The Australian Competition and Consumer Commission has accepted court-enforceable undertakings from Janue Pty Ltd, trading as All Modes Dangerous Goods Training, to resolve concerns the company misrepresented its accreditation with the International Air Transport Association.
The Northern Territory based company provides courses throughout Australia for businesses and individuals, particularly in the airline and transport industries, on dangerous goods handling.
In November 2004, the All Modes Dangerous Goods Training (AMDGT) website stated it had accreditation as an 'approved school' with the International Air Transport Association (IATA), when no such accreditation had been granted. In the ACCC's view, the misrepresentation may have contravened consumer protection provisions of the Trade Practices Act 1974.
IATA is the peak world body governing, among other things, the handling of dangerous goods by airline and transport company staff to ensure consistency throughout the world. IATA has 270 members from over 140 nations and has broad government and departmental support (including the Civil Aviation Safety Authority in Australia).
When the matter was brought to AMDGT's attention, it cooperated with the ACCC and immediately removed the statement from the website and has provided undertakings to ensure that similar issues will not arise in the future.
All Modes Dangerous Goods Training has given court-enforceable undertakings that it will:
- not represent that it has accreditation as an 'approved school' with IATA unless it did in fact have such IATA accreditation
- write to all AMDGT customers who believed they were completing IATA accredited courses with AMDGT and offer those customers who believe they had been misled by the claims, a refund equalling the costs of the services the customers paid to AMDGT, and
- strengthen its existing corporate trade practices compliance program to ensure similar potential breaches of the Act do not occur in the future.
ACCC Chairman, Mr Graeme Samuel, said the matter highlights the need for businesses to be careful when they are putting together advertising material and ensure goods or services are what they are represented to be.
"Any business that represents that it has IATA accreditation in relation to the transportation and storage of dangerous goods when it does not, raises potential risks to Australian consumers and industries".