The Australian Competition and Consumer Commission settled its litigation with the Transport Workers' Union before the Federal Court in Queensland today. The litigation involved two matters alleging contraventions of the secondary boycott provisions of the Trade Practices Act 1974.
On 22 August 1997, the ACCC alleged that the TWU engaged in secondary boycott conduct against a number of smaller transport companies in Queensland which had not entered into enterprise bargaining arrangements with the TWU. The conduct involved a refusal by TWU members to allow entry or to load or unload the smaller transport companies' vehicles at the yards of the major transport companies.
On 12 December 1997, the ACCC instituted further proceedings in the Federal Court in Queensland alleging further contraventions by the TWU. In these proceedings the ACCC alleged that the TWU was engaging in secondary boycott conduct against transport companies whose drivers were not financial members of the TWU. The conduct involved refusal by TWU members to allow entry and or loading or unloading of vehicles whose drivers were not financial members of the TWU.
The basis of the settlement reached today between the ACCC and the TWU involves consent orders by the Federal Court which include:
The ACCC considers the settlement has avoided protracted and expensive proceedings which included Constitutional challenges.
The settlement provides an assurance to parties affected that such conduct will not occur in the future.
On 22 August 1997, the ACCC alleged that the TWU engaged in secondary boycott conduct against a number of smaller transport companies in Queensland which had not entered into enterprise bargaining arrangements with the TWU. The conduct involved a refusal by TWU members to allow entry or to load or unload the smaller transport companies' vehicles at the yards of the major transport companies.
On 12 December 1997, the ACCC instituted further proceedings in the Federal Court in Queensland alleging further contraventions by the TWU. In these proceedings the ACCC alleged that the TWU was engaging in secondary boycott conduct against transport companies whose drivers were not financial members of the TWU. The conduct involved refusal by TWU members to allow entry and or loading or unloading of vehicles whose drivers were not financial members of the TWU.
The basis of the settlement reached today between the ACCC and the TWU involves consent orders by the Federal Court which include:
- injunctions requiring the TWU not to engage in the conduct referred to above in the state of Queensland for a period of two years whilst the TWU retains the right to seek to ascertain whether drivers are members and to communicate with them about membership issues;
- implementation by the TWU of a trade practices compliance program to inform key TWU officers and officials of their obligations under the Trade Practices Act;
- an agreed contribution by the TWU to the costs of the ACCC's proceedings.
The ACCC considers the settlement has avoided protracted and expensive proceedings which included Constitutional challenges.
The settlement provides an assurance to parties affected that such conduct will not occur in the future.