief are reserved']