Council of the City of Shellharbour and Ors

On 21 December 2023, Shellharbour City Council and Wollongong City Council (the Applicants) applied for authorisation to undertake joint procurement for the following waste collection services for their respective areas:  

• garbage collection services (residential and commercial properties)  
• recyclables collection services (residential and commercial properties) 
• food organics and garden organics collection services (residential and commercial properties) 
• bulky waste collection services  
• public place waste and litter bins services (Shellharbour City Council only)  
• mobile bin wheel-out wheel-back collection services 
• supply, repair and removal of mobile bins  
• waste education and customer service. 

The Applicants previously received ACCC authorisation for similar conduct which is due to expire on 30 June 2029.  

On 14 May 2024, the ACCC issued a draft determination proposing to grant authorisation for a period of 11 years. The ACCC also granted interim authorisation to enable the Applicants to commence the joint procurement conduct, but not enter into and give effect to any contracts, while the ACCC considered the substantive application.

On 27 May 2024, the Applicants amended the period of authorisation sought to extend until July 2037, however the maximum contract period sought remained the same (being 7 years initial term, and optional 3-year extension).

On 6 June 2024, the ACCC issued a final determination granting authorisation until 1 July 2037.

The ACCC’s final determination, draft determination and application for authorisation are available below.