The ACCC has decided not to object to the notification lodged by Byron Shire Council, on behalf of itself, Ballina Shire Council and Richmond Valley Council (together, the Councils) to jointly tender, negotiate and administer contracts in relation to the receival, sorting, recovery and processing of recyclables.

This notification, and the ACCC’s decision, provides legal protection until 29 March 2025. Without it, collective bargaining by the Councils may breach competition laws.

The Councils intend to enter into separate contracts with one waste services provider who will service all three Council areas. The contracts will be for three year terms with two options to extend for one year, at the sole discretion of the Councils.

The ACCC considers that the Notified Conduct is likely to result in some improved efficiencies and environmental outcomes, and may also lead to increased competition between potential waste service providers. Further, the ACCC considers that these benefits will outweigh the likely minimal public detriment.

Participation in the Notified Conduct is voluntary and the ACCC did not receive any submissions from interested parties.  

Further information, including the ACCC’s Statement of Reasons, is available on the ACCC’s Public Register.