Lee v Aerial Taxi Cabs Co-Operative Society Ltd [1999] FCA 1727

FEDERAL COURT OF AUSTRALIA

Lee v Aerial Taxi Cabs Co-operative Society Ltd [1999] FCA 1727 INDUSTRIAL LAW – application pursuant to s 127A of the Workplace Relations Act 1996 (Cth) ("the Act") on the ground that a contract between the applicant, a taxi driver, and the respondent, a co-operative society which operates the only taxi network in the Australian Capital Territory ("the Driver's Agreement") was unfair and harsh – by entering into the Driver's Agreement the applicant agreed to comply with the respondent's by-laws and disciplinary procedures in return, inter alia, for the use of its radio system – whether the Driver's Agreement was a "contract" for the purposes of s 127A of the Act in its own right or as collateral to a contract with the taxi owner RESTRAINT OF TRADE – whether the necessity for the applicant to subject himself to the by-laws of the respondent over which he had no control and to the respondent's disciplinary procedures constituted a restraint of trade – whether the restraint affords no more than adequate protection to the interests of the respondent Workplace Relations Act 1996 (Cth) s 127A(1) Motor Traffic Act 1936 (ACT) Taxi and Private Hire Car Regulations (ACT) Taxi Industry (Contract Drivers) Contract Determination 1984 (NSW) Finch v Herald & Weekly Times Ltd (1996) 65 IR 239, referred to Dillon v Gange (1941) 64 CLR 253, applied Northern District Radio Taxicab Co-operative Ltd v Commissioner of Stamp Duties [1975] 1 NSWLR 346, applied Commissioner of Taxation (Cth) v De Luxe Red & Yellow Cabs Co-operative (Trading) Society Ltd (1998) 82 FCR 507, applied Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16, referred to Queensland Co-operative Milling Association Ltd v Pamag Pty Ltd (1973) 133 CLR 260, cited Amoco Australia Pty Ltd v Rocca Bros Motor Engineering Co Pty Ltd (1973) 133 CLR 288, cited Adamson v NSW Rugby League Ltd (1991) 31 FCR 242, applied Buckley v Tutty (1971) 125 CLR 353, applied Eastham v Newcastle United Football Club Ltd [1964] 1 Ch 413, applied Peters (WA) Ltd v Petersville Ltd [1999] FCA 1245, applied McEllistrim v Ballymacelligot Co-operative Agricultural & Dairy Society Ltd [1919] AC 548, referred to