Flower Davies Wemco Pty Ltd & Anor v. Plumbers & Gasfitters Union of Australia & Anor [1986] FCA 594

Flower Davies Wemco Pty Ltd & Anor v. Plumbers & Gasfitters Union of Australia & Anor [1986] FCA 594

There was sufficient evidence to support a serious question to be tried that the respondents’ conduct, in concert, hindered the supply of services to the applicant corporation, with the purpose and likely effect of causing substantial loss or damage to the applicant’s business, thus potentially contravening s.45D of the Trade Practices Act. The balance of convenience overwhelmingly favoured the applicant, as the respondents had not demonstrated real prejudice from the injunction, while the applicant faced interruption to contract performance, delay in payment, and reputational harm. Notification of the dispute to the industrial commission did not in this case warrant declining...

Parties
Applicant: Flower Davies Wemco Pty Ltd; First Respondent: The Australian Builders Labourers' Federated Union of Workers WA Branch; Second Respondent: The Plumbers and Gasfitters Employees Union of Australia; Third Respondent: The Federated Engine Drivers' and Firemen's Union
Jurisdiction
Australia
Judgment Date
03 December 1986
Procedural Posture
Application for Interlocutory Injunction / Interlocutory (application for Interim Relief Pending Final Hearing)
Outcome
Interlocutory injunction granted (pending final determination or further order)
Legal Topics
Secondary Boycotts, Interlocutory Injunctions, Section 45 D Trade Practices Act, Industrial Disputes, Balance of Convenience
Trade Practices Industrial Law Secondary Boycotts Interlocutory Injunctions Section 45 D Trade Practices Act Industrial Disputes Balance of Convenience

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Parties

Flower Davies Wemco Pty Ltd

Applicant

The Australian Builders Labourers' Federated Union of Workers WA Branch

First Respondent

The Plumbers and Gasfitters Employees Union of Australia

Second Respondent

The Federated Engine Drivers' and Firemen's Union

Third Respondent

Procedural Posture

Application for Interlocutory Injunction / Interlocutory (application for Interim Relief Pending Final Hearing)

Legal Issues

  1. 1 Whether the respondents engaged in a secondary boycott in contravention of s.45D of the Trade Practices Act 1974
  2. 2 Whether there is a serious question to be tried under s.45D
  3. 3 Whether the applicant would suffer substantial loss or damage if conduct continued

Ratio Decidendi

There was sufficient evidence to support a serious question to be tried that the respondents’ conduct, in concert, hindered the supply of services to the applicant corporation, with the purpose and likely effect of causing substantial loss or damage to the applicant’s business, thus potentially contravening s.45D of the Trade Practices Act. The balance of convenience overwhelmingly favoured the applicant, as the respondents had not demonstrated real prejudice from the injunction, while the applicant faced interruption to contract performance, delay in payment, and reputational harm. Notification of the dispute to the industrial commission did not in this case warrant declining...

Court Disposition

Interlocutory injunction granted (pending final determination or further order)

Orders

  • The First and Second Respondents and each of them are restrained by themselves, their servants and agents from imposing, maintaining, giving effect to or enforcing any ban on the provision by any person of goods or services to the Applicant at the Australian Institute of Management premises in Floreat Park where...
  • Liberty to any Respondent to apply to discharge or vary the injunction.