Co-Operative Bulk Handling Ltd v Waterside Workers Federation of Australia

In the Federal Court of Australia, Co-Operative Bulk Handling Ltd (CBH) sought relief against the Waterside Workers Federation of Australia and associated individuals for their refusal to handle grain in the custody of CBH. This refusal was seen as an attempt to prevent CBH from providing services to the Australian Wheat Board, thereby impeding CBH's business operations. The core issue before the court was whether the conduct of the respondents constituted a secondary boycott and whether Section 45D of the Trade Practices Act could be applied in an industrial context. Section 45D of the Trade Practices Act was introduced to address anti-competitive behaviour in trade and commerce, but its application in the industrial sphere was not previously established.

The court had to determine if the actions of the Waterside Workers Federation and its members could be classified as a secondary boycott, which typically involves one entity pressuring another to cease business with a third party. Additionally, the court examined if the restrictive trade practices provisions of the Trade Practices Act could extend to industrial disputes. The court found that the actions of the respondents constituted a secondary boycott and that the Trade Practices Act could indeed apply to such industrial actions if they were found to have an anti-competitive effect. The court concluded that the refusal to handle grain by the respondents was intended to cause substantial loss to CBH and was likely to have that effect, thereby breaching the Trade Practices Act.

The Federal Court issued an order restraining the respondents from engaging in conduct that would hinder CBH's operations at specified ports, effective until further order. The court also provided for the possibility of terminating or varying these orders upon application by any party. The costs of the proceeding were to be borne by all parties involved. This decision marked a significant expansion of the Trade Practices Act's application into the industrial arena, thereby providing additional legal recourse for businesses facing secondary boycotts.