Campbell, R. v. White Industries Pty Ltd & Ors [1987] FCA 16

Campbell, R. v. White Industries Pty Ltd & Ors [1987] FCA 16

The performance of work under a contract of service is not a 'service' within the meaning of s.45E of the Trade Practices Act 1974 as it is expressly excluded by s.4. None of the privileges or benefits alleged in the amended statements of claim constituted services acquired by the employer from the employee within the statute. As a result, the applications for interlocutory relief did not establish a breach of s.45E, and the requests for mandatory injunctions were refused.

Jurisdiction
Australia
Judgment Date
22 January 1987
Procedural Posture
Interlocutory Application / Dismissal of Application for Interlocutory Relief
Outcome
Application for interlocutory relief dismissed
Legal Topics
['interlocutory Mandatory Injunction' "definition of 'services' Under Trade Practices Act" 'union Membership Requirements' 'arrangements Contrary to S.45 E']
['trade Practices' 'employment Law'] ['interlocutory Mandatory Injunction' "definition of 'services' Under Trade Practices Act" 'union Membership Requirements' 'arrangements Contrary to S.45 E']

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Procedural Posture

Interlocutory Application / Dismissal of Application for Interlocutory Relief

Legal Issues

  1. 1 ["Whether performance of work under a contract of service is a 'service' for the purposes of s.45E of the Trade Practices Act 1974" 'Whether arrangements requiring union membership breach s.45E of the Trade Practices Act 1974' 'Whether an interlocutory mandatory injunction should be granted in employment disputes involving union membership']

Ratio Decidendi

The performance of work under a contract of service is not a 'service' within the meaning of s.45E of the Trade Practices Act 1974 as it is expressly excluded by s.4. None of the privileges or benefits alleged in the amended statements of claim constituted services acquired by the employer from the employee within the statute. As a result, the applications for interlocutory relief did not establish a breach of s.45E, and the requests for mandatory injunctions were refused.

Court Disposition

Application for interlocutory relief dismissed

Orders

  • ["Applicant to pay each respondent's costs of and incidental to the application for interim relief"]