Federal Court of Australia
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IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) VG No. 172 of 1981 ) )
GENERAL DIVISION
In the matter of The Trade Practices Act 1974.
Between: PIONEER CONCRETE (AUSTRALIA) PTY. LTD.
(Applicants)
And: JOE MARRA & ORS.
(Respondents)
Coram: Smithers J.
14 October 1981
Melbourne
REASONS FOR JUDGMENT
In this case I feel satisfied that the case for the applicant has been established. It depends on the following line of reasoning. What the applicants have to establish is that the respondents have engaged in conduct of a particular kind and it has to be conduct that hindered the acquisition of goods by the potential customers of the applicant (Pioneer) from Pioneer.
See Section 45D(1) of the Trade Practices Act 1974 (the Act).
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Broadly the situation seems to be that there is a dispute between the Cartage Contractors Association (C.C.A.) and Pioneer and between the former owner/drivers'of Pioneer with Pioneer arising out of a decision by Pioneer to cease to deal with the respondents as owner/drivers and to require them, if they desired continued engagement, to accept engagement as employees. The respondents and the C.C.A., being unwilling to agree to this change of terms of engagement, refused the offer that the respondents be employees and in due course the respondent ceased to have any relationship with Pioneer because Pioneer
determined that relationship.
The C.C.A. and the respondents did know that the
Builders Labourer
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Federation (B.1.T.) had policy that the
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members of the B.L.F. would never handle goods which had passed a picket line. C.C.A. had had some doubt as to whether they themselves, that is the C.C.A., would be regarded by the B.L.F. as an organization whose picket lines would be regarded as being within this policy. That was a matter which apparently Mr. David had resolved satisfactorily to the C.C.A. in some conversation with the secretary of the B.L.F. who led him to believe
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