Australian Competition and Consumer Commission v. J Hutchinson Pty Ltd (ACN 009 778 330) & Anor
Australian Competition and Consumer Commission v. Construction, Forestry and Maritime Employees Union & Anor
Case Nos.
B41/2024, B42/2024
Case Information
Lower Court Judgment
29/02/2024 Federal Court of Australia (Wigney, Bromwich and Anderson JJ)
Catchwords
Competition law – giving effect to arrangement or arriving at understanding containing provision preventing or hindering acquisition of services from a subcontractor – Competition and Consumer Act 2010 (Cth) s 45E(3) – where Hutchison construction company and head contractor on large construction project – where CFMEU a trade union for purposes of Fair Work (Registered Organisations) Act 2009 (Cth) – where appellant alleged contravention of s 45E(3) and 45E of Competition and Consumer Act by first respondent making and giving effect to understanding with second respondent that it would terminate its sub-contract or cease acquiring services from third party on project – where second respondent alleged to have been knowingly concerned in or party to contravention by threatening industrial action if first respondent did not cease using third party – where primary judge found evidence established respondents entered into arrangement of understanding – where Full Federal Court allowed appeal – whether Full Court found that merely succumbing to threat of industrial action insufficient to give rise to arrangement or understanding – whether making or arriving at arrangement or understanding within meaning of s 45E(3) requires communication of assent that precedes and is distinct from conduct that gives effect or arrangement or understanding.
Documents*
08/08/2024 Determination
22/08/2024 Notice of appeal
24/09/2024 Joint written submissions (Appellant)
24/09/2024 Joint chronology (Appellant)
22/10/2024 Written submissions (J Hutchinson Pty Ltd)
22/10/2024 Written submissions (CFMEU)
11/11/2024 Joint reply (Appellant)
05/12/2024 Hearing (Full Court, Canberra) (Audio-visual recording)
05/12/2024 Joint Outline of oral argument (Appellant)
05/12/2024 Outline of oral argument (J Hutchinson Pty Ltd)
05/12/2024 Outline of oral argument (CFMEU)
02/04/2025 Judgment (Judgment summary)