Wribass Pty Ltd & Swallow, John Edward & Australasian Meat Industry Employees' Union [1979] FCA 2

Wribass Pty Ltd & Swallow, John Edward & Australasian Meat Industry Employees' Union [1979] FCA 2

The imposition and implementation of the supply ban by Holman's employees, acting in concert, was done for the purpose of causing substantial loss and damage to the plaintiff's business so as to compel it to cease Saturday meat trading. This purpose was not substantially related to the remuneration, hours, or working conditions of Holman's employees. The union through Mr. Swallow encouraged, organised, and supported the conduct, taking no reasonable steps to prevent it, and is to be deemed to have acted in concert. Mr. Swallow aided and abetted the contravention. Substantial loss was caused. The statutory exception and defences did not apply.

Parties
Plaintiff: Wribass Pty. Ltd.; Defendants: John Swallow and Australasian Meat Industry Employees Union (Tasmanian Branch)
Jurisdiction
Australia
Judgment Date
06 February 1979
Procedural Posture
Trial / Final Orders After Interlocutory Injunction and Substantive Hearing
Outcome
Perpetual injunction granted; costs to plaintiff; questions of damages or penalty adjourned
Legal Topics
Secondary Boycott, Trade Practices Act S.45 D, Injunctions, Union Conduct and Industrial Action, Aiding and Abetting
Competition Law Industrial Law Secondary Boycott Trade Practices Act S.45 D Injunctions Union Conduct and Industrial Action Aiding and Abetting

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Parties

Wribass Pty. Ltd.

Plaintiff

John Swallow and Australasian Meat Industry Employees Union (Tasmanian Branch)

Defendants

Procedural Posture

Trial / Final Orders After Interlocutory Injunction and Substantive Hearing

Legal Issues

  1. 1 Whether the defendants engaged in conduct contravening s.45D(1) of the Trade Practices Act 1974 by hindering or preventing supply of goods to the plaintiff for the proscribed purpose.
  2. 2 Whether the dominant purpose of the conduct was substantially related to employees' hours or conditions of work such as to provide a statutory exception.
  3. 3 Whether the union is to be deemed to have acted in concert per s.45D(5).

Ratio Decidendi

The imposition and implementation of the supply ban by Holman's employees, acting in concert, was done for the purpose of causing substantial loss and damage to the plaintiff's business so as to compel it to cease Saturday meat trading. This purpose was not substantially related to the remuneration, hours, or working conditions of Holman's employees. The union through Mr. Swallow encouraged, organised, and supported the conduct, taking no reasonable steps to prevent it, and is to be deemed to have acted in concert. Mr. Swallow aided and abetted the contravention. Substantial loss was caused. The statutory exception and defences did not apply.

Court Disposition

Perpetual injunction granted; costs to plaintiff; questions of damages or penalty adjourned

Orders

  • The defendants and each of them (including, in the case of the union, by its members, officers or servants) are perpetually restrained from engaging in or aiding any concerted conduct for the purpose of hindering or preventing the supply by S.P. Holman & Sons Pty. Ltd. to the plaintiff, or from imposing any ban on...
  • Defendants are restrained from aiding or inducing any person to hinder or prevent the plaintiff from obtaining meat products from S.P. Holman & Sons Pty. Ltd. for its business.