Australian Competition & Consumer Commission v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2004] FCA 517

Australian Competition & Consumer Commission v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2004] FCA 517

The admitted conduct of each respondent, through organisers acting in concert, hindered or prevented Transfield from supplying building construction services to Basin Oil and was engaged in for the purpose and had the effect of causing substantial loss or damage to Basin Oil's business, contravening s 45D of the Trade Practices Act 1974 (Cth). The declarations were appropriate in light of established Trade Practices Act practice and their sufficient detail, and the agreed $100,000 penalties, although at the highest end of the appropriate range, could be imposed given the respondents' consent and aggravating factors including continuation after AIRC orders and lack of compliance programs....

Jurisdiction
Australia
Judgment Date
30 April 2004
Procedural Posture
Trade Practices Act Proceeding for Declarations, Pecuniary Penalties, Injunctions, Publication Orders and Compliance Program Orders Concerning Alleged Secondary Boycott Conduct / Consent Orders After Admissions, Agreed Statement of Facts and Joint Submission
Outcome
Consent declarations and orders made against all three respondents.
Legal Topics
['secondary Boycott' 'section 45 D Contravention' 'consent Declarations' 'pecuniary Penalties' 'injunctions' 'trade Practices Compliance Program' 'picketing']
['trade Practices' 'competition Law' 'industrial Law' 'remedies'] ['secondary Boycott' 'section 45 D Contravention' 'consent Declarations' 'pecuniary Penalties' 'injunctions' 'trade Practices Compliance Program' 'picketing']

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Procedural Posture

Trade Practices Act Proceeding for Declarations, Pecuniary Penalties, Injunctions, Publication Orders and Compliance Program Orders Concerning Alleged Secondary Boycott Conduct / Consent Orders After Admissions, Agreed Statement of Facts and Joint Submission

Legal Issues

  1. 1 ['Whether it was appropriate to make declarations by consent recording that the respondents contravened s 45D of the Trade Practices Act 1974 (Cth).' 'Whether pecuniary penalties of $100,000 for each respondent were appropriate.' 'Whether injunctions, compliance program orders and publication orders should be made by consent.']

Ratio Decidendi

The admitted conduct of each respondent, through organisers acting in concert, hindered or prevented Transfield from supplying building construction services to Basin Oil and was engaged in for the purpose and had the effect of causing substantial loss or damage to Basin Oil's business, contravening s 45D of the Trade Practices Act 1974 (Cth). The declarations were appropriate in light of established Trade Practices Act practice and their sufficient detail, and the agreed $100,000 penalties, although at the highest end of the appropriate range, could be imposed given the respondents' consent and aggravating factors including continuation after AIRC orders and lack of compliance programs....

Court Disposition

Consent declarations and orders made against all three respondents.

Orders

  • ["Declared that each respondent contravened s 45D of the Trade Practices Act 1974 (Cth) by, between 2 October 2002 and 23 October 2002, acting in concert to induce and encourage employees not to attend or perform work at the Site and to hinder and prevent employees and material deliveries from entering the Site,...