The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court Perth against the Construction Forestry Mining Energy Union alleging contraventions in Western Australia of the secondary boycott (section 45D) provisions of the Trade Practices Act.
It is alleged that the boycott conduct has been taken by the CFMEU against a transportable buildings supplier in Western Australia which has not entered into enterprise bargaining arrangements with the union under the Federal Workplace Relations Act.
The CFMEU conduct allegedly involved hindering or preventing operators of crane hire services from supplying crane services to unload transportable buildings at a construction site.
The ACCC alleges that the behaviour constitutes a breach of the provisions of section 45D of the Trade Practices Act which generally prohibits such secondary boycotts.
The ACCC has received a complaint from the transportable buildings supplier that the CFMEU's alleged conduct caused them substantial loss or damage.
The ACCC is seeking orders, amongst others, that the CFMEU will:
cease engaging in the secondary boycott action; pay compensation to the transportable buildings supplier; and implement a trade practices compliance program.
These proceedings are the first taken by the ACCC in Western Australia under the new s. 45D provisions which were introduced in the Trade Practices Act earlier this year.
