Williams v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2010] FCA 754

FEDERAL COURT OF AUSTRALIA

Williams v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2010] FCA 754

Citation: Williams v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2010] FCA 754

Parties: ANDREW WILLIAMS v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, MICK POWELL, TONY MAVROMATIS, GARETH STEPHENSON and JULIO PIZARRO

File number: VID 83 of 2009

Judge: JESSUP J

Date of judgment: 28 July 2010

Catchwords: INDUSTRIAL LAW – Employees of construction sub‑contractor – Failure to return to work after union meeting – Failure to attend for work the following day – Whether motivated by purpose of advancing industrial objectives of unions, of supporting or advancing claims against employer or of disrupting performance of work – Whether authorised by officers of unions – Whether union officers counselled or procured failure to work, or were knowingly concerned in or party to failure to work.

INDUSTRIAL ACTION – Employees of construction sub‑contractor – Union organiser procuring vote at meeting of employees in favour of placing a ban on work – Whether amounted to engagement by organiser in ban or limitation on performance of work – If ban imposed by employees, whether counselled and procured by organiser.

INDUSTRIAL ACTION – Picketing and protesting at construction site and at offices of contractor and sub‑contractor – Whether amounted to action taken or organised with intent to coerce contractor to employ persons previously dismissed by another sub‑contractor or to make industrial agreement – Whether contractor's choice sought to be negated – Whether illegitimate means employed – Extent of involvement of union organisers in action – Whether action authorised, or agreed or consented to, by organisers – Whether organisers counselled or procured, or were knowingly involved in, action – Liability of unions.