One Rail Australia (FLA) Pty Ltd and Ors

One Rail Australia, Manildra Group, Pacific National, Qube, Southern Shorthaul Railroad, Sydney Rail Services, Linx Rail (now known as Swift Rail) and Aurizon (together, the Applicants) seek revocation of authorisation AA1000425 and substitution for a new authorisation AA1000644 for related, but expanded conduct.

Under the previous authorisation AA1000425, the Applicants were authorised to collectively negotiate with Transport for NSW in relation to the non-price terms and conditions on which they acquire below rail access to parts of Transport for NSW's Sydney Metropolitan Passenger Network and Country Regional Network.

The Applicants sought authorisation for approximately 10 years until 31 October 2033 for broader conduct, to collectively bargain with a number of rail network owners on:

1. the non-price terms and conditions on which they will acquire track access
2. the broad pricing principles that will apply for access to, and use of, their respective networks, but not the actual prices that will apply as between rail network owners and individual Applicants
3. to enter into and give effect to bilateral contracts, arrangements or understandings between the Applicants and rail network owners which contain common terms and conditions relating to the track access arrangements.

The rail network owners who the Applicants seek to collectively bargain with are Transport for NSW (who they were previously authorised to bargain with) and the Transport Asset Holding Entity of New South Wales, Arc Infrastructure in Western Australia, VicTrack, the Victorian Department of Transport, Metro Trains Melbourne and V/Line in Victoria, Queensland Rail in Queensland, ARTC in relation to its interstate and inland rail networks, and Aurizon in relation to its Darwin to Tarcoola network.

On 12 October 2023, the ACCC granted interim authorisation to the Applicants, and other current and future rail operators using the relevant rail networks, to collectively negotiate with Transport for New South Wales, the Transport Asset Holding Entity of New South Wales and the Australian Rail Track Corporation in relation to the terms and conditions on which they acquire below rail access to certain parts of the Rail Network Owners’ respective networks.

On 22 November 2023, the ACCC issued a draft determination with conditions proposing to grant authorisation for approximately 10 years, until 31 October 2033.

On 1 February 2024, the ACCC issued a final determination granting authorisation with conditions until 31 October 2033.

A copy of the ACCC’s final determination is available below.