P G & L J Smith Plant Hire Pty Ltd v Lanskey Constructions Pty Ltd [2004] FCA 1618

FEDERAL COURT OF AUSTRALIA

PG & LJ Smith Plant Hire Pty Ltd v Lanskey Constructions Pty Ltd [2004] FCA 1618 INDUSTRIAL LAW – Freedom of association – Alleged termination of contract with independent contractor, or prejudicial alteration of position of independent contractor, for a prohibited reason – Alleged prohibited reason that independent contractor is not, or does not propose to become, a union member – Whether that reason is established in fact – Application of that reason to corporate independent contractor – Alleged discriminatory conduct in relation to eligible person – Whether there was such conduct – Application of that provision to corporate independent contractor. TRADE PRACTICES – Alleged arrangement or understanding to prevent acquisition of services – Whether there was such an arrangement or understanding.

Workplace Relations Act 1996 (Cth) ss 298K(2), 298L(1)(b), 298S(2) Trade Practices Act 1974 (Cth) s 45E P G & L J SMITH PLANT HIRE PTY LTD, PETER GLANVILLE SMITH, NIGEL HADGKISS v LANSKEY CONSTRUCTIONS PTY LTD, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, PETER PRIMMER, MICHAEL LANE NSD 330 of 2004 WILCOX J 17 DECEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 330 of 2004

BETWEEN: P G & L J SMITH PLANT HIRE PTY LTD

FIRST APPLICANT

PETER GLANVILLE SMITH

SECOND APPLICANT

NIGEL HADGKISS

THIRD APPLICANT

AND: LANSKEY CONSTRUCTIONS PTY LTD

FIRST RESPONDENT

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

SECOND RESPONDENT

PETER PRIMMER

THIRD RESPONDENT

MICHAEL LANE

FOURTH RESPONDENT JUDGE: WILCOX J

DATE OF ORDER: 17 DECEMBER 2004