Concrete Constructions Pty Ltd & Anor v The Plumbers & Gasfitter [1987] FCA 164

Concrete Constructions Pty Ltd & Anor v The Plumbers & Gasfitter [1987] FCA 164

The court held that the respondent union wilfully disobeyed interlocutory orders by maintaining, giving effect to, and enforcing work bans proscribed by those orders. This was proven both by their failure to notify members the bans were lifted (an omission requiring positive action under the order) and by positive statements and conduct supporting the continuance of the bans. The statements of charge were sufficiently specific and compliant with the Federal Court Rules. The standard of proof for contempt was satisfied beyond reasonable doubt. The appropriate remedy was a fine for each breach and daily fines for any continuing breaches, with leave to issue writs of sequestration stayed...

Parties
First Applicant: CONCRETE CONSTRUCTIONS PTY LIMITED; Second Applicant: CONCRETE CONSTRUCTIONS (NSW) PTY LIMITED; Applicant: SABEMO PTY LIMITED; Applicant: LEIGHTON CONTRACTORS PTY LIMITED; Applicant: CIVIL & CIVIC PTY LIMITED; Applicant: WHITE INDUSTRIES LIMITED; Applicant: JENNINGS CONSTRUCTION LIMITED; Applicant: BARCLAY BROS PTY LIMITED; Applicant: JOHN HOLLAND CONSTRUCTIONS PTY LIMITED; First Respondent: THE PLUMBERS AND GASFITTERS EMPLOYEES' UNION OF AUSTRALIA; Second Respondent: GLEN BATCHELOR; Second Respondent: ROLAND ROBSON; Second Respondent: ALEXANDER SOMERVILLE; Second Respondent: DONALD CAMPBELL; Third Respondent: ALEX SOMERVILLE; Fourth Respondent: PAUL WAKEHAM
Jurisdiction
Australia
Judgment Date
06 April 1987
Procedural Posture
Civil Contempt Applications / Judgment After Hearing of Amended Notices of Motion for Contempt
Outcome
First Respondent in each case adjudged guilty of contempt for breach of orders; respondent's Notice of Motion to dismiss contempt proceedings dismissed; fines imposed for each breach and continuing breach; applicants given leave to issue writs of sequestration, with stays; respondent ordered to pay applicants'...
Legal Topics
Trade Unions—disobedience to Interlocutory Orders, Standard and Proof of Contempt, Sequestration Orders, Penalties for Contempt, Solicitor Client Costs
Industrial Law Contempt of Court Trade Unions—disobedience to Interlocutory Orders Standard and Proof of Contempt Sequestration Orders Penalties for Contempt Solicitor Client Costs

Case Brief

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Parties

CONCRETE CONSTRUCTIONS PTY LIMITED

First Applicant

CONCRETE CONSTRUCTIONS (NSW) PTY LIMITED

Second Applicant

SABEMO PTY LIMITED

Applicant

LEIGHTON CONTRACTORS PTY LIMITED

Applicant

CIVIL & CIVIC PTY LIMITED

Applicant

WHITE INDUSTRIES LIMITED

Applicant

JENNINGS CONSTRUCTION LIMITED

Applicant

BARCLAY BROS PTY LIMITED

Applicant

JOHN HOLLAND CONSTRUCTIONS PTY LIMITED

Applicant

THE PLUMBERS AND GASFITTERS EMPLOYEES' UNION OF AUSTRALIA

First Respondent

GLEN BATCHELOR

Second Respondent

ROLAND ROBSON

Second Respondent

ALEXANDER SOMERVILLE

Second Respondent

DONALD CAMPBELL

Second Respondent

ALEX SOMERVILLE

Third Respondent

PAUL WAKEHAM

Fourth Respondent

Procedural Posture

Civil Contempt Applications / Judgment After Hearing of Amended Notices of Motion for Contempt

Legal Issues

  1. 1 Whether the respondent union was in contempt of interlocutory orders restraining the maintenance of work bans
  2. 2 Sufficiency of statements of charge for contempt
  3. 3 Whether omission to act could constitute contempt under a negative order

Ratio Decidendi

The court held that the respondent union wilfully disobeyed interlocutory orders by maintaining, giving effect to, and enforcing work bans proscribed by those orders. This was proven both by their failure to notify members the bans were lifted (an omission requiring positive action under the order) and by positive statements and conduct supporting the continuance of the bans. The statements of charge were sufficiently specific and compliant with the Federal Court Rules. The standard of proof for contempt was satisfied beyond reasonable doubt. The appropriate remedy was a fine for each breach and daily fines for any continuing breaches, with leave to issue writs of sequestration stayed...

Court Disposition

First Respondent in each case adjudged guilty of contempt for breach of orders; respondent's Notice of Motion to dismiss contempt proceedings dismissed; fines imposed for each breach and continuing breach; applicants given leave to issue writs of sequestration, with stays; respondent ordered to pay applicants'...

Orders

  • Notice of Motion filed by the respondent union on 27 March 1987 be dismissed.
  • Respondent Plumbers and Gasfitters Employees' Union of Australia adjudged guilty of contempt of court in respect of its breach of each order made on 13 March 1987.