Australian Competition and Consumer Commission v J Hutchinson Pty Ltd (No 2) [2022] FCA 1007

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v J Hutchinson Pty Ltd (No 2) [2022] FCA 1007 File number(s): QUD 374 of 2020

Judgment of: DOWNES J

Date of judgment: 30 August 2022

Catchwords: COMPETITION LAW – application by regulator for pecuniary penalties and other relief arising from findings of liability in previous decision – where findings and declarations made that construction company had contravened ss 45E(3) and 45EA Competition and Consumer Act 2010 (Cth) – where findings and declarations made that union was knowingly concerned in, or party to, the contraventions and had induced them within the meaning of s 76 Competition and Consumer Act 2010 (Cth) – consideration of factors relevant to pecuniary penalty under s 76 – whether s 76(3) applied in relation to union in circumstances where separate contraventions related to the same conduct – whether injunction should be granted pursuant to s 80 – where injunction sought against construction company in same terms as legislation – where injunction sought against union which would impose legal obligation not contained in the legislation – whether respondents should be ordered to implement a competition law compliance program – where compliance program was disproportionate – where compliance program did not have sufficient nexus to contravening conduct – where requirements of compliance program were not expressed with sufficient precision – where adverse publicity order made

Legislation: Building and Construction Industry Improvement Act 2005 (Cth) Competition and Consumer Act 2010 (Cth) ss 45D, 45E, 45EA, 76, 80, 86C, 86D, Sch 2 s 224 Fair Work (Registered Organisations) Act 2009 (Cth) s 27 Fair Work Act 2009 (Cth) s 546 Workplace Relations Act 1996 (Cth)