ACCC proposes to grant authorisation to owner drivers to collectively bargain with Toll

22 July 2014

The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to owner driver members of the Transport Workers’ Union in Queensland to engage in collective bargaining with Toll for air freight courier transport services.

The application relates to owner drivers engaged by Toll in Queensland who provide freight services from the Toll Priority Brisbane depot located near Brisbane Airport.

“Collective bargaining will allow owner drivers to share transaction costs and will improve their input into contractual arrangements,” ACCC Deputy Chair Dr Michael Schaper said.

The ACCC is proposing to grant authorisation for three years and also grants interim authorisation to the Transport Workers’ Union and its members to commence collective bargaining while the application is being assessed but not enter into contracts.

The ACCC has previously authorised the Transport Workers’ Union to collectively bargain on behalf of owner drivers with other businesses who transport freight services. Like those previous matters, participation in the current collective bargaining arrangement is voluntary for Toll and any of the owner drivers.

The ACCC is seeking submissions from interested parties in relation to its draft determination, before making a final decision.

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 authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment.

Further information about the application for authorisation and the granting of interim authorisation is available at  

Release number: 
NR 184/14
ACCC Infocentre: 

Use this form to make a general enquiry.

Media enquiries: 
Media Team - 1300 138 917,