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Re 'A.C.C.C. watching waterfront'

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R obert M cC l e l l a n d ]M P

M ember for B arton

Professor Alan Pels Chairman The Australian Competition and Consumer Commission PC Box 1199

Dickson ACT 2602 Fax 6243 1199

Dear Professor Pels


I refer to your media release dated 8 April 1998.

I would appreciate your advice as to whether the Australian Competition and----Consumer Commission has previously issued a media release inviting complaints regarding any other breach of the Trade Practices Act. If so, would you please provide me with a copy of any such media release.

I note your media release attaches what you have described as "summaries of some relevant provisions of the Trade Practices Act covering boycotts".

Why is it that you have omitted any reference to the defence provisions of the Act including section 45DD which relevantly provides:

"(1) A person does not contravene, and is not involved in a contravention of, subsection 45D(1), 45DA(1) or 45DB(1) by engaging in conduct if the dominant purpose for which the conduct is engaged in is substantially related to the remuneration, conditions of employment, hours of work or working conditions of that person or of another person employed by an employer of that person."

Further, why is it that you have also omitted reference to the policy of the Act of encouraging parties to attempt to resolve Industrial disputes before the appropriate forum of the Australian Industrial Relations Commission as specified

in section 87AA which relevantly provides:

E l e c t o r a t e O f f ic e : 22 R e g e n t S t r e e t - RO. Box 27 K o g a r a h . N.S.W. 221 7

T e l e p h o n e : (02) 587 2344 · F a c s im il e : (02) 587 8047

P a r l ia m e n t H o u s e C a n b e r r a ACT 2600 T e l e p h o n e : (06) 277 4323 · F a c s im il e : (06) 277 8442

"(1) In exercising its powers in proceedings under this Part in relation to boycott conduct, the Court is to have regard to any action the applicant in the proceedings has taken, or could take, before an industrial authority in relation to the boycott conduct. In particular, the Court is to have regard to any application for conciliation that the applicant has made or could make."

Finally, I ask you to indicate whether, in exercising your administrative powers you have had regard to Australia's International Treaty obligations including those obligations pursuant to:

The Freedom of Association And Protection of the Right to Organise Convention 1948 [No. 87]

The Right to Organise and Collective Bargaining Convention 1949 [No. 98],

The International Covenant on Economic Social And Cultural Rights.

I trust that in "fairly" exercising your powers under the Act you will have regard to the matters raised herein.

I look forward to your reply.

Yours sincerely


8 April 1998.