Mudginberri Station Pty Ltd v Australasian Meat Industry Employees Union [1985] FCA 356

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CATCHWORDS Trade Practices - secondary boycott - industrial action - picket line - no employees on picket line - dominant purpose of conduct - unrelated to employees' conditions of employment - whether defence under s.45D(3)(b) - injunction granted

Trade Practices Act 1974, s. 45D (1), (2) and (3)

MUDGINBERRI_ STATION PTY. LIMITED v. THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION; JACK O'TOOLE; TREVOR SURPLICE; DICK ANNEAR; PAT ROUGHAN; MEAT INSPECTORS ASSOCIATION; GORDON McCOLL; ALEX THOMPSON

No. G 123 of 1985

Morling J. 12 July 1985

Darwin .

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IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G123 of 1985

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GENERAL DIVISION

BETWEEN : MUDGINBERRI STATION PTY. LIMITED Applicant AND: THE AUSTRALASIAN MEAT INDUSTRY

EMPLOYEES UNION First Respondent

AND: JACK 0' TOOLE Second Respondent

AND: ' TREVOR SURPLICE Third Respondent

AND: DICK ANNEAR Fourth Respondent

AND: PAT ROUGHAN Fifth Respondent

AND: MEAT. INSPECTORS ASSOCIATION Sixth Respondent

AND: GORDON McCOLL Seventh Respondent

AND: ALEX THOMPSON Eighth Respondent

MINUTES OF ORDER JUDGE MAKING ORDER 3 Morling J.

DATE OF ORDER : 12 July 1985

WHERE MADE : Darwin

THE COURT ORDERS AS FOLLOWS:

1. That the first, second, third, fourth and fifth

respondents and each of them be restrained by

themselves, their servants and agents from imposing, maintaining, giving effect to or enforcing any ban on the provision of goods or services to the applicant at the Mudginberri Abattoirs ("the abattoirs") or from setting up or maintaining any picket line at or in the vicinity of the abattoirs where any such ban or picket line has as one of its purposes and would have or be likely to have the effect of preventing or hindering the ordinary day to day activities and operations of

the abattoirs business including:

(a) the carrying out of works of maintenance and