Meat & Allied Trades Federation of Australia v Australasian Meat Industry Employees Union

Case

[1991] FCA 99

18 MARCH 1991


Details
AGLC Case Decision Date
Meat & Allied Trades Federation of Australia v. Australasian Meat Industry Employees Union [1991] FCA 99 ((1991) 13 ATPR 41-101) [1991] FCA 99 18 MARCH 1991

CaseChat Overview and Summary

The case of Meat & Allied Trades Federation of Australia v Australasian Meat Industry Employees Union involved a dispute between the Meat & Allied Trades Federation of Australia, representing meat processors, and the Australasian Meat Industry Employees Union, representing meat workers. The Federation alleged that the Union was engaging in secondary boycotts that hindered the meat processors' ability to acquire meat and engage in trade, causing substantial loss or damage. The matter was brought before the Federal Court of Australia to determine the legality of the Union's actions under the Trade Practices Act 1974.

The primary legal issues before the court were whether the Union's concerted actions constituted "conduct" under the Act and whether such conduct could be considered restrictive trade practices. Specifically, the court needed to decide if making contracts or arrangements, giving effect to provisions, and arriving at understandings that hindered trade or caused substantial loss or damage were actionable. Additionally, the court had to assess if these actions were exempt under the Act if they were substantially related to employment terms or conditions.

The court found that the Union's actions did indeed constitute "conduct" as they involved making contracts or arrangements, giving effect to provisions, and arriving at understandings that hindered trade and caused substantial loss. The court emphasised that these concerted activities were aimed at causing harm to the meat processors, thereby falling under the purview of the Trade Practices Act 1974. However, the court also acknowledged that some of these actions could be exempt if they were substantially related to employment terms or conditions. The court issued an order prohibiting the Union from engaging in specified conduct that would hinder trade or cause substantial loss, except where such conduct was related to employment terms or conditions. The Union was also ordered to pay the Federation's costs of the proceeding.
Details

Areas of Law

  • Competition Law

Legal Concepts

  • Restrictive Trade Practices

  • Secondary Boycotts

  • Concerted Conduct

  • Substantial Loss or Damage