Flower Davies Wemco Pty Ltd & Anor v. Plumbers & Gasfitters Union of Australia & Anor [1986] FCA 594

Trade Practices - secondary boycott - application for interlocutory injunction - applicant contracted to carry cut work on building project - alleged ban by first and second respondents on installation of equipment by contractors engaged by applicant - whether in contravention of s.45D of Trade Practices Act - summary of relevant principles - whether serious question to be tried - alleged detriment to applicant if ban allowed to continue - balance of convenience - relevant conduct the subject of a notification to Conciliation and Arbitration Commission - whether a relevant factor in the exercise by the Court of its discretion

to grant the relief sought.

Trade Practices Act 1974 ss. 45D, 80, 80AA

FLOWER DAVIES WEMCO PTY LTD and THE AUSTRALIAN BUILDERS LAROURERS' FEDERATED UNION OF WORKERS WA BRANCH v THE PLUMBERS AND GASFITTERS EMPLOYEES UNION OF AUSTRALIA and THE FEDERATED ENGINE DRIVERS' AND FIREMEN'S UNION

No. WA G118 of 1986

FRENCH ¢. , PERTH ~ 3 DECEMBER 1986

OP AUSTPALIA WESTERN AUS'TRALIA OISTRICT REGISTRY GENERAL DIVISTON

BETWEEN : PLOWER DAVIES WEMCO PTY LTD

Applicant and THE AUSTRALIAN BUILDERS LABOURERS' FEDERATED UNION OF WORKERS WA BRANCH First Respondent

and

THE PLUMBERS AND GASFITTERS EMPLOYEES UNION OF AUSTRALIA

Second Respondent

and

THE FEDERATED ENGINE DRIVERS' AND FIREMEN'S UNION

Third Respondent MINUTE OF PROPOSED ORDER

?

Judge Making Order : FRENCH J. Date of Order : 3rd December 1986 Where Made : Perth

THE COURT ORDERS THAT upon the Applicant having undertaken to pay to any party adversely affected by the interlocutory injunction such compensation (if any) as the Court thinks just in such manner

as the Court directs:

NOTE:

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Puribop op@e. shir et rould fucert ce vir, the SF

Re Fad

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spondent and Second Respondent and each of them be restrained by themselves their servants and agents from imposing waintainzng giving effect to or enforcing any ban on the provision by any person of goods or services to the Applicant at the oremises of the Australian Institute of Management on the corner of Underwood and Birkdale Streets in Floreat Park where any such ban has the purpose and would have or be likely to have the effect of preventing or hindering the acquisition of services by the Applicant from any other person being the lifting of an air handling unit and condensing unit