Australian Competition & Consumer Commission v The Maritime Union of Australia [2001] FCA 1549

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v The Maritime Union of Australia [2001] FCA 1549

TRADE PRACTICES - policy of Maritime Union of Australia that shore-based labour be used to clean foreign vessels discharging and taking on cargo in an Australian port – three vessels sought to use crew to clean holds emptied in the Port of Adelaide while at sea – each vessel plied between Australian ports and ports overseas but loaded and/or unloaded at Australian ports - departure of each vessel delayed by formation of picket lines manned by members of the Maritime Union of Australia – whether Maritime Union of Australia contravened s 60 of Trade Practices Act 1974 (Cth) in relation to the incidents concerning two of the three vessels – whether the word "undue"qualifies the word "coercion" in s 60 – meaning of the words "harassment" and "coercion" considered – whether person engaging in harassing or coercive conduct must be the same person as supplies the goods or services referred to in s 60 - whether conduct complained of was "in relation to" international trade - whether individual respondents were agents of the Maritime Union of Australia - whether the second and third respondents contravened s 75B of the Trade Practices Act 1974 (Cth) by being knowingly concerned in or party to a contravention of s 60

TRADE PRACTICES – Maritime Union of Australia admitted it engaged in conduct that contravened s 45DB of the Trade Practices Act 1974 (Cth) – second respondent admitted being knowingly concerned in contravention relating to "Star Sea Bird" – fourth respondent admitted being knowingly concerned in contravention relating to "Anangel Eagle" – course to be taken by the Court in making orders by consent and assessing whether a pecuniary penalty suggested by the parties is appropriate considered