The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Melbourne, in respect of an alleged boycott of electrical contractors who did not have a union enterprise agreement.
The ACCC has alleged that in August 2001 Edison Mission Operation and Maintenance Loy Yang Pty Ltd, the operator of a power station in the Latrobe Valley in Victoria, entered into an arrangement with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.
It is alleged that the arrangement had the purpose of preventing Edison from engaging electrical contractors who did not have an enterprise agreement with the CEPU to perform work at the power station. It is further alleged that Edison gave effect to the arrangement until January 2004.
The ACCC is alleging that by entering into and giving effect to the arrangement Edison contravened sections 45E and 45EA of the Trade Practices Act 1974.
The ACCC is further alleging that the CEPU procured and induced Edison to contravene the Act.
The ACCC is seeking declarations, injunctions, pecuniary penalties and costs against Edison and the CEPU.
The matter has been listed for a directions hearing in the Federal Court, Melbourne, on 27 April 2005.