Transport Workers' Union of Australia - Authorisation - A91427

On 5 May 2014, the Transport Workers' Union of Australia Queensland Branch (the Applicant) lodged application A91427 with the ACCC under subsection 88(1A) and 88(1) of the Competition and Consumer Act 2010 (the CCA). The Applicant also requested interim authorisation to commence collective bargaining while the ACCC is considering the substantive application.

The Applicant sought authorisation for owner driver members contracted to Toll Transport Pty Ltd (Toll Transport) to engage in collective bargaining, with the assistance of the Applicant, for the purpose of establishing new contractual arrangements for the supply of air freight courier transport services. The application only relates to owner drivers engaged by Toll Transport to provide air freight courier transport services at the Toll Priority Brisbane depot, which is located near Brisbane Airport.

On 22 July 2014, the ACCC issued a draft determination proposing to grant authorisation for three years to the Applicant and the owner drivers it represents to collectively bargain over certain terms and conditions with Toll Transport for the purpose of establishing new contractual arrangements for the supply of air freight courier transport services. The ACCC also granted interim authorisation to enable the Applicant to commence collective bargaining until the date the ACCC's final determination comes into effect or until the ACCC decides to revoke interim authorisation.

On 16 October 2014, the ACCC granted authorisation until 31 October 2017 to the Transport Workers Union of Australia Queensland Branch and its current and future drivers to collectively bargain over certain terms and conditions with Toll Transport Pty Ltd for the purpose of establishing new contractual arrangements for the supply of air freight courier services at the Brisbane airport depot.

On 3 November 2014, Independent Contractors Australia applied to the Australian Competition Tribunal for review of the Determination.

On 21 January 2015, Justice Mansfield of the Australian Competition Tribunal issued a decision that:
(i) The Application by ICA to review authorisation A91427 of the ACCC was refused - there was no basis for the Tribunal to be satisfied that ICA had any members who were owner drivers who were presently or who wish to perform work at or from the Depot for Toll Transport. The Tribunal did not consider that ICA therefore either directly or indirectly through a member had any actual commercial interests which were or may have been affected by the authorisation.

The ICA's claimed interest as a general representative of small business and independent contractors was not accepted, as the limited and specific nature of the authorisation and review of it by the Tribunal would not have any precedential effect in the sense of setting any industry benchmark.

(ii) CoSBA was refused leave to intervene in the application - CoSBA had not indicated either an intention to, or a capacity to provide any meaningful or relevant evidence to the Tribunal beyond that which ICA might have adduced, or had the capacity to adduce.