2007: A year in review – The ANF Policy Team
It has been a busy first year for ANF Policy team after being newly created in December 2006. The policy team has effectively communicated newsagents’ views and concerns on a diverse range of issues – to both government and industry partners. The team has worked hard on raising the ANF’s profile and ensuring newsagent interests are considered and acted upon. The following list exhibits some of the major projects the policy team has worked on this year.
Trade Practices:
Early in the year the ANF put forward a submission to the Hon Fran Bailey MP, Minister for Small Business and Tourism about the possible amendments that the government was considering for the TPA. The government has since then amended Trade Practices legislation and subsequently called for interested parties to make further submissions in July. The ANF made a submission to the Senate on the TPA for their consideration accordingly. The ANF submission emphasised that it would support some of the reforms proposed by Senator Fielding in relation to ‘Predatory Pricing’ and also those of the Democrats and Senator Barnaby Joyce. The ANF emphasised that further strengthening of Section 51AC ‘Unconscionable Conduct’ was urgently required.
Collective Bargaining:
Western Australia
The ANF made a formal application to the ACCC to commence a collective negotiation with West Australian Newspapers in an effort to remedy retail and distribution contractual issues. The ANF was able to support the application with a significant number of ‘opt-in’ forms (170) from both retail and distribution-only members. Early September, the ANF was informed of 3 opposing submissions concerning the ANF application and was able to defend ANF and WA members’ concerns effectively. The ANF’s notification was formally approved by the ACCC.
Arbitration
Over 150 WA newsagents lodged Notices of Dispute with WAN requesting arbitration in an effort to resolve late delivery issues. The ANF supported members in the face of rejection from WAN, with subsequent ‘proforma’ letters and direct representation calling for negotiations to take place. The pressure exerted by the ANF with the support of membership effectively resulted in better delivery times from WAN.
Transport Ticketing:
Queensland
The ANF has attempted since 2005 to broker an effective agreement with parties on the continued supply of transport tickets via newsagents. In September 2007 negotiations failed after the ANF, under advice from its legal representative, was unable to accept and burden newsagents with terms that have resulted in ‘take it or leave it’ contracts. The ANF has effectively lobbied to Transport Minister John Mickel and QLD Premier Anna Bligh to investigate the impact of the failed negotiations on the newsagency industry. The ANF has also established a relationship with QLD Shadow Minister for Transport Tim Nicholls to ensure newsagents’ interests are considered and acted upon. A Petition has been compiled and distributed amongst QLD metropolitan newsagents in an effort to raise commuter awareness and assist newsagents’ ticketing cause.
Victoria
The ANF forwarded a submission to the Minister for Public Transport The Hon Lynne Kosky to relay newsagents’ wish to remain principle purchase point for the new Myki bus tickets. In August VANA/ANF met with TTA to discuss commercial terms with newsagents. The ANF has written to Lynne Kosky MP again in October reinforcing the benefits of retaining bus tickets in the newsagency channel for both newsagents and the commuting public.
Lotteries:
New South Wales
The ANF was invited by NSW Lotteries to submit newsagent views on 20 proposed changes to clauses of the public lotteries regulations. The main issues regarded the distribution costs and display of player information brochures at point-of-sale, display of gambling counselling signage and general costs accrued by Newsagents as a Public Lotteries licensee. The ANF was requested to further elaborate on concerns for clause 15 regarding EFT payments and major prize winners.
Victoria
In May the ANF made a submission to the Legislative Council Select Committee on Gaming Licensing. The submission outlined the impacts to the newsagent industry as a result of the government’s delay in allocating the licence and more importantly, the concerns regarding the removal of Instant Lottery products from our channel into supermarkets and multiple chain stores.
Retail Tenancy:
The ANF lodged a submission with the Productivity Commission into Retail Tenancy Leases. In the submission the ANF addressed the imbalance of market power between landlords and retail tenants and the need for changes to address this market failure. In particular the ANF recommended that collective bargaining provisions be further amended and unconscionable conduct provisions within the Trade Practices Act be amended to provide some meaningful protection for small business. The ANF received a great response from newsagents regarding tenancy practices to support the submission.
ACCC Enquiries:
ACP proposed acquisition of Emap
The ANF’s submission centred on the detriments of ACP owning over 50% of the market share of magazines and the monopoly over the men’s lifestyle range. The ACCC requested further information from the ANF concerning shelf life and the returns process. The ANF was able to elaborate also on the difficulties newsagents face with take it or leave it contracts.
Woolworths proposed acquisition of certain Coles assets
The ANF was able to respond specifically to the implications of Woolworths acquiring Officeworks. The submission highlighted predominant issues such as trading hours, parking, product volume, accessibility and prices, marketing, and the credibility of the “N” brand. The ACCC contacted ANF for further comment to assist with the enquiry. After concluding the investigation, the ACCC denied the Woolworths acquisition – the ANF along with many other industry partners was instrumental in the decision.
ANF Policy Website:
There is now a policy section on the ANF website which includes access to past submissions and letters prepared by the ANF on Newsagents’ behalf. Public comment is invited through the ‘Documents for comment’ page which consists of the most recent submissions and ANF representation.
* ANF members can view an extensive list of the Policy Team’s achievements for 2007 in the members-only section of the website.
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