ECLI:NL:GHAMS:2021:3978
Authority: Court of Appeals Amsterdam
Parties: Deliveroo / FNV
Subject: Scope of the CBA for the professional goods transportation industry.
Summary of facts: In these proceedings, FNV – a union – takes the position that the collective bargaining agreement for the professional goods transportation industry applies to Deliveroo for the periods that the cba was declared generally binding. The cantonal court ruled that Deliveroo falls within the scope of the cba and orders the company to comply with the CBA.
Legal question: Does Deliveroo fall within the scope of the collective bargaining agreement for the cargo delivery industry?
Considerations: The court rejects the stance of Deliveroo that it is a technology company, and that meal delivery is not its core activity. The delivery of meals falls under the criterion of “transport other than of persons by road” of the cba. The fact that the cba contains provisions that only apply to motorized transportation does not mean that the cba (automatically) only applies to motorized transport. Normal or common usage contains no indication that delivery by bicycle does not fall within the scope of its application. In the past, the term 'goods transport' mainly referred to (heavy) motorized vehicles, but that term has been subject to change. It also includes forms of non-motorized transport, such as transport by bicycle or scooter.
Ruling: The court of appeals confirms the decision of the cantonal court. Deliveroo falls within the ambit of the cba for the professional goods transportation industry.