Union calls for end to commission 'attack'

The Transport Workers' Union (TWU) has called on the trade unions royal commission to "end its attack" after the competition watchdog cleared confidential payment agreements the union struck with transport company Toll Holdings.

TWU national secretary Tony Sheldon said the Australian Competition and Consumer Commission's (ACCC) ruling that there was nothing anti-competitive about two confidential deeds between Toll and the TWU - revealed at the royal commission - showed the inquiry was politically motivated.

"Taxpayers' money and our members' money have been wasted through the royal commission's so-called investigation into the TWU," Mr Sheldon said in a statement on Tuesday.

"This latest vindication shows the politically motivated nature of the royal commission and the federal government which set it up."

The ACCC launched an inquiry into the agreements between Toll and the TWU after the deeds, requiring Toll to pay up to $150,000 into a TWU training fund, were revealed in evidence to the Royal Commission into Trade Union Governance and Corruption in mid-2014.

The royal commission investigated the training fund, known as TEACHO, as part of a probe into so-called "related entities" of the TWU, including the industry superannuation fund, TWU Super.

ACCC chairman Rod Sims said on Tuesday no evidence of any conduct that breached competition laws was found.

"After considering all of the information available to it, the ACCC concluded that the provisions in the two deeds did not have the purpose and were not likely to have the effect of substantially lessening competition," Mr Sims said.

In a statement, the royal commission said its interim report, released in December, 2014, had not made any finding or recommendation of a breach of competition laws but had simply noted that the ACCC investigation was taking place.

Toll was required to pay up to $150,000 a year into TEACHO under the terms of enterprise agreements struck in 2011 and 2013.

A condition of the payment was that the union conduct safety audits on Toll's competitors and prosecute for any breaches discovered.

Another part of the payment required the TWU to show Toll that other companies were also required to make payments to the training fund, which was known as TEACHO.

Toll had requested the deeds be kept confidential, the commission was told.

Mr Sims said the ACCC used its compulsory powers and spoke to royal commission lawyers and industry operators during its investigation.

Mr Sims said the ACCC decided the agreements did not breach the Competition and Consumer Act because they were unlikely to reduce competition in the fragmented road freight market, Toll's competitors said they had not suffered, and there was no evidence that the purpose of the agreements was to reduce competition.