The High Court's decision today upholds a previous ruling by the Full Federal Court, which found that the CFMEU and Hutchinson did not engage in an anti-competitive boycott arrangement against a subcontractor at the Brisbane Southpoint A apartments construction site in 2016.

The ACCC had originally alleged that the CFMEU and Hutchinson conspired to prevent a waterproofing subcontractor from performing work, which the Federal Court initially supported. However, the Full Federal Court later overturned this finding, leading to the ACCC's appeal to the High Court.

ACCC Chair Gina Cass-Gottlieb emphasized the importance of the case, stating that boycotts can harm both the economy and individual businesses. The ACCC sought clarity on what constitutes an anti-competitive arrangement, which is crucial for enforcing competition laws.

Despite the High Court's dismissal of the appeal, Cass-Gottlieb reaffirmed the ACCC's commitment to enforcing competition laws and holding parties accountable for anti-competitive conduct.

The case stems from the ACCC's proceedings initiated in December 2020, which resulted in penalties for both Hutchinson and the CFMEU in 2022. However, the Full Federal Court's ruling in 2024 favored the CFMEU and Hutchinson, leading to the ACCC's appeal to the High Court.