ACCC proposes to authorise Queensland lottery agents collective bargaining arrangements

The Australian Competition and Consumer Commission has issued a draft determination proposing to authorise* the continued collective negotiation by Lottery Agents Queensland Ltd** of the terms and conditions of agency agreements between Queensland lottery agents and the Golden Casket Lottery Corporation.
"The collective bargaining arrangements provide lottery agents with a greater opportunity to have input into the negotiation of terms and conditions of their contracts with Golden Casket," ACCC Chairman, Mr Graeme Samuel, said.

The ACCC considers the public detriment resulting from the arrangements to be minimal having regard to the current level of competition between lottery agents, the voluntary nature of the arrangements and the absence of any boycott activity.

The collective bargaining arrangements were initially authorised by the ACCC in September 2003.  This authorisation expired on 25 September 2008. 

On 2 September 2008 Lottery Agents Queensland lodged an application for revocation and substitution*** for the continued operation of the arrangements.  Lottery Agents Queensland also requested interim authorisation, which the ACCC granted on 24 September 2008.

The ACCC's draft determination will be available from the ACCC website, www.accc.gov.au.

The ACCC is seeking submissions from interested parties in relation to its draft determination. Submissions can be made to: The General Manager, Adjudication Branch, Australian Competition and Consumer Commission, GPO Box 3131, Canberra, ACT, 2601. Submissions can also be lodged by fax on (02) 6243 1121 or by email to: adjudication@accc.gov.au.

Background

*Authorisation provides protection from court action for conduct or arrangements that might otherwise raise concerns under the competition provisions of the Trade Practices Act 1974.   Authorisation is granted where the ACCC is satisfied that the benefit to the public outweighs any public detriment.    The ACCC conducts a comprehensive public consultation process and issues a draft determination before making a decision to grant or deny authorisation.

**Lottery Agents Queensland Ltd was formerly known as the Golden Casket Agents Association Ltd.

***Parties can seek to revoke an existing authorisation and substitute a new authorisation in its place. The ACCC's process for assessing applications for revocation and substitution is the same as for authorisation.