ACCC Loses Appeal Against Builder and Union, Over $1 Million in Fines Withdrawn

Builders J Hutchinson and the CFMEU were fined after a contract was terminated following a threat from the union but the High Court has quashed the convictions.

Thousands of union members take part in a protest rally on Sept. 18, 2024 in Melbourne, Australia. Darrian Traynor/Getty Images

The Australian High Court has overturned convictions against both a construction firm and the Construction, Forestry and Maritime Employees Union (CFMEU) for breaching the Competition and Consumer Act after the firm cancelled a waterproofing contract in response to the union’s threat of industrial action.

In 2016, building company J. Hutchinson was the head contractor on a construction project in Queensland known as Southpoint A. It subcontracted Waterproofing Industries Qld for the waterproofing.