The Australian Competition and Consumer Commission (ACCC) has recently announced a public outcome of direct relevance to the construction industry, particularly businesses engaging with labour hire providers and unions.

The warning follows an ACCC investigation into John Holland’s use of agreements that restricted labour hire competition on major infrastructure projects. You can read more about the outcome here.

The ACCC has reiterated that all construction businesses must comply with the Competition and Consumer Act 2010 (CCA) and has issued a clear warning regarding anti-competitive conduct.

Examples of conduct that may contravene the CCA include:

• A business making an agreement with a union which prevents the business:
  • Acquiring goods or services from someone it is accustomed to acquire goods or services from
  • Supplying goods or services to someone it is accustomed to supplying goods or services to
• Secondary boycotts, where at least two people work together to prevent or hinder a third person acquiring or supplying goods or services to a fourth person
• Businesses communicating, cooperating, or colluding about how they will conduct their respective businesses.

Learn more about anti-competitive conduct here.

Members are encouraged to familiarise themselves with the ACCC’s guidance on anti-competitive conduct and to report any concerns about potential breaches within the industry to the ACCC.

Click here to review the details received by MEA from the ACCC.