Shake-up for waste deals

NEW contracts will be drawn up for hundreds of small businesses across Cairns that use waste management giant JJ Richards after the Federal Court found the company’s standard agreement contained eight unfair terms.

The landmark case was the first time the Australian Competition and Consumer Commission has used new laws protecting small businesses from unfair contract terms.

JJ Richards is one of the largest privately-owned waste management companies in CONTENDER: Jonathan Tindall, from Trinity Park, won the Great Barrier Reef Half Marathon last year. Australia and handles all of Cairns Regional Council’s household rubbish pick-ups.

The council’s own customised contract will not be affected by the court’s ruling but Far North businesses that use the cookie-cutter agreement will benefit from the change.

Cairns Chamber of Commerce president Nick Loukas said it was a classic example of large organisations taking advantage of small operators.

He said more protections should be in place for small and medium-sized enterprises.

“We think sometimes the ACCC overreaches, but in this instance they’re trying to protect small business which great,” he said.

ACCC deputy chairman Dr Michael Schaper said the decision served as a reminder for large businesses to review their standard form contracts.

“The ACCC will not hesitate to take appropriate action to ensure large businesses are complying with the unfair contract terms provisions,” he said.

Some of the terms included the removal of any liability where the company’s performance was “prevented or hindered in any way” and banning customers from terminating contracts if they had payments outstanding. is