The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court against the Construction Forestry Mining and Energy Union (CFMEU), alleging it engaged, or attempted to engage, in secondary boycott conduct [edited due to court order] in breach of the Competition and Consumer Act 2010 (the CCA).
[edited due to court order]
“The ACCC considers unions have an important role in protecting the rights of workers and ensuring safe and productive work places. However, the ACCC will not hesitate to take action where it has evidence that unions or individuals have engaged in conduct which goes beyond what is reasonable to protect workers, and is deliberately targeted at damaging business,” ACCC Chairman Rod Sims said.
“These proceedings relate to complex allegations of conduct spanning a 14 month period ending in April 2014, and occurring at 12 commercial construction sites. [edited due to court order] the ACCC has only been able to progress the investigation by compelling people to give evidence,” Mr Sims said.
The ACCC is seeking pecuniary penalties, declarations and injunctions against the CFMEU, [edited due to court order], as well as publication orders against the CFMEU.
The matter is listed for a directions hearing in Melbourne at 10.15am on 12 December 2014 before Justice Middleton.
Background:
[edited due to court order]
Secondary boycott conduct, which is prohibited under section 45D of the CCA, involves at least two people acting in concert to hinder or prevent third parties from acquiring goods or services from, or supplying goods or services to, a fourth person, with the purpose and effect, or likely effect, of causing substantial loss or damage to the business of the fourth person.
[edited due to court order]
This media release was amended on 14 November 2017 due to a court order.