Alcan Australia Ltd v. Australian Building Construction Employees & Builders Labourers Federation & Ors [1984] FCA 112

Alcan Australia Ltd v. Australian Building Construction Employees & Builders Labourers Federation & Ors [1984] FCA 112

A sufficient case for interlocutory relief was made out; it is within the Court's power to make the President of the Conciliation and Arbitration Commission aware of a dispute under para 88DC(1)(e); immediate orders are necessary given the seriousness of the situation, subject to action by the Commission and...

Source-derived case information.

Parties
Applicant: ALCAN AUSTRALIA LIMITED; First Respondent: AUSTRALIAN BUILDING CONSTRUCTION EMPLOYEES AND BUILDERS LABOURERS' FEDERATION; Second Respondent: NORMAN GALLAGHER; Third Respondent: NORMAN RUST; Fourth Respondent: NORMAN WALLACE; Fifth Respondent: STEVE BLACK; Sixth Respondent: HARRY NOWICKI
Jurisdiction
Australia
Judgment Date
06 April 1984
Procedural Posture
Application for Interlocutory Orders / Interlocutory Proceedings
Outcome
Application stood over for further mention; President of Commission to be notified; orders made for filing and service of affidavits; costs reserved.
Legal Topics
Secondary Boycott, Interlocutory Injunctions, Demarcation Disputes, Conciliation Procedure
Trade Practices Conciliation and Arbitration Secondary Boycott Interlocutory Injunctions Demarcation Disputes Conciliation Procedure

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Parties

ALCAN AUSTRALIA LIMITED

Applicant

AUSTRALIAN BUILDING CONSTRUCTION EMPLOYEES AND BUILDERS LABOURERS' FEDERATION

First Respondent

NORMAN GALLAGHER

Second Respondent

NORMAN RUST

Third Respondent

NORMAN WALLACE

Fourth Respondent

STEVE BLACK

Fifth Respondent

HARRY NOWICKI

Sixth Respondent

Procedural Posture

Application for Interlocutory Orders / Interlocutory Proceedings

Legal Issues

  1. 1 Whether interlocutory orders should be granted for alleged contravention or threatened contravention of s.45D Trade Practices Act 1974
  2. 2 Whether the Court may make the President of the Australian Conciliation and Arbitration Commission aware of the dispute under s.88DC(1)(e)

Ratio Decidendi

A sufficient case for interlocutory relief was made out; it is within the Court's power to make the President of the Conciliation and Arbitration Commission aware of a dispute under para 88DC(1)(e); immediate orders are necessary given the seriousness of the situation, subject to action by the Commission and parties' filings.

Court Disposition

Application stood over for further mention; President of Commission to be notified; orders made for filing and service of affidavits; costs reserved.

Orders

  • President of the Australian Conciliation and Arbitration Commission to be notified of the dispute.
  • Registrar to notify the Minister for Employment and Industrial Relations.