A & L Silvestri Pty Ltd v Construction, Forestry, Mining and Energy Union [2007] FCA 1047

FEDERAL COURT OF AUSTRALIA

A & L Silvestri Pty Ltd v Construction, Forestry, Mining and Energy Union [2007] FCA 1047

INDUSTRIAL LAW – union officials seeking to enter enterprise bargaining agreement under Div 2 of Pt VIB of the Workplace Relations Act with developer-contractor – threat of disruption to work and disruptive conduct with intent to coerce developer-contractor – whether unlawful, illegitimate or unconscionable pressure – liability of unions for conduct of officials

INDUSTRIAL LAW – freedom of association – whether false and misleading representation made about a person's obligation to join an industrial association

TRADE PRACTICES – restrictive trade practices – secondary boycotts – conduct of union officials which hindered or prevented services being acquired by contractor from subcontractor – subcontract terminated – whether with purpose or likely effect of injuring subcontractor – liability of unions for conduct of officials

TORT – inducing breach of contract – union officials inducing breach of contract for services made between contractor and subcontractor – union officials' knowledge of existence of contract – vicarious liability of unions for actions of its officials – nature of contract

WORDS AND PHRASES – "hindered or prevented", "intent to coerce", "unlawful, illegitimate or unconscionable"

Trade Practices Act 1974 (Cth), ss 4, 45D, 45DC, 75B Workplace Relations Act 1996 (Cth), Pt XA, ss 170NC, 298B, 298SC, 349

Allstate Life Insurance Company v Australia and New Zealand Banking Group Ltd (1995) 58 FCR 26 cited Ansett Transport Industries (Operations) Pty Ltd v Australian Federation of Air Pilots (1989) 95 ALR 211 cited Australian Broadcasting Commission v Parish (1980) 29 ALR 228; (1980) 43 FLR 129 cited Australian Builders' Labourers' Federated Union of Workers – Western Australian Branch v J-Corp Pty Limited (1993) 42 FCR 452applied Australian Building Construction Employees and Builders' Labourers' Federation v Employment Advocate (2001) 114 FCR 22 applied Australian Competition and Consumer Commission v IPM Operation and Maintenance Loy Yang Pty Ltd (2006) 157 FCR 162 cited Australian Workers' Union v BHP Iron-Ore Pty Ltd (2001) 106 FCR 482 cited BHP Iron Ore Pty Ltd v Australian Workers' Union (2000) 102 FCR 97 cited Building Workers' Industrial Union of Australia v Odco Pty Ltd (1991) 29 FCR 104applied Finance Sector Union of Australia v Commonwealth Bank of Australia (2000) 106 FCR 16 referred to Given v CV Holland (Holdings) Pty Ltd (1977) 15 ALR 439; (1977) 29 FLR 212cited Hadgkiss v Construction, Forestry, Mining and Energy Union (No 3) (2007) 160 IR 263; [2007] FCA 87 referred to Hadgkiss v Sunland Constructions Pty Ltd [2007] FCA 346 cited Hanley v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2000) 100 FCR 530 followed Harris v Digital Pulse Pty Ltd (2003) 56 NSWLR 298; (2003) 197 ALR 626cited Houghton v Arms (2006) 225 CLR 553cited J T Stratford & Son Ltd v Lindley [1965] AC 269 applied Jones v Dunkel (1959) 101 CLR 298referred to Laing v Construction, Forestry, Mining and Energy Union [2003] FCA 1018 cited Musca v Astle Corporation Pty Ltd (1988) 80 ALR 251 cited National Tertiary Education Industry Union v Commonwealth of Australia (2002) 117 FCR 114 cited New South Wales v Lepore (2003) 212 CLR 511 cited Riley McKay Pty Ltd v Bannerman (1977) 15 ALR 561; (1977) 31 FLR 129 cited Rowe v Transport Workers' Union of Australia (1998) 90 FCR 95 cited Schindler Lifts Australia Pty Ltd v Debelak (1989) 89 ALR 275cited Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia(2001) 109 FCR 378 applied Tillmanns Butcheries Pty Ltd v Australasian Meat Industry Employees' Union (1979) 27 ALR 367;(1979) 42 FLR 331 applied Williams v Hursey (1959) 103 CLR 30 followed