Co-operative Bulk Handling Ltd v Waterside Workers' Federation of Australia

The Federal Court of Australia heard an application by Navalr Pty. Limited against five respondents, including the Transport Workers' Union of Australia and its New South Wales Branch, as well as two individuals, for an interlocutory injunction to restrain conduct that allegedly contravenes section 45D of the Trade Practices Act 1974. The applicant, Navalr Pty. Limited, operates approximately 30 aircraft from Bankstown Airport and uses a mobile fuel tanker vehicle to refuel aircraft at the airport. The respondents are accused of engaging in conduct that hinders or prevents the supply of aviation fuel by Mobil Oil Australia Limited to drivers of the applicant's tanker vehicles who are not union members. The second respondent, the Transport Workers' Union of Australia New South Wales Branch, is an industrial union registered under the Industrial Arbitration Act 1940. The third respondent, John Barry McLean, is a union organiser employed by the second respondent, and the fourth respondent, David Arthur McNally, is an employee of Mobil Oil Australia Limited. The fifth respondent, George Henry McKay, is not the subject of any evidence in this case. The court considered the legal issues of whether the union's registered status under the Industrial Arbitration Act 1940 made it a "body corporate" within the meaning of section 45D(6) of the Trade Practices Act 1974, and whether the interrogatories directed to the third and fourth respondents were oppressive and could be refused on grounds of incrimination or exposing the respondents to criminal or pecuniary penalties. The court found that the question of whether the union is a "body corporate" should be left for a final determination in the full trial of the matter. The court also found that the interrogatories could be considered oppressive if they exposed the respondents to a real and appreciable risk of prosecution for common law conspiracy or civil actions for pecuniary penalties. Consequently, the respondents were not required to answer those interrogatories. The court dismissed the notice of motion with costs. The court then made an interlocutory injunction order restraining the second respondent, the Transport Workers' Union of Australia New South Wales Branch, by itself, its servants, and agents, the third respondent John Barry McLean, and the fourth respondent David Arthur McNally from engaging in conduct that hinders or prevents the supply of aviation fuel by Mobil Oil Australia Limited to drivers of the applicant's tanker vehicles who are not union members, until the determination of the proceedings or further order. The order also granted liberty to any party to apply generally upon 24 hours' notice to the other parties and reserved the question of costs.