Alcan Australia Ltd v. Australian Building Construction Employees & Builders Labourers Federation & Ors [1984] FCA 112

: \a4 JUDGMENT No. saat mal Sout

X CATCHWORDS

- TRADE PRACTICES — Secondary boyeott — interlocutory proceedings -- whether

interlocutory orders should be granted — 'balance of convemence!' — adjournment for short

tuume pending coneiliation procecdings.

CONCILIATION AND ARBITRATION — relationship between s.45D Trade Practices Act

and Coneihation and Arbitration Act — How President of the Concilation and Arbitration

Commission may otherwise 'become aware' -- whether Judge of the Court may act to

make President aware.

Trade Practices Act 1974 ss 45D, 80

Coneihation and Arbitration Act 1904, s 88DC(1)(e)

ALCAN AUSTRALIA LIMITED v AUSTRALIAN BUILDING CONSTRUCTION

EMPLOYEES AND BUILDERS LABOURERS' FEDERATION & ORS

No G109 of 1984

KIRBY J

6 APRIL 1984

SYDNEY

IN LHe Fs Dan AL COURT Or AUptRALIA )

'nifW SOUTH WALES DISTRICT REGISTRY ) G109 of 1984 ,

GENERAL DIVISION ' ) '

. a

BETWEEN:

ALCAN AUSTRALIA LIMITED

Applicant AND: AUSTRALIAN BUILDING CONSTRUCTION EMPLOYEES AND BUILDERS LABOURERS' |

FEDERATION First Respondent NORMAN GALLAGHER Second Respondent NORMAN RUST Third Respondent NORMAN WALLACE Fourth Respondent .

STEVE BLACK Fifth Respondent -

HARRY NOWICKI -

Sixth Respodent -

CORAM: Kirby J

6 April 1984

REASONS FOR JUDGMENT

In this matter the Appheant seeks rehef under s.45D of the Trade Practices Act

1974 in respect of certain conduct by the First Respondent (which I shall call the BL) and

its officers and members. The situation disclosed by the evidence is very serious indeed, not least because of evidence of violence as recently as today at the Applicant's Granville plant and yesterday in the offices of the Applicant's solicitors. Such conduct is to be deplored. I shall say no more about those events as the Respondents may be ignorant of them. The Respondents were not represented before me, although it is clear that some at