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ICA takes on Big Business, Big Union, Big Regulator with legal appeal

Friday, November 07, 2014

You may recall that in the middle of last month ICA was highly critical of the Australian competition regulator, the ACCC.

The ACCC had granted approval for the transport union, the TWU, to ‘collectively bargain’ with the transport giant Toll on behalf of some owner-drivers. We had previously lodged an objection to the application by the TWU. We objected because Toll had admitted that it was making secret payments ($50,000 plus) to the TWU on the condition that the TWU harass Toll’s competitors.

Amazingly, the ACCC says that the fact of Toll’s admitting to anti-competitive agreements with the TWU is ‘not relevant’ to the TWU’s collective bargaining application.

There’s a saying that ‘bad things happen when good people do nothing’. We’ve decided to do something!

We have lodged an appeal to the Australian Competition Tribunal, submitting that the ACCC’s decision to grant the collective bargaining should be reversed. Here’s our application to the tribunal.


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