Laing v Construction, Forestry, Mining and Energy Union

The case of Laing v Construction, Forestry, Mining and Energy Union involved a dispute between the applicant, WM Loud (Aust) Pty Ltd, and the respondents, the Construction, Forestry, Mining and Energy Union and its affiliated organisation, SJ Higgins Pty Ltd. WM Loud, a supplier of noise monitoring equipment, alleged that the respondents were engaging in coercive and anti-competitive behaviour in contravention of the Workplace Relations Act 1996 (Cth). The matter was heard in the Federal Court of Australia.

The central legal issues before the Court involved the interpretation and application of the provisions of Division 2 and Division 3 of Part VIB of the Workplace Relations Act 1996 (Cth), which are designed to prevent employers and unions from engaging in secondary boycotts and other forms of industrial action that are not in the spirit of the Act. The Court was required to determine whether the respondents' actions constituted a secondary boycott and whether they were coercive and anti-competitive in nature.

In delivering its judgment, the Court found that the respondents' conduct did indeed constitute a secondary boycott and was coercive and anti-competitive in nature. The Court determined that the respondents were encouraging and inducing SJ Higgins, and other potential customers of WM Loud, to cease or refrain from engaging the services of WM Loud in order to coerce WM Loud into making an agreement with the respondents. This conduct was found to be in breach of the provisions of Division 2 and Division 3 of Part VIB of the Workplace Relations Act 1996 (Cth). The Court therefore granted the relief sought by WM Loud, issuing injunctions to restrain the respondents from engaging in such conduct until the matter was heard and determined.

The Court also made orders reserving costs, indicating that the issue of costs would be determined at a later stage in the proceedings. Overall, the Court's decision was a significant victory for WM Loud, and a reminder of the importance of complying with the provisions of the Workplace Relations Act 1996 (Cth) in order to avoid legal liability.