Concrete Constructions (NSW) Pty Ltd v Australian Building Construction Employees & Builders Labourers Federation & Ors [1988] FCA 461

Concrete Constructions (NSW) Pty Ltd v Australian Building Construction Employees & Builders Labourers Federation & Ors [1988] FCA 461

The BLF representatives, except for Matchett, repeatedly trespassed on construction sites under the applicant's exclusive possession and their conduct, in concert and with the authority of the unions, was engaged in for the purpose, among others, of causing substantial loss or damage to the applicant's business, contravening section 45D(1) of the Trade Practices Act. The Federal and State Unions (and their members) may be bound via representative proceedings. The applicant was entitled to relief in trespass and under the Trade Practices Act against all but the first and eighth respondents.

Parties
Applicant: Concrete Constructions (NSW) Pty. Limited; First Respondent: Australian Building Construction Employees' and Builders Labourers' Federation; Second Respondent: Building Construction Employees' and Builders Labourers' Federation of New South Wales; Third Respondent: Steve Black; Fourth Respondent: William Ross Heffernan; Fifth Respondent: Douglas Siddons; Sixth Respondent: David Croden; Seventh Respondent: Larry Gaines; Eighth Respondent: William Matchett; Ninth Respondent: Zelko Joseph Maric; Tenth Respondent: Terence Doyle; Eleventh Respondents: Norman Leslie Gallagher, Steve Black, and William Matchett representing all members of the unincorporated association known as the Australian Building Construction Employees' and Builders Labourers' Federation
Jurisdiction
Australia
Judgment Date
25 August 1988
Procedural Posture
Civil / Judgment After Final Hearing
Outcome
Application allowed in part; relief granted against all respondents except first and eighth respondents; application dismissed against first and eighth respondents.
Legal Topics
Secondary Boycott, Trespass to Land, Civil Procedure—unincorporated Associations, Right to Sue in Trespass, Interpretation of 'person' and 'body Corporate' Under Trade Practices Act
Trade Practices Torts Industrial Law Secondary Boycott Trespass to Land Civil Procedure—unincorporated Associations Right to Sue in Trespass Interpretation of 'person' and 'body Corporate' Under Trade Practices Act

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Parties

Concrete Constructions (NSW) Pty. Limited

Applicant

Australian Building Construction Employees' and Builders Labourers' Federation

First Respondent

Building Construction Employees' and Builders Labourers' Federation of New South Wales

Second Respondent

Steve Black

Third Respondent

William Ross Heffernan

Fourth Respondent

Douglas Siddons

Fifth Respondent

David Croden

Sixth Respondent

Larry Gaines

Seventh Respondent

William Matchett

Eighth Respondent

Zelko Joseph Maric

Ninth Respondent

Terence Doyle

Tenth Respondent

Norman Leslie Gallagher, Steve Black, and William Matchett representing all members of the unincorporated association known as the Australian Building Construction Employees' and Builders Labourers' Federation

Eleventh Respondents

Procedural Posture

Civil / Judgment After Final Hearing

Legal Issues

  1. 1 Whether members and representatives of the BLF trespassed on construction sites in possession of the applicant
  2. 2 Whether conduct of the respondents breached section 45D(1) of the Trade Practices Act 1974 by engaging in a secondary boycott
  3. 3 Whether an unincorporated association can be sued and whether representative proceedings are appropriate under the Federal Court Rules, Order 6, rule 13

Ratio Decidendi

The BLF representatives, except for Matchett, repeatedly trespassed on construction sites under the applicant's exclusive possession and their conduct, in concert and with the authority of the unions, was engaged in for the purpose, among others, of causing substantial loss or damage to the applicant's business, contravening section 45D(1) of the Trade Practices Act. The Federal and State Unions (and their members) may be bound via representative proceedings. The applicant was entitled to relief in trespass and under the Trade Practices Act against all but the first and eighth respondents.

Court Disposition

Application allowed in part; relief granted against all respondents except first and eighth respondents; application dismissed against first and eighth respondents.

Orders

  • Second, third, fourth, fifth, sixth, seventh, ninth, and tenth respondents permanently restrained from entering on the scheduled sites and buildings under construction.
  • Eleventh respondents (as representing all members of the BLF) permanently restrained from entering on the scheduled sites and buildings under construction.