The Australian Competition and Consumer Commission (ACCC) has announced it has granted collective bargaining rights to a cabal of coal producers for access to the new coal terminal at Dudgeon Point, and with Aurizon Network for access to rail infrastructure for transport to the terminal.

The ACCC has granted the collective bargaining rights to o Endocoal, Whitehaven Coal, Yancoal Australia, QC Resource Investments and Linc Energy to collectively bargain with Adani Mining for access to the port.

This decision allows coal miners to conduct more timely and efficient negotiations to secure terminal and rail capacity, which is likely to reduce the risk of unnecessary delays in the construction of this terminal and coal export growth,” ACCC Commissioner Joe Dimasi said.

“The ACCC is satisfied that the voluntary nature of the arrangements and the limited scope of the negotiations means there is little, if any, public detriment.”

The ACCC has granted authorisation until 5 April 2028 to cover initial contract negotiations and to give effect to any subsequent long term contracts.

Authorisation provides immunity from court action for conduct that might otherwise raise concerns under the competition provisions of the Competition and Consumer Act 2010.  Broadly, the ACCC may grant an authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment.  Interim authorisation allows the parties to engage in the conduct prior to the ACCC considering the substantive merits of the application.