In November 2014, the Australian Competition & Consumer Commission (also ‘ACCC’ and ‘Respondent’) brought an application against the Respondent union (‘CFMEU’ or ‘Union’) and
two officers for penalties and other relief pursuant to the Competition and Consumer Act 2010 (‘CC Act’), and the Australian Consumer Law (‘ACL’).
The ACCC alleged that the Union and officers breached sections 45D(1) of the ACL (whichdeals with secondary boycotts) and section 45E(2) of the ACL (which prohibits arrangements
which affect the supply or acquisition of goods and services). In respect of the section 45Ebreaches, it was alleged at a meeting in April 2013, CFMEU officers Setka and Reardon
threatened Boral employees'