The Australian Competition and Consumer Commission today issued a draft determination proposing to continue to authorise the Australian Swimmers’ Association Incorporated (ASA) to collectively bargain with Swimming Australia Limited (SAL) on behalf of its members for a further ten years.
The ASA represents elite swimmers and has 150 full members and 60 associate members. SAL is responsible for administering the sport of swimming in Australia. Its functions include receiving and distributing government and sponsorship funding.
"The ACCC considers that the arrangements are likely to continue to result in public benefits including the potential for greater input by elite swimmers to the terms and conditions of their agreements with SAL, transaction cost savings and enhanced marketing opportunities," ACCC chairman Graeme Samuel said.
Authorisation provides immunity from court action for conduct that might otherwise raise concerns under the competition provisions of the Competition and Consumer Act 2010. Broadly, the ACCC may grant an authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment. The ACCC notes that in general, associations are able to undertake certain representations on behalf of members without the need for authorisation.
The ACCC will now seek further submissions from the applicant and interested parties in relation to this draft determination prior to making a final decision.
The ACCC's determination will be available from the public register on ACCC website.