CFMEU & Anor, Ex parte - Re Pacific Coal & Ors - CFMEU & Anor v Cth

The applicants, the Construction, Forestry, Mining and Energy Union (CFMEU) and another union, sought judicial review of decisions made by the Minister for Industry, Science and Resources and the Australian Competition and Consumer Commission (ACCC) concerning Pacific Coal Pty Ltd and others. The dispute concerned the Minister's approval of a proposed acquisition by Pacific Coal of certain coal mining assets and the ACCC's subsequent authorisation of that acquisition. The matter came before the High Court of Australia.

The central legal issues before the High Court were whether the Minister's decision to approve the acquisition was vitiated by a failure to consider relevant considerations or by the consideration of irrelevant considerations, and whether the ACCC's decision to authorise the acquisition was affected by similar errors. Specifically, the applicants contended that the Minister and the ACCC failed to adequately consider the potential impact of the acquisition on competition in the relevant markets and the public interest.

The High Court, in a joint judgment, found that the Minister's decision was not flawed. The Court held that the Minister had considered the relevant statutory criteria and that the applicants had not demonstrated that the Minister had taken into account irrelevant matters or failed to take into account relevant matters. Similarly, the Court found that the ACCC's decision to authorise the acquisition was valid. The Court reasoned that the ACCC had properly applied the relevant provisions of the Trade Practices Act 1974 (Cth), including its assessment of the likely effect of the acquisition on competition and the public interest. The Court emphasised that the scope of judicial review of administrative decisions is limited and that the applicants bore the onus of demonstrating a legal error.

The High Court dismissed the application for judicial review.