37AAuthorisation of conduct for the purposes of the Competition and Consumer Act 2010

#### 37A Authorisation of conduct for the purposes of the Competition and Consumer Act 2010 Conduct in accordance with approved road transport collective agreement (1) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010, anything done in accordance with an approved road transport collective agreement by: (a) the participating hirer; or (b) a contractor driver who is providing applicable services to the participating hirer; or (c) a person representing a person or persons referred to in paragraph (a) or (b); is specified in and specifically authorised by this Act. Entry into approval‑pending road transport collective agreement (2) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010, entry into an approval‑pending road transport collective agreement by: (a) a hirer or potential hirer of contractor drivers; and (b) contractor drivers; is specified in and specifically authorised by this Act. Conduct in preparation for or incidental to entry into or obtaining approval of approval‑pending road transport collective agreement (3) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010, anything: (a) done by: (i) a hirer or potential hirer of contractor drivers; or (ii) a contractor driver; or (iii) a person representing a person or persons referred to in subparagraph (i) or (ii); and (b) done in preparation for, or incidental to, entry into, or seeking approval of, an approval‑pending road transport collective agreement; is specified in and specifically authorised by this Act. Certain conduct not protected (4) Despite subsections (1), (2) and (3), conduct referred to in those subsections is not specified in or specifically authorised by this Act if the conduct is: (a) making a contract or arrangement, or arriving at an understanding, that is or contains an exclusionary provision within the meaning of section 4D of the Competition and Consumer Act 2010; or (b) conduct that is boycott conduct within the meaning of subsection 87AA(2) of the Competition and Consumer Act 2010. Meaning of approval‑pending (5) A road transport collective agreement is approval‑pending if: (a) approval of the agreement under this Part is intended to be or has been sought; and (b) the Tribunal has neither approved nor refused to approve the agreement.