Secondary boycott actions under the Competition and Consumer Act 2010

The Australian Competition and Consumer Commission has indicated that it intends to become more active in the area of industrial disputes by reactivating the use of secondary boycott actions. While there have been some notable cases where damages and substantial penalties have been imposed on trade unions that have engaged in secondary boycotts, these proceedings are highly complex and involve substantial evidentiary hurdles.

INTRODUCTION

The Australian Competition and Consumer Commission (ACCC) has indicated that it intends to become more active in the area of industrial disputes by re-activating the use of secondary boycott actions.¹ The boycott provisions are now contained in the Competition and Consumer Act 2010 (Cth) (CCA), with the provision of greatest significance being s 45D. Although there has been a minor change in wording and arrangement of the legislation, it is in substance a re-enactment of the former Pt IV of the original Trade Practices Act 1974 (Ct