The Australian Competition and Consumer Commission has concluded its Federal Court proceedings against the Construction Forestry Mining Energy Union in Western Australia.
The proceedings involved alleged contraventions of the secondary boycott provisions (section 45D) of the Trade Practices Act 1974.
The ACCC had alleged that between 27 November and 2 December 1997, the CFMEU hindered or prevented operators of crane hire services supplying crane services to Western Portables to unload transportable buildings at a construction site at Collie in Western Australia.
The agreement reached between the ACCC and the CFMEU involves consent orders by the Federal Court which include:
- the CFMEU undertaking to the court that, for a period of three years, it would not engage in conduct that hinders or prevents any person supplying goods or services to Western Portables Pty Ltd in connection with construction work of any kind at any site within Western Australia.
- The undertaking does not apply to conduct protected by the Workplace Relations Act 1996 or other federal law;
- a payment by the CFMEU to the ACCC on behalf of Western Portables by way of reimbursement of the costs incurred by Western Portables in connection with the dispute the subject of the proceedings;
- an undertaking by the CFMEU to implement, within six months, a trade practices compliance program; and
- an order requiring the CFMEU to make a contribution towards the ACCC's costs of the proceedings.
"This agreement was reached with the cooperation of the CFMEU and has avoided protracted and expensive proceedings", Acting ACCC Chairman, Mr Allan Asher, said. "The agreement meets the key objectives of the ACCC which were to prevent the conduct from recurring and to reimburse the extra cost incurred by Western Portables as a result of the dispute".