Application by Independent Contractors Australia

Independent Contractors Australia applied to review a determination of the Australian Competition and Consumer Commission (ACCC) authorising collective bargaining by the Transport Workers Union Queensland Branch. The ACCC's authorisation was geographically confined and permitted limited conduct. The Australian Small Business and Family Enterprise Ombudsman and the Combined Small Business Alliance of WA sought leave to intervene in the proceedings. The primary issue before the Tribunal was whether Independent Contractors Australia had a sufficient interest in the authorisation to warrant review. The Tribunal also considered whether the other applicants had standing to intervene.

The Tribunal examined the evidence and submissions, including affidavits and webpages of Independent Contractors Australia. It found that the applicant did not have any members who were owner drivers performing work at or from the Depot for Toll Transport, nor did it have any members who wished to perform such work. Consequently, the Tribunal concluded that Independent Contractors Australia did not have any actual commercial interests affected by the authorisation. The Tribunal also rejected the applicant's argument that it had standing as an industry body with a special interest in the authorisation. The Tribunal emphasised that the authorisation did not affect the policy setting for the Competition and Consumer Act 2010 or its amendment.

The Tribunal refused the application for review and also denied leave to intervene to the other applicants. It noted that the decision involved determining a question of law as to the proper scope and operation of the relevant statutory provisions. The Tribunal's reasons were those of the President to the extent the decision involved determining a question of law, and those of the Tribunal as constituted to the extent it involved the application of the law.