The company involved in this dispute sought a High Court injunction in February last to prevent the picketing of its premises and also to restrain the union from inducing its members in other employments to breach commercial contracts by refusing to handle the company's products. The High Court found the picket to be lawful but granted an interlocutory injunction against the inducement. I understand that the unions concerned may test the issue in a full hearing of the High Court.
The Industrial Relations Act, 1990 did not change the law in relation to breaches of commercial contracts and an injunction along the lines obtained in this case could have been obtained prior to the enactment of the Act. In 1981 the Supreme Court granted an injunction to prevent the type of action in the Talbot case and in considering such applications the courts will always have to take into account the rights and obligations of all the parties involved.
It is not my intention to amend the Industrial Relations Act as it is my belief that it represents a balance, taking account of the rights and interests of both employers and trade unions. To extend the Act to cover the inducement of breaches of commercial contracts would in my view be inappropriate and could place the immunities in the legislation in danger of being found to be unconstitutional.