On 13 October 2021, the Australian Competition and Consumer Commission (the ACCC) received an application for authorisation from six local councils in the Barwon Region. The six councils are Borough of Queenscliff, City of Greater Geelong, Colac Otway Shire, Golden Plains Shire, Surf Coast Shire, Wyndham City Council (the Six Councils) and Barwon Region Water Corporation (Barwon Water) (the Applicants). The Applicants are seeking authorisation for the Six Councils to engage in collective bargaining with Barwon Water to negotiate the terms of waste supply agreements covering the provision of organic waste material and the supply of waste processing services through a Regional Renewable Organics Network (RRON). In summary, this would include negotiating terms, discussions between the Six Councils regarding contractual intentions and the entry and giving effect to the individual contractual agreements. The RRON is a proposed organics processing facility developed by Barwon Water and the Councils. The Applicants are seeking authorisation for 20 years from the date of the ACCC’s final determination.
The Applicants also requested interim authorisation to allow the Six Councils to engage collective bargaining with Barwon Water prior to the ACCC’s final determination in relation to the substantive application for authorisation.
On 11 November 2021 the ACCC granted interim authorisation. A copy of the interim authorisation Statement of Reasons is available below.
On 9 December 2021, the ACCC released its draft determination, proposing to authorise the Applicants to engage in collective bargaining regarding the terms of waste supply and processing agreements through the RRON for 20 years.
On 10 February 2022, the ACCC issued a determination granting authorisation until 10 February 2042.
Further detail on the authorised conduct is available in the final determination below.
|ACCC to Interested Parties re Draft Determination ( PDF 133.64 KB )||9 Dec 2021|
|ACCC to Interested Parties re Consultation Process ( PDF 179.52 KB )||19 Oct 2021|
|ACCC to Interested Parties re Final Determination ( PDF 159.97 KB )||10 Feb 2022|
|ACCC to Interested Parties re Interim Authorisation Decision ( PDF 130.76 KB )||11 Nov 2021|
Submissions - before draft decision
|Applicant's response to ACCC request for information ( PDF 741.2 KB )||29 Oct 2021|