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

FEDERAL COURT OF AUSTRALIA

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

TRADE PRACTICES – remedies – orders sought by consent – declarations – whether appropriate – form of declaration – monetary penalties – whether amounts appropriate

Trade Practices Act 1974 (Cth) ss 6A, 45D, 76(1A) Workplace Relations Act 1996 (Cth) Federal Court of Australia Act 1976 (Cth) s 21(1)

Australian Competition & Consumer Commission v Francis [2004] FCA 487 applied Rural Press Ltd v Australian Competition and Consumer Commission [2003] HCA 75 (2003) 203 ALR 217 followed AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION, AUSTRALIAN WORKERS' UNION AND COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA V 389 of 2003 GRAY J 30 APRIL 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 389 of 2003

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION

FIRST RESPONDENT

AUSTRALIAN WORKERS' UNION

SECOND RESPONDENT

COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA

THIRD RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 30 APRIL 2004

WHERE MADE: MELBOURNE

THE COURT DECLARES THAT: 1. The first respondent, by having in the period between 2 October 2002 and 23 October 2002, in concert with the second respondent and the third respondent: (a) induced and encouraged employees of Transfield Construction Pty Ltd ('Transfield') and employees of Transfield's contractors not to attend at their place of work and not to perform work at the Patricia Baleen gas processing facility located at Ewing Marsh Road, in Newmerella in Victoria (the 'Site'); and (b) hindered and prevented employees of Transfield and employees of Transfield's contractors and other persons delivering materials from entering the Site; being conduct that hindered or prevented Transfield from supplying building construction services to Basin Oil Pty Ltd ('Basin Oil') at the Site and that was engaged in for the purpose, and has had the effect, of causing substantial loss or damage to the business of Basin Oil, has engaged in conduct in contravention of s 45D of the Trade Practices Act 1974 (Cth). 2. The second respondent, by having in the period between 2 October 2002 and 23 October 2002, in concert with the first respondent and the third respondent: (a) induced and encouraged employees of Transfield and employees of Transfield's contractors not to attend at their place of work and not to perform work at the Site; and (b) hindered and prevented employees of Transfield and employees of Transfield's contractors and other persons delivering materials from entering the Site; being conduct that hindered or prevented Transfield from supplying building construction services to Basin Oil at the Site and that was engaged in for the purpose, and has had the effect, of causing substantial loss or damage to the business of Basin Oil, has engaged in conduct in contravention of s 45D of the Trade Practices Act 1974 (Cth). 3. The third respondent, by having in the period between 2 October 2002 and 23 October 2002, in concert with the first respondent and the second respondent: (a) induced and encouraged employees of Transfield and employees of Transfield's contractors not to attend at their place of work and not to perform work at the Site; and