ACCC v J Hutchinson Pty Ltd
Australian Competition and Consumer Commission v J Hutchinson Pty Ltd [2022] FCA 98
Federal Court of Australia
QUD374 of 2020
Judgment: 14 February 2022
Catchwords
COMPETITION LAW – where construction company and union had practice of consulting about proposed subcontractors – where union used consultation process to pressure construction company to engage subcontractors which had an enterprise bargaining agreement which was covered by that union – where construction company engaged subcontractor which did not have such an agreement – where union was not consulted prior to engagement of that subcontractor – where union complained about that engagement – where union threatened industrial action if subcontractor was allowed back on site – where union did not consent to requests by subcontractor to go back on site – where construction company terminated subcontractor and engaged another subcontractor which had an enterprise bargaining agreement and was on list of approved subcontractors – whether engagement of contractor was breach of enterprise bargaining agreement – whether acquisition situation within s 45E(1) Competition and Consumer Act 2010 (Cth) – whether arrangement or understanding within s 45E(3) Competition and Consumer Act 2010 (Cth) – whether purpose within s 45E(3) Competition and Consumer Act 2010 (Cth) – whether union had accessorial liability where the union was a party to the prohibited arrangement or understanding
…
Relevant legislation
Competition and Consumer Act 2010 (Cth) ss 4, 45E, 45EA, 76, 155
Cases cited
Australian Competition and Consumer Commission v Air New Zealand Limited (2014) 319 ALR 388; [2014] FCA 1157
Australian Competition and Consumer Commission v Baxter Healthcare (2008) 170 FCR 16; [2008] FCAFC 141
Australian Competition and Consumer Commission v BlueScope Steel Limited (No 3) [2021] FCA 1147
Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2008] FCA 678
Australian Competition and Consumer Commission v IPM Operation and Maintenance Loy Yang Pty Ltd (2006) 157 FCR 162; [2006] FCA 1777
Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (2007) 160 FCR 321; [2007] FCA 794
Australian Competition and Consumer Commission v Olex Australia Pty Ltd [2017] ATPR 42-540; [2017] FCA 222
Australian Competition and Consumer Commission v Pfizer (2018) 356 ALR 582; [2018] FCAFC 78
Australian Competition and Consumer Commission v Pratt (No 3) (2009) 175 FCR 558; [2009] FCA 407
Australian Competition and Consumer Commission v Yazaki Corporation (No 2) (2015) 332 ALR 396; [2015] FCA 1304
Capic v Ford Motor Company of Australia Pty Ltd (2021) 154 ACSR 235; [2021] FCA 715
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Competition and Consumer Commission (2007) 162 FCR 466; [2007] FCAFC 132
L Grollo & Co Pty Ltd v Nu-Statt Decorating Pty Ltd [1978] FCA 33; (1978) 34 FLR 81
Norcast S.ár.L v Bradken (No 2) (2013) 219 FCR 14; [2013] FCA 235
Tabcorp Holdings Ltd v Victoria (2016) 328 ALR 375; [2016] HCA 4
Top Performance Motors Pty Ltd v Ira Berk (Qld) Pty Ltd (1975) 24 FLR 286
Trade Practices Commission v Email Ltd (1980) 31 ALR 53
WorkPac Pty Ltd v Skene (2018) 264 FCR 536; [2018] FCAFC 131
Yorke v Lucas [1985] HCA 65; (1985) 158 CLR 661