Co-operative Bulk Handling (CBH)

Co-operative Bulk Handling (CBH) is a bulk handling company that was founded in 1933 as a grower-owned cooperative.

ACCC decision to consent to variation

The ACCC decided on 5 December 2012 to consent to the application made by CBH under section 44ZZA(7) of the Competition and Consumer Act 2010 to vary its 2011 Access Undertaking.

The reasons for the ACCC's decision are set out in the decision document, which is available below.

Application to vary 2011 Undertaking

On 26 November 2012, CBH made an application under section 44ZZA(7) of the Competition and Consumer Act to vary its 2011 Access Undertaking.

The proposed variations insert an obligation for CBH to comply with the Continuous Disclosure Rules defined in the Wheat Export Marketing Act 2008. CBH is seeking to make this variation in order to comply with the new access test proposed in the Wheat Export Marketing Amendment Bill 2012.  CBH is also seeking to vary the definition of Accredited Wheat Exporter in anticipation of the abolition of the Wheat Export Accreditation Scheme, as also proposed by the Bill.

Co-operative Bulk Handling Limited Access Undertaking 2011

ACCC Draft Decision

The ACCC released a Draft Decision on 23 August 2011 and seeks comment on the preliminary views contained in the Draft Decision.  Submissions by interested parties are due by 13 September 2011.

Clause 6.1 of the CBH Draft Revised Undertaking has been incorrectly reproduced in the ACCC Draft Decision at page 72. A correction is provided here:

Submissions on the Draft Decision

The ACCC received the following submissions from stakeholders on the Draft Decision paper it released regarding CBH's proposed 2011 Port Terminal Services Access Undertaking (the Proposed 2011 Undertaking):

In response to the ACCC Draft Decision, CBH provided the following submission:

Public Consultation on ACCC Issues Paper

The ACCC commenced public consultation on CBH’s proposed 2011 Port Terminal Services Access Undertaking on 21 April 2011. The deadline for submissions is 20 May 2011.

Further information on the consultation process and how to make a submission is available in the Issues Paper below.

Request for information

On 6 May 2011 the ACCC sent a request to CBH to provide further information to assist the ACCC in its assessment of the proposed Port Terminal Services Access Undertaking submitted by CBH. The ACCC issued this notice pursuant to section 44ZZBCA of the Competition and Consumer Act 2010.

On 30 June 2011 the ACCC sent a request to CBH to provide further information to assist the ACCC in its assessment of the proposed Port Terminal Services Access Undertaking submitted by CBH. The ACCC issued this notice pursuant to section 44ZZBCA of the Competition and Consumer Act 2010.

Submissions on proposed 2011 Undertaking issues paper

The ACCC received the following submissions from stakeholders on the issues paper it released regarding CBH's proposed 2011 Port Terminal Services Access Undertaking (the Proposed 2011 Undertaking):

In response to the ACCC issues paper, CBH provided the following submission:

In response to issues raised at meetings held bewteen the ACCC and CBH on the 21 June and 7 July 2011, CBH provided the following submission:

Co-operative Bulk Handling Limited 2009 Undertaking

For additional information relating to the Port Terminal Services Access Undertaking and the process leading to its submission and acceptance, please refer to the Key Documents on the Undertaking Process below.

As part of the Undertaking, CBH is required to publish its Port Terminal Rules and a current shipping stem on its website.

www.cbh.com.au (opens in new window)

Please note that the ACCC is not responsible for the quality, validity or accuracy of information published to CBH's website.  Links to other websites are provided for convenience and do not constitute endorsement of material at those sites or any associated information, product or service.

Key Documents of the Undertaking Process

On 14 April 2009, CBH lodged an Undertaking for assessment under section 44ZZA of the TPA (known as the Competition and Consumer Act 2010 (CCA) from 1 January 2011).