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

FEDERAL COURT OF AUSTRALIA

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

TRADE PRACTICES – admitted contravention of s 45E and s 45EA of Trade Practices Act 1974 (Cth) – statement of agreed facts – undertakings accepted – joint submissions as to relief including penalty Evidence Act 1995 (Cth), s 191 Trade Practices Act 1974 (Cth) ss 45E, 45EA, 76(1)(a), 76(1A)(a), 87B(1)

Australian Competition and Consumer Commission (ACCC) v IPM Operation & Maintenance Loy Yang Pty Ltd (2006) 157 FCR 162 cited Australian Competition and Consumer Commission (ACCC) v IPM Operation & Maintenance Loy Yang Pty Ltd (No 3) [2007] FCA 144, (2007) ATPR 42-151 cited Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union of Australia v Australian Competition and Consumer Commission (ACCC) [2007] FCAFC 132 cited Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72, (2004) ATPR 41-993 followed NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 followed AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, BOVIS LEND LEASE LIMITED ACN 000 098 162, DAVID NOONAN and LASLO LANCSAR NSD 1611 OF 2006

GYLES J

27 SEPTEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1611 OF 2006

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: 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

JUDGE: GYLES J DATE OF ORDER: 27 SEPTEMBER 2007