Premier Fire Protection (Qld) Pty Ltd and Gregory John Bourke - s.87B undertaking

The parties were involved in litigation by the ACCC relating to price-fixing and market sharing conduct in the Queensland Fire Protection industry in breach of sections 45(2)(a)(ii) and 45(2)(b)(ii) of the Act.

Mr Bourke and Premier Fire Protection (Qld) Pty Ltd have undertaken that Premier will implement a trade practices compliance program.

Mr Bourke has also undertaken that:

• he will use his best endeavours to ensure that Premier complies in all respects with undertakings it has given;
• he will use his best endeavours to ensure that Premier remains able to comply with it's obligations to pay pecuniary penalties in respect of Federal Court proceedings Q239 of 1999 by due dates until Premier's penalties have been paid in full, he will take all lawful steps to retain the capacity to cause Premier to tender for and undertake fire protection contracting works to the exclusion of Premier Fire Systems Pty Ltd;
• until Premier's penalties have been paid in full he will not resign as a director of Premier; and
• until Premier's penalties have been paid in full he will take all steps lawfully open to him to cause Premier to pay the instalments of the said penalty when they fall due.