Roberts, J.T. v Murlar Pty Ltd & Ors [1986] FCA 185

RECEIVED 'eS 15 MAY 1986 =

PIDERAL COUNT OF

AUBIT A PRINZ ingy Besar IN THE FEDERAL COURT OF AUSTRALIA "is. _. "<\ > NEW SOUTH WALES DISTRICT REGISTRY i nn GENERAL DIVISION No. G164 of 1986

IN THE MATTER of the Trade Practices Act 1974

BETWEEN :

John Thomas Roberts Applicant

AND:

Murlar Pty Limited First Respondent

The Building Workers' Industrial Union of Australia

Second Respondent Mario Alberic1

Third Respondent

Lew Zivanovich

Fourth Respondent

CORAM Evatt J. 5 May 1986

REASONS FOR EXTEMPORE JUDGMENT

On 30 April 1986, the applicant, John Thomas Roberts sought ex

parte orders under the rules of court abridging time for a directions hearing of the application and statement of claim filed herein and for the hearing of his claim for interlocutory

relief therein referred to.

ta

The Court being satisfied that those hearings should he expedited, ordered that the matter he [faxed for directions 9.30 amon Friday, 2 May 1986 and that the claim for interlocutory relief be then heard. Orders as to service and the fixina of

that date for the return date of subpoenas were also made.

In brief the application and statement of claim herein alleged a contravention by the first-named respondent being the employer of the applicant and the second-named respondent, namely the Building Workers' Industrial Union of Australia (BWIU)., an organisation registered under the Conciliation and Arbitration Act 1904 of paragraph 45E(1)(c) of the Trade Practices Act 1974

(the Act).

It 13 claimed that the third-named respondent holds an official position within the BWIU and was its job steward at the applicant's place of employment. The fourth-named respondent is the person whom it 1s claimed gave directions on behalf of the employer to the applicant as to the work he was required to do at

his place of work. Section 45E(1)(c) reads: