Description of Conduct

On 30 November 2015, Council Solutions applied for authorisation on behalf of itself and Adelaide City Council and the Cities of Charles Sturt, Marion, Tea Tree Gully and Port Adelaide Enfield (the Participating Councils). The Applicants propose to jointly tender, negotiate and contract for the supply of:

- waste collection services
- receiving and processing of recyclables
- receiving and processing of organics
- waste disposal services
(together, the Service Streams).

In particular, Council Solutions, on behalf of itself and the Participating Councils, sought authorisation for:

- Council Solutions, on behalf of the Participating Councils, to conduct collaborative competitive tender processes for services within the Service Streams (including the sharing of information), to evaluate the responses in collaboration with the Participating Councils and to negotiate on behalf of the Participating Councils the contractual framework
- the Participating Councils to individually enter into separate contracts on identical or near identical terms with each Supplier/Operator (the contracts for all services within the Service Streams will be on the same general terms and conditions); and
- certain decisions regarding the ongoing administration and management of the resultant contracts to be made jointly by Council Solutions and/or particular Participating Councils.

On 11 February 2016 the ACCC issued a draft determination proposing to grant authorisation in respect of the proposed arrangements for 17 years. A copy of the draft determination is available by following the link below.

On 11 February 2016 the ACCC also granted interim authorisation for the Applicants' proposed conduct.

The ACCC sought submissions from interested parties on the draft determination by 11 March 2016. Submissions are available by following the link below.

A conference was held in Adelaide on 21 March 2016.

In April 2016 the ACCC advised interested parties that it decided to extend the statutory timeframe for release of a final determination in this matter until 23 December 2016. This follows a request by Council Solutions for an extension of time to provide a written submission to the ACCC.

On 30 June 2016 Council Solutions provided its supplementary submission to the ACCC and interested parties were invited to comment on the supplementary submission by 22 July 2016.

On 20 December 2016, the ACCC issued a final determination denying authorisation.

Applicant(s)

  • Adelaide City Council
  • Council Solutions
  • The City of Charles Sturt
  • The City of Marion
  • The City of Port Adelaide Enfield
  • The City of Tea Tree Gully

Authorisation number(s)

  • A91520

Applications

Document title Date
Received

Decisions

ACCC correspondence

Document title Date
ACCC to Interested Parties re Final Determination
ACCC to Applicant re Final Determination
ACCC to the Deputy Prime Minister Barnaby Joyce MP
ACCC to the Hon Christopher Pyne MP
ACCC to Senator the Hon Matthew Canavan
ACCC to WRASA re Material Excluded from Public Register
ACCC to Applicant re Material Excluded from Public Register
ACCC to Interested Parties re Further Revised Timetable
ACCC to Applicant re Extension of Time to Provide Written Submission
ACCC to the Hon Christopher Pyne MP re Submission on Draft Determination
ACCC to Interested Parties re Revised Timetable
ACCC to Applicant re Revised Timetable
ACCC to SA Small Business Commissioner re Revised Timetable
ACCC to Interested Parties re extension of statutory deadline
ACCC to Applicant re Request for Extension
ACCC to Senator John Williams re Extension to Statutory Timeframe
ACCC to Applicant re Pre-Decision Conference
ACCC to Interested Parties re Pre-Decision Conference
ACCC to Interested Parties re Draft Determination
ACCC to Applicant re Draft Determination
ACCC to Interested Parties re Consultation Process
ACCC to Applicants re Interested Party Consultation
ACCC to Applicants re Material Excluded From Public Register
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Submissions - before draft decision

Submissions - after draft decision

Document title Date
Applicant to ACCC re Provision of Further Information
Applicant
City of Charles Sturt
Office of Green Industries South Australia
Applicant to ACCC re Provision of Further Information
Applicant to ACCC re Request for Further Information
Deputy Prime Minister the Hon Barnaby Joyce MP
Phoenix Energy Australia Pty Ltd
The Hon Christopher Pyne MP
Senator the Hon Matthew Canavan
WRASA
Australian Small Business and Family Enterprise Ombudsman
Scout Recycling Centre
South Australian Waste Industry Network
Waste & Recycling Association of South Australia (WRASA)
SA Small Business Commissioner
Supplementary Submission by Applicant
Submission by Council Solutions Requesting Extension
SA Small Business Commissioner
The Hon Christopher Pyne MP
Waste & Recycling Association of South Australia (WRASA)
Australian Small Business and Family Enterprise Ombudsman
Waste & Recycling Association of South Australia Inc.
South Australian Waste Industry Network
Waste & Recycling Association of South Australia (WRASA)
Waste & Recycling Association of South Australia Inc.
South Australian Waste Industry Network
Business SA
Waste Recycling Industry Association (Qld) Inc
J.J. Richards & Sons Pty Ltd
SA Small Business Commissioner
Mastec Australia Pty Ltd
Scout Recycling Centre
Signal Waste and Recycling
Oz Bin Cleaning (South Australia)
Hatch Waste and Recycling
Blue Bins Waste Pty Ltd
Just Co Services
Senator John Williams
Submission
Submission
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Pre-decision conferences