McNamara, E.J. v Leighton Contractors Pty Ltd & Ors [1987] FCA 15

McNamara, E.J. v Leighton Contractors Pty Ltd & Ors [1987] FCA 15

The Court held that the 'services' allegedly acquired by employers from employees in the context of these cases were the performance of work under a contract of service, which is expressly excluded from the definition of 'services' under s.45E of the Trade Practices Act 1974. Additionally, other alleged rights or privileges identified by the applicants did not constitute 'services' acquired from employees under the Act. Consequently, no cause of action for breach of s.45E was disclosed, and the applications for interlocutory relief were dismissed.

Parties
Applicant: Edward Joseph McNamara; Respondents: Leighton Contractors Pty Limited and Others
Jurisdiction
Australia
Judgment Date
22 January 1987
Procedural Posture
Interlocutory Application Under Trade Practices Act 1974 S 45 E(1) / Application for Interlocutory Relief (interim Orders) and Reasons for Judgment
Outcome
Application for interlocutory relief dismissed; costs ordered against the applicant.
Legal Topics
S.45 E(1) Definition of Services, Interlocutory Injunctions, No Ticket No Start Policy, Union Membership as Condition of Employment
Trade Practices Employment Law Industrial Relations S.45 E(1) Definition of Services Interlocutory Injunctions No Ticket No Start Policy Union Membership as Condition of Employment

Case Brief

Summary, issues, holding and outcome

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Parties

Edward Joseph McNamara

Applicant

Leighton Contractors Pty Limited and Others

Respondents

Procedural Posture

Interlocutory Application Under Trade Practices Act 1974 S 45 E(1) / Application for Interlocutory Relief (interim Orders) and Reasons for Judgment

Legal Issues

  1. 1 Whether the performance of work under a contract of service is a 'service' under s.45E(1) of the Trade Practices Act 1974
  2. 2 Whether employers acquired 'services' from employees within the meaning of the Act
  3. 3 Whether arrangements preventing employment without union membership breach s.45E(1)

Ratio Decidendi

The Court held that the 'services' allegedly acquired by employers from employees in the context of these cases were the performance of work under a contract of service, which is expressly excluded from the definition of 'services' under s.45E of the Trade Practices Act 1974. Additionally, other alleged rights or privileges identified by the applicants did not constitute 'services' acquired from employees under the Act. Consequently, no cause of action for breach of s.45E was disclosed, and the applications for interlocutory relief were dismissed.

Court Disposition

Application for interlocutory relief dismissed; costs ordered against the applicant.

Orders

  • The application for interlocutory (interim) relief in each matter is dismissed.
  • The applicant to pay each respondent's costs of and incidental to the application for interim relief.