The ACCC has not objected to the notification lodged by The National Copyright Unit (NCU) on behalf of the Copyright Advisory Group for TAFEs (CAG TAFE) and its members, Victorian TAFEs and other TAFE entities who may elect to join this group in the future (together, the Notifying Parties) on 15 November 2022 to collectively negotiate licence agreements for access to standards in TAFEs with Standards Australia Limited, SAI Global Australia Pty Ltd and/or Techstreet LLC.
By lodging a notification with the ACCC, the Notifying Parties gain legal protection to participate in collective bargaining that may otherwise breach competition laws because it involves joint action by competitors.
The ACCC considers collective bargaining is likely to result in public benefits in the form of reduced overall transaction costs for the Notifying Parties and the negotiation of more efficient terms and conditions of access to standards by TAFEs. The ACCC considers there is likely to be minimal, if any, public detriment.
The ACCC has decided to allow the immunity provided by the notification to remain in force for 10 years from the date that it was lodged. The notification came into force on 29 November 2022 and will remain in force until 14 November 2032 unless it is withdrawn or revoked.
Copies of the notification and our Statement of Reasons are available on our public register.