ACCC proposes to authorise collective bargaining by concrete cartage owner drivers

The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation for owner drivers providing concrete cartage services to collectively bargain with Q-crete.

Q-crete is a Brisbane based concrete supplier that employs the services of seven owner drivers to deliver concrete. Q-crete also has some employee drivers.  However these employee drivers are not part of the proposed collective bargaining group.

"The ACCC considers that the collective bargaining arrangements are likely to result in public benefits through transaction cost savings and providing the opportunity for increased owner driver input into contracts," ACCC chairman Graeme Samuel said.

The arrangements are unlikely to significantly restrict competition given the limited scope of the proposed bargaining group and because participating in collective negotiations will be voluntary for both Q-crete and owner drivers.

Authorisation provides immunity from court action for conduct that might otherwise raise concerns under the competition provisions of the Competition and Consumer Act 2010. Broadly, the ACCC may grant an authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment.

The ACCC will now seek further submissions from the applicants and interested parties in relation to this draft determination prior to making a final decision.

The ACCC's determination will be available from the ACCC website.