Job Futures Limited t/a CoAct - Revocation and Substitution - A91493 & A91494

Summary

On 9 April 2015 Job Futures t/a CoAct sought reauthorisation to make and give effect to contracts or arrangements with members of CoAct including the following provisions:

Non-compete arrangements
-Requiring that a member which has entered into a subcontract with CoAct will not supply or tender to supply the services except: by written agreement of CoAct; or by providing notice of its intention to withdraw from tendering arrangements with CoAct no later than 18 months before the end of the relevant contract period (CoAct may restrict an existing member's access to information or require the organisation to continue to deliver services during the remaining contract period)
-Unless written consent has been given by CoAct, an organisation that enters into a contract with another party for the provision of all or part of the same services for which it is contracted by Job Futures is in breach of its contract with CoAct and its conditions of membership
-Requiring that a member (that is not, at the relevant period, a subcontractor) will not tender to supply services for any contracts that are held by CoAct (other than contracts which CoAct does not intend to tender), unless the prior written consent of CoAct has been obtained.

Collective tendering arrangements:
-Allowing for the development of co-operative tendering arrangements for government and other contracts
-Agreeing as to the price that will be tendered by CoAct on behalf of its members
-Agreeing as to the price paid for the services provided by members under contracts with CoAct
-Agreeing to the territories for which CoAct will tender and in which CoAct and its members will deliver services
-Enabling CoAct and its members to enter into agreements in relation to specific tender opportunities which require the member organisation to participate in that specific tender with CoAct.

On 31 July 2015 the ACCC issued a draft determination, proposing to re-authorise the conduct, for 10 years.

Bridging the Gap Inc and Marillac Ltd requested that the ACCC convene a conference in relation to the draft determination. A conference was held on 11 September 2015.

Subsequent to the conference, CoAct requested that the ACCC defer consideration of its final decision until after CoAct had put proposed changes to its members at a meeting in mid-2016. The ACCC agreed to do so.

On 20 June 2016, CoAct made a further submission to the ACCC, making one amendment to its application, relating to the non-compete provisions. The non-compete provisions are now limited to jobactive services, rather than any contracts held by CoAct.

On 28 July 2016 the ACCC issued a final determination granting authorisation for a period of ten years.

A copy of the ACCC's determination is available by following the links below.

Applicant(s)

  • Job Futures Limited

Authorisation number(s)

  • A91493
  • A91494

Applications

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Decisions

ACCC correspondence

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