Could the Australian Building and Construction Commission enforce secondary boycott breaches better than the ACCC?
Some with a particular point of view may say that it could probably do no worse than the ACCC. But I don’t think this is necessarily correct. While the ABCC would not be deterred from investigating because the conduct had no effect on competition, the other reasons why the ACCC is reluctant to take on secondary boycott actions apply equally to the ABCC. Why should the ABCC use public funds to investigate and take proceedings against one party to a dispute, where the other party has sought the ABCC’s intervention simply to put pressure on the other party to reach a settlement, and where the ABCC may not be able to pursue its own legal action because the complainant no longer finds it commercially convenient? Concurrent enforcement by the ACCC and ABCC—could it work? Recommendations 181 of the Cole Royal Commission proposes that sections 45D-45E be mirrored in the Building and Construction Industry Improvement Act, but limited in operation to the building and construction industry. Rec
