BLF provides undertakings to ACCC

An Australian Competition and Consumer Commission investigation into allegations of secondary boycott activity by the Australian Building Construction Employees and Builders Labourers Federation, Queensland Division in Rockhampton has resulted in court enforceable undertakings being provided to the ACCC by the BLF and a union organiser.

The investigation involved allegations of contraventions of the secondary boycott provisions of the Trade Practices Act 1974, in relation to conduct between June 1998 and December 1999. During that period Daryl Kerr, a BLF organiser in the Rockhampton area had advised various contractors and subcontractors that they were not  to use the services of  a mobile crane hire firm and made or attempted to make arrangements with building contractors that they would not engage,  or allow their subcontractors to engage, that firm despite those building contractors being accustomed to using  them. The reason for Mr Kerr’s conduct was that  the firm had not entered into an Enterprise Bargaining Agreement with the BLF.

As a result of the ACCC’s investigation the BLF and Mr Kerr provided court enforceable undertakings which include:

• that neither the BLF  nor Mr Kerr will  hinder or prevent any person from acquiring mobile crane hire services in Queensland for the reason that the mobile crane hire service does not have an EBA with the BLF or any other union
• that the BLF and Kerr will not cause damage, loss or disadvantage to any person by reason of the fact that the person has assisted the ACCC in its inquiries; and
• the BLF will implement a trade practices compliance program to ensure all of its employees are aware of the secondary boycott provisions of the Act and their responsibilities under it.

The BLF also confirmed it was not the policy of the BLF to compel persons to enter into EBAs and that no person has the authority of the BLF to exclude or seek to exclude a person from a building site for the reason that that person does not have an EBA with the BLF.

"The BLF’s cooperation has avoided protracted and expensive litigation and provides small businesses in the mobile crane industry in Queensland, and those who wish to use their services, with assurance that  this type of conduct will not be repeated.  This is a good outcome for small businesses generally  as well as those directly affected by the conduct.

"The result also demonstrates that the ACCC’s presence in regional Australia has a far reaching effect", Acting ACCC Chairman, Mr Allan Asher, said today. "While the ACCC is pleased that a resolution has been reached in this matter, investigations are continuing into recently alleged conduct of the BLF in Townsville".