Three container stevedore companies have amended their contracts with land transport businesses after the Australian Competition and Consumer Commission (ACCC) raised concerns that certain terms in each of these agreements may be unfair contract terms.
DP World Australia, Hutchison Ports Australia and Victoria International Container Terminal (VICT) agreed, after the ACCC's intervention, to remove or amend terms in their standard form contracts that the ACCC considered were likely to be considered "unfair" within the meaning of the Australian Consumer Law – read more.
This is a significant result and an important step towards our advocacy for increased regulator intervention on stevedore landside operations.
Container Transport Alliance of Australia (CTAA) can take credit for this positive outcome as the lead advocate for this particular reform. CTAA has been consistent in opposing the stevedores' access terms that allowed them to vary their carrier access agreement clauses without notice, including the levying of fees, and limiting their liability without reciprocal rights for transport operators.
Together with the CTAA, Freight & Trade Alliance (FTA) and the Australian Peak Shippers Association (APSA) are continuing direct engagement with the ACCC and State / Federal Governments on related matters pertaining to the position on detention and demurrage practices; minimum levels of service; empty container management; shipping line surcharges; dispute mechanisms; and spiralling infrastructure charges / Terminal Handling Charges (THCs).
For a summary of key these advocacy issues, please refer to the following:
FTA/ APSA Submission - to the Federal Senate Committee Inquiry into Australian Shipping
TRANSCRIPT - Rural and Regional Affairs and Transport References Committee Policy, regulatory, taxation, administrative and funding priorities for Australian shipping |
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