New South Wales Minerals Council (NSWMC)

Summary

The NSW Minerals Council and ten mining companies seek authorisation to collectively bargain with Port of Newcastle Operations Pty Ltd (PNO) all terms and conditions of access relating to the export of coal from Port of Newcastle.  The mining companies are Glencore Coal, Yancoal, Peabody Energy, Bloomfield Collieries, Centennial Coal,  Malabar Coal; Whitehaven Coal, Hunter Valley Energy Coal, Idemitsu Australia, and MACH Energy Australia.

Specifically, the Applicants seek authorisation to:

·          collectively discuss and negotiate the terms and conditions of access, including price to the Port of Newcastle (the Port) for the export of coal (and any other minerals) through the Port

·         discuss amongst themselves matters relating to the above discussion and negotiations,  and

·         enter into and give effect to contracts, arrangements or understandings with PNO containing common terms which relate to access to the Port and the export of minerals through the Port (the Proposed Collective Bargaining Conduct).

Participation in the Proposed Collective Bargaining Conduct is voluntary, and does not include proposed collective boycott activity.  The Applicants seek authorisation for 10 years. 

The Applicants requested urgent interim authorisation to commence collective negotiations with PNO in relation to the terms and conditions of a pro forma ten year pricing Deed recently offered to port users by PNO.

On 2 April 2020 the ACCC granted interim authorisation in respect of the collective bargaining application lodged by the Applicants. Interim authorisation  is granted to enable the Applicants to commence collective discussions amongst themselves and negotiations with PNO in relation to the terms and conditions of access, including price, to the Port of Newcastle.  For further information, please refer to the ACCC’s Interim Authorisation Decision below.

Submissions on the  substantive application for authorisation are due by 3 April 2020. Submissions should be emailed to adjudication@accc.gov.au with the subject ‘NSW Minerals Council - AA1000473’. For further information about the Proposed Collective Bargaining Conduct and how to provide a submission to the ACCC, please refer to the links below.

An indicative timetable is set out below for your information.

6 March 2020

Lodgement of application and supporting submission, including request for interim authorisation.

11 March 2020

Public consultation process begins.

18 March 2020

Closing date for submissions on interim authorisation from interested parties.

2 April 2020

Interim authorisation decision.

3 April 2020

Closing date for submissions on the substantive application for authorisation from interested parties.

April 2020

Applicant responds to issues raised in the public consultation process.

May/June 2020

Draft determination.

June/July 2020

Public consultation on draft determination including any conference if called.

July / August 2020

Final determination.

Applicant(s)

  • Glencore Coal Assets Australia Pty Limited
  • Bloomfield Collieries Pty Ltd
  • Malabar Coal Limited
  • Whitehaven Coal Mining Limited
  • Hunter Valley Energy Coal Pty Ltd
  • MACH Energy Australia Pty Ltd
  • New South Wales Minerals Council
  • Peabody Energy Australia Pty Ltd
  • Idemitsu Australia Resources Pty Ltd
  • Yancoal Australia Limited
  • Centennial Coal Company Limited

Authorisation number(s)

  • AA1000473-1