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ACCC v CFMEU

Federal Court of Australia, Victorian Registry

 

File details

Applicant ACCC
Respondents Construction, Forestry, Mining And Energy Union (CFMEU)
ACCC claims Secondary boycott and undue harassment or coercion
Hearing 12February 2017 before Justice Middleton
Court orders

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 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 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.

View court orders

Dispute resolution Assisted dispute resolution filed by ACCC on 2 June 2015
(Docket: Registrar Lagos)
Lawyers for Applicant DLA Piper Australia
Lawyers for Respondents Slater & Gordon

 

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