Senate debates

Wednesday, 24 September 2014

Committees

Environment and Communications Legislation Committee; Report

5:45 pm

Photo of Peter Whish-WilsonPeter Whish-Wilson (Tasmania, Australian Greens) Share this | Hansard source

The Greens would also like to acknowledge the LPOG network, especially Angela and Andrew, and all the hard work and tenacity that they have shown. I think it has been very clear to all members of the committee that this really is a David and Goliath situation. The committee has had to approach small businesses, particularly in remote rural and regional areas, which are having to look at the viability and sustainability of the businesses that they have put their life savings into. Some of them moved into communities that had not previously been in.

The Greens are very pleased that the report has been done. It has been a long, complicated process and there has been a lot of hard work done by a large number of people, including through cross-party support between the minor parties and Labor and Liberal committee members. We have come together to present this report today.

I would like to say that I am disappointed—I think I probably reflect the disappointment of some of the other senators right across the political spectrum—that we could not get recommendation 17 done during the inquiry. There was a genuine attempt by all members of the committee to get a comprehensive time-and-motion study done. Senator O'Sullivan particularly led the charge on that. We wanted to get that comprehensive study done by the Senate so that it was seen to be independent. However, we got a study done by Australia Post by KPMG. I have received information, through the committee, from one LPO in Tasmania that certainly casts doubt on the validity of some of the conclusions of that report.

The really hard work probably starts here now in getting the government to take some action to see out these suggested studies that the Senate committee has so strongly recommended—particularly recommendation 17, as Senator Urquhart outlined, and recommendation 4.

It also is important that, given the proposed changes to the franchising code of conduct—the new powers that the ACCC will shortly get—that the ACCC uses these new audit powers to obtain documents that the franchiser relied upon to support statements. It has new far-reaching powers to have a look at the franchising agreements between the licensed post offices and Australia Post. I think this is going to be quite important. I understand that the committee is considering writing a letter on behalf of the licensed post offices to the ACCC—hopefully, it will—asking them to have a look at this.

Over recent years a number of small licensed post offices and some post office groups have written to the ACCC. It is outlined on page 11 of the report that back in 2004, at a POAAL national conference, the then ACCC commissioner John Martin stated:

Given Australia Post’s dominant position—

with regard to market power—

any allegation of conduct by it which deliberately damages the competitive process would be investigated by the ACCC.

My understanding is that the allegations that have been made to the ACCC have not been investigated. I hope that the committee will be able to write and ask them—particularly after any laws are passed by parliament in relation to the franchising code of conduct—also to do a comprehensive additional study on the issues, which we have spent the last nine months listening to, with respect to agreements that have been in place, in some cases, for over 20 years.

As was quite rightly pointed out by Senator Ruston, over the last couple of decades the whole landscape of the postal industry in this country has changed quite substantially. However, it has become very clear to committee members that the nature of franchise agreements has not changed in line with the changing landscape.

We have seen some very genuine distress in a number of the licensed post office groups, especially in Tasmania. I met with nearly 35 of them. They really are under significant pressure. They are small businesses that provide a vital public good through their community service obligations, particularly in rural and regional areas. They are a huge part of the community. They are pretty much everything we should be supporting and pretty much everything that is good about small businesses in this country.

Unfortunately, I only have a few seconds left but I hope that from here on in we can keep the tri-partisan support that the committee has had to put pressure on the government to make sure these studies get done and that we get you guys in the gallery the result that you need.

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