Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2007] FCA 1546

Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2007] FCA 1546

The court accepted Bovis Lend Lease's admissions of contravention of ss 45E and 45EA of the Trade Practices Act 1974 (Cth), found that the proposed pecuniary penalty, injunction, and undertakings were appropriate by reference to established penalty principles, and made orders as agreed by the parties.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Construction, Forestry, Mining and Energy Union; Second Respondent: Bovis Lend Lease Limited ACN 000 098 162; Third Respondent: David Noonan; Fourth Respondent: Laslo Lancsar
Jurisdiction
Australia
Judgment Date
27 September 2007
Procedural Posture
Civil Penalty Proceeding / Penalty Determination and Orders Upon Admission
Outcome
Orders made by consent: penalty, injunction, costs, and undertakings accepted
Legal Topics
Secondary Boycott, Restrictive Trade Practices, Penalties, Injunctions, Undertakings
Competition Law Secondary Boycott Restrictive Trade Practices Penalties Injunctions Undertakings

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Parties

Australian Competition and Consumer Commission

Applicant

Construction, Forestry, Mining and Energy Union

First Respondent

Bovis Lend Lease Limited ACN 000 098 162

Second Respondent

David Noonan

Third Respondent

Laslo Lancsar

Fourth Respondent

Procedural Posture

Civil Penalty Proceeding / Penalty Determination and Orders Upon Admission

Legal Issues

  1. 1 Whether Bovis Lend Lease contravened ss 45E and 45EA of the Trade Practices Act 1974 (Cth) by acting on an arrangement to terminate a subcontractor under union pressure
  2. 2 Appropriate penalty, relief and undertakings for admitted contravention

Ratio Decidendi

The court accepted Bovis Lend Lease's admissions of contravention of ss 45E and 45EA of the Trade Practices Act 1974 (Cth), found that the proposed pecuniary penalty, injunction, and undertakings were appropriate by reference to established penalty principles, and made orders as agreed by the parties.

Court Disposition

Orders made by consent: penalty, injunction, costs, and undertakings accepted

Orders

  • Second respondent to pay a pecuniary penalty of $100,000 to the Commonwealth of Australia by 18 October 2007
  • Second respondent restrained for 4 years from specified conduct under an injunction