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ACCC v Construction, Forestry, Mining and Energy Union (CFMEU)

[2018] VID698/2014 (Penalty)

Australian Competition and Consumer Commission v The Construction, Forestry, Mining and Energy Union (No 3) [2017] FCA 1279 (Supression orders)

Australian Competition and Consumer Commission v The Construction, Forestry, Mining and Energy Union [2016] FCA 504 (11 May 2016) (re: Stay of Proceedings | Provides background facts)

 

Overview

The ACCC claimed that CFMEU had conducted an illegal secondary boycott of Boral contrary to s 45D of the Competition and Consumer Act 2010.

On 4 November 2016 the Court made consent orders dismissing proceedings against the second and third respondents and dismissing certain aspects of the claim against the first respondet, 'without adjudication on the merits'.

On 1 November 2017 the Court published its judgment on liability.

On 12 February 2018 the Court made orders that the CFMEU had:

  • In relation to the Hawthorn site: 'engaged in conduct in concert with a Shop Steward which hindered or prevented the acquisition of concrete by S & A Paving from Alsafe (a Boral subsidiary) for the purpose of causing substantial loss or damage to the business of Boral, being conduct which was likely to have the effect of causing substantial loss or damage to the business of Boral, in contravention of s 45D(1) of the Competition and Consumer Act 2010 (Cth) ('the Act').' and
  • In relation to the RIchmond Site: 'engaged in conduct in concert with a Shop Steward which hindered or prevented the acquisition of concrete by Oceania from Boral for the purpose of causing substantial loss or damage to the business of Boral, being conduct which was likely to have the effect of causing substantial loss or damage to the business of Boral, in contravention of s 45D(1) of the Act.'

CFMEU was ordered to pay a sum of $500k in respect of each contravention (a total of $1m). This is the highest penalty ever awarded for a breach of this provision.

View court orders

 

Media and commentary

ACCC media release

Other media and commentary