Owner drivers have been granted authorisation to enable them to collectively negotiate the terms and conditions upon which they provide earthmoving services in the commercial and civil construction sectors in south-east Queensland.
Owner drivers contract with earthmoving companies to pick up and deliver materials to and from construction sites. Most operate as small businesses and are engaged on a job-by-job basis.
The Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland (CFMEU Qld) will provide support services to facilitate the collective negotiations. It will not conduct negotiations on behalf of the owner drivers.
Authorisation provides protection from court action for conduct or arrangements that might otherwise raise concerns under the competition provisions of the Trade Practices Act 1974. Authorisation is granted where the ACCC is satisfied that the benefit to the public from the conduct outweighs any public detriment.
"The ACCC is satisfied that the proposed collective negotiations will result in a public benefit by enabling participating owner drivers to potentially have greater input into terms and conditions than would be the case if they were to deal individually with earthmoving contractors," ACCC Chairman, Mr Graeme Samuel said.
"The ACCC considers that the associated public detriment is limited because participation in the collective negotiations is voluntary, given the absence of any collective boycott conduct and the current small size of the group."
Earthmoving contractors remain able to choose whether or not to deal with the group.
"To ensure that the collective bargaining arrangements continue to be genuinely voluntary for earthmoving contractors, the ACCC has required the CFMEU Qld to regularly inform the ACCC of, among other things, the number of participating owner drivers," Mr Samuel said.
"This information will assist the ACCC to monitor any growth in the size of the group which may be grounds for a review of the authorisation if it impacts on the ability of earthmoving contractors to choose whether to deal with the group or not."
The ACCC's determination will be available from the ACCC website.