BORDERS - INVESTING IN YOUR GREATEST ASSET - Freight Trade Alliance

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BORDERS - INVESTING IN YOUR GREATEST ASSET - Freight Trade Alliance
EDITION ONE 2022

ACROSS

BORDERS

INVESTING IN YOUR
GREATEST ASSET
                      PRODUCTIVITY COMMISSION TO EXAMINE AUSTRALIA’S MARITIME
                                    LOGISTICS SYSTEM – THE HON BARNABY JOYCE
        SIMPLIFYING LOGISTICS EDUCATION WITH WISETECH ACADEMY – BILL MURPHY
  BIOSECURITY INITIATIVES AND INNOVATIONS TO KEEP CARGO MOVING – ANDREW TONGUE
BORDERS - INVESTING IN YOUR GREATEST ASSET - Freight Trade Alliance
Artist impression

BRAND NEW FREE-STANDING DISTRIBUTION FACILITY IN
MELBOURNE’S PREMIER WESTERN LOGISTICS CORRIDOR.
AVAILABLE Q4 2022
Secure your future and beat the market with this ultimate warehouse opportunity adjacent
the future proposed Altona Intermodal Terminal.

SALTA PROPERTIES IS PROUD TO OFFER FOR LEASE THIS          This brand-new facility will be constructed on Salta’s Nexus
INDUSTRIAL FACILITY COMPRISING:                            Altona Industrial Estate located 19kms from the Port of
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• 20,089 SQM DISTRIBUTION WAREHOUSE WITH A                 including the Western Ring Road and the Princes Freeway. The
  HIGH-QUALITY 603 SQM SINGLE LEVEL OFFICE                 warehouse offers excellent operational functionality, designed
• 3,792SQ M OF HARDSTAND                                   for major logistics and distribution requirements, providing
                                                           access to High Productivity Freight Vehicles of up to 32m in
• 14M WIDE CANTILEVERED CANOPY
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• 5 WEATHER PROTECTED ON GRADE ROLLER SHUTTER              cantilevered canopy, five on grade roller shutter doors, five
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• BUILDING RIDGE HEIGHT APPROX. 13.7M, AND A SPRINGING
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                                                           ACFS Port Logistics, with other major logistics operations
                                                           including DHL, Toll & Silk close by.

For leasing enquiries call
Clarenzo Perna, Head of Logistics and Strategic Projects
  0475 200 111
03 9673 1111 | Salta.com.au
BORDERS - INVESTING IN YOUR GREATEST ASSET - Freight Trade Alliance
Contents                                                                 ACROSS
 4

 8
 9
      Productivity Commission to examine Australia’s maritime
      logistics system
      Turn the tide with shipping reform
      FTA / APSA submission to the productivity review – Australia’s
                                                                       BORDERS
      Maritime Logistics System                                                                                EDITION ONE 2022
 10   The fate of agriculture and regional economies at the mercy of
      international freight supply chains
 11   FTA welcomes Sally Beeton
 14   NITL: Elevating the Shippers’ Voice
 16   Regional Australia reaps the rewards of a rich harvest
 18   They are from the Government, and they are here to help….
 20   Love meat tender – beef exports to Mexico surging
 22   Could Northern freight hubs create a new bi modal import
      solution for Australia?
 24   Global Recognition & Our Focus on Sustainability
 26   SALTA’S $155 million Dandenong South Intermodal Terminal
 27   Recruitment 2022
 28   Risks surrounding abandoned cargo
 32   Shipping Line Container Detention Charges – Are They
      “Reasonable”?
 34   Thinking of Selling Your Business? Now is the Perfect Time!
 36   Investing in your greatest asset
 38   Economic Tectonic Plates shift in the Global Economy
 40
 41
      “We didn’t start the fire…..”
      FTA Partners with Consortia providing Rapid Antigen
                                                                           Australia joins international
      Test (RAT) kits                                                      competition authorities to
 42   Abandoned Cargoes – Are Freight Forwarders Exposed
      to costs?                                                            target potential supply chain
 44   Managing staff in a pandemic
 46   Minimise disruptions to your business whilst saving money 		         criminal collusion
      and time by choosing to outsource
 47   What lies beneath?                                                   In response to the Australian Peak Shippers Association
 48   The challenge of growing business in a sustainable and 		            (APSA) and Freight & Trade Alliance (FTA) call for government
      responsible way                                                      intervention, the Federal Treasurer made a welcomed
 50   GEODIS to open a new warehouse facility at                           announcement on 10 December 2021 that the Productivity
      Brisbane Airport (BNE)                                               Commission will complete a review into Australia’s maritime
 51   Clean freight forwarding as a given, not an option                   system.
 52   Don’t Lose Sight Even as we digitize, logistics is still
      about the people                                                     In parallel to this review, a joint announcement on 18 February
 53   Wondering Women & Industry join forces to help Northern 		           2022 by competition regulators in Australia, the USA, Canada,
                                                                           UK and New Zealand stated they are collaborating to monitor
      NSW Flood victims
                                                                           anti-competitive and potentially criminal conduct. Specifically,
 55   Working together to keep our supply chains operating in
                                                                           the group will be watching for cartels and other activities
      challenging times
                                                                           that materially impact competition, such as exclusionary
 56   Making cross-border trade easier for Australian businesses
                                                                           arrangements by firms with market power.
 58   Initiatives and innovations to keep cargo moving
 61   Is sea freight a viable option for exporting perishable 		           As highlighted in the Chair’s report (refer pages 8 & 9),
      vegetables?                                                          FTA / APSA provided a detailed submission examining
 62   BorderWise: Taking the complexity out of compliance                  long-term domestic trends, focussing on operational cost
 64   Australian Border Force Focuses Attention on licensed 		             drivers, including industrial relations, infrastructure constraints
      customs depots                                                       and emerging business practices in ports and related
 66   Australian Radiation Protection and Nuclear Safety Agency 		         transport networks that are adversely impacting the overall
      to present at upcoming Freight & Trade Alliance (FTA) CPD 		         competitiveness of the Australian trade sector.
      events across Australia
                                                                           As we emerge from the peak of the COVID-19 Omicron variant
 68   Streamlining the Cargo Intervention Model
                                                                           and severe domestic weather conditions, our exporters and
                                                                           importers continue to report restricted access in maritime and
                                      Across Borders is published by       aviation capacity, surcharges and record high freight rates.
                                      Freight & Trade Alliance (FTA)
                                                                           In a meeting with the Deputy Prime Minister on 2 March 2022,
                                      68 Brooker Avenue                    we discussed the above matters, reforms that are progressing
                                      Beacon Hill NSW 2100                 in the US and joint international competition regulatory agency
                                      T: 02 9975 1878                      activity. Importantly, it provided an opportunity to reinforce
                                      E: info@FTAlliance.com.au            key elements of our broader advocacy for shipping reform to
                                                                           complement other federal government-led trade liberalisation
                                      www.FTAlliance.com.au
                                                                           measures.
                                      Editor - John Park                   We extend our sincere appreciation to The Hon. Barnaby
                                      T: 0415 973 630                      Joyce and senior advisors for their ongoing engagement on
                                      E: jpark@FTAlliance.com.au
                                                                           international trade matters and for the foreword to this edition
                                      Advertising - Paul Zalai             of Across Borders.
                                      T: 0408 280 123
                                      E: pzalai@FTAlliance.com.au
                                                                           By PAUL ZALAI, Co-founder and Director,
                                      Design - Siren Design Studio
        Front cover –                 T: 0412 103 569                      Freight & Trade Alliance (FTA)
sponsored by Wisetech Academy         E: sarah@sirendesignstudio.com.au
                                                                                                       Edition One 2022 I Across Borders I 3
BORDERS - INVESTING IN YOUR GREATEST ASSET - Freight Trade Alliance
FOREWORD

Productivity Commission to
examine Australia’s maritime
logistics system
   By The HON. BARNABY JOYCE, Deputy Prime Minister and Minister for Infrastructure,
   Transport and Regional Development.

Prior to the COVID-19 pandemic,                      The pandemic has been challenging           compared to some of our international
I think it’s fair to say Australians                 for Australia’s importers, exporters and    counterparts.
                                                     supply chain participants with supply
seldom considered the logistics                      chain disruptions and higher freight        Despite the disruptions, freight has
required to keep supermarket                         rates driven by demand for international    continued to move through our ports
shelves stocked.                                     shipping services outstripping supply.      and, in 2020-21, some of our major
                                                                                                 ports even reported record throughput.
                                                     In Australia, these disruptions and
     But when shortages triggered panic
                                                     higher costs have been driven by a          Volumes at Port Botany increased 11
     buying in the early days of the pandemic,
                                                     combination of factors, including more      per cent to a record 2.7 million 20-foot
     supply chains and our reliance on
                                                     demand for imported containerised           equivalent units. We also saw Port
     maritime transport moved to the front of        goods, international terminal closures
     people’s minds.                                                                             Hedland grow exports of iron to 546.1
                                                     due to COVID-19, landside container
                                                     congestions, industrial disputes and        million tonnes worth $153 billion.
     COVID-19 has highlighted the complex
     workings of the shipping industry – a           adverse weather events.                     Importantly, Australia’s exporting
     sector that generally operates quietly          Australia has adjusted to the challenging   businesses continued to send their
     and efficiently in the background,              global commercial environment and           products overseas, which is so
     bringing goods in and moving                    can be proud of how well it has fared       important for our economy.
     commodities out.
     The pandemic has shone a light on the
     fallibility of supply chains in today’s “just
     in time” economy.
     Australians across the length and
     breadth of our country now have a
     greater appreciation of the role the
     shipping industry plays in supplying the
     products we rely on – from essential
     goods like food, fuel and medicines
     to electronic products, cars and
     construction materials.
     The full extent of the shipping industry’s
     contribution to our economy – and social
     wellbeing – is significant.
     Australia is the fifth largest user of
     shipping services in the world. Close to
     99 per cent of the volume and 80 per
     cent of the value of our international
     goods trade is moved by sea.
     In 2020-21, the combined dollar value of
     Australia’s goods trade by sea totalled
     approximately $575 billion.
                                                               Meeting at the Commonwealth Parliamentary Office, Sydney - 2 March 2022
                                                                L to R – The Hon Barnaby Joyce (Deputy PM) and Paul Zalai (FTA/APSA)

4 I Edition One 2022 I Across Borders
BORDERS - INVESTING IN YOUR GREATEST ASSET - Freight Trade Alliance
Australia is the fifth largest producer and   The shipping industry stepped up in              constraints and technology uptake at
second largest exporter of coal – with        record time to assist and enable the             Australia’s ports and in related transport
export earnings totalling $63.9 billion       freight movements that kept the economy          networks.
in 2019. During the pandemic, the             moving while the rail corridor was repaired
                                                                                               I would like to thank the Freight & Trade
shipping industry continued to support        – allowing Australian businesses to stay
                                                                                               Alliance / Australian Peak Shippers
our mining and agricultural businesses –      open and Australian consumers to get the
                                                                                               Association for providing a submission
                                              essential goods they needed.
again resulting in record-breaking export                                                      to the inquiry and raising issues affecting
earnings.                                     As a temporary measure, I issued an              members.
                                              exemption under the Coastal Trading
We are the world’s biggest exporter of        (Revitalising Australian Shipping) Act 2012      The Australian Government looks forward
liquefied natural gas and in 2021 our         to enable shipping of domestic cargo to          to receiving the Productivity Commission’s
shipments reached a record high of 80.9       and from WA without a coastal trading            report later this year and will carefully
million tonnes.                               licence.                                         consider changes that can be made to
                                                                                               improve the efficiency of our maritime
Impressively, Australia’s resource and        Australia’s shipping sector has shown            logistics system.
energy export earnings are on track to        incredible resilience during the COVID-19
reach a record $379 billion in 2021-22.       pandemic, but the Australian Government
                                              recognises that it has presented
Without ships, we wouldn’t be able            opportunities to address the broader
to send these products overseas and
we wouldn’t be generating the export
                                              issues affecting our nation’s logistics                  The pandemic
                                              system and supply chains.
income that helps pay for the services all
                                              As a first step, we have acted on calls
                                                                                                     has shone a light
Australians rely on.
                                              from industry to review the issues affecting           on the fallibility of
The shipping industry also provided a         productivity by tasking the Productivity
lifeline earlier this year when a once-       Commission to undertake an independent                  supply chains in
in-200-year flooding event knocked            review to examine Australia’s maritime
                                              logistics system.
                                                                                                   today’s “just in time”
out the rail freight corridor to Western
Australia. The disruption to land transport   To help assess the overall competitiveness
                                                                                                         economy.
movements was significant, once again         of our ports, the inquiry will focus on
demonstrating the importance of resilient     identifying operational cost drivers,
supply chains.                                including industrial relations, infrastructure

                                                                                                 www.agsworld.com

         AGS WORLD TRANSPORT NEUTRAL SCREENING
         FACILITIES – YOUR SOLUTION TO THE GLOBAL
         TRANSPORTATION PUZZLE

                                                                                                       Edition One 2022 I Across Borders I 5
BORDERS - INVESTING IN YOUR GREATEST ASSET - Freight Trade Alliance
JOIN THE ALLIANCE
                         2022/23 Membership Benefits

ADVOCACY - Freight & Trade Alliance (FTA) and the Australian Peak Shippers Association (APSA) are
the leading industry bodies representing the international trade and logistics sector. This is achieved
by bringing together importers, exporters and logistics providers to form an influential advocacy body.
Importantly, we also ensure that members are at the forefront of all emerging supply chain issues through
our responsive operational support, professional development training, industry updates, commercial
services and corporate events.

REAL TIME SUPPORT – FTA Premium Members have real-time                  designed specifically for customs brokers and forwarders; a letter
access to our support services as an extension of your operational      explaining the Terms & Conditions; a template credit application; a
team – through our extensive network and access to key personnel        letter of authority; a credit application and guarantee; letter for use to
across government and commerce, we can assist businesses with           customers introducing the new terms and conditions; ACCC Court
operational matters.                                                    Action Trading Terms Case; and updates to the documents due to
LEGAL SUPPORT – Providing legal counsel to FTA is Customs               legal developments (all proforma documents are provided in Word
Global Trade Law (CGT Law) and Mills Oakley for APSA. FTA               format).
members are eligible to receive up to 30 minutes free legal support
per issue from CGT Law.                                                 INSURANCE SUPPORT – FTA Premium members receive free
                                                                        insurance review & support from Logical Insurance Brokers.
TERMS & CONDITIONS – Exclusive to FTA members, for the
one off payment of $825 (incl GST) receive from CGT Law a clear,        WORKPLACE / HR CONSULTANCY – FTA Premium Members
concise and legally robust set of trading terms and conditions          receive hotline support via Employsure.

                                                                        CONTINUING PROFESSIONAL DEVELOPMENT (CPD
                                                                        discounts apply to FTA members to attend our one-day conferences
                                                                        to assist customs brokers in meeting their annual licensing obligations.
                                                                        Each event provides participants with 24 CPD points towards the annual
                                                                        requirement of 30 in the licensing period of
                                                                        1 April 2022 to 31 March 2023.

                                                                        2022 / 23 LICENSING PERIOD CONFERENCES

                                                                        Friday 6 May 2022- Novotel Brighton Beach Hotel, Brighton Le-Sands
                                                                        Saturday 7 May 2022 - Novotel Brighton Beach Hotel, Brighton Le-Sands
                                                                        Friday 20 May 2022 - Hyatt Place, Essendon Fields
                                                                        Saturday 21 May 2022 - Hyatt Place Essendon Fields
                                                                        Wednesday 15 June 2022 - Novotel Brisbane Airport
                                                                        Saturday 25 June 2022 - DoubleTree by Hilton Perth Waterfront

                                                                        EARLY BIRD REGISTRATION SPECIAL PACKAGE
                                                                        Member Early Bird Registration - $297 (incl GST) provides you
                                                                        with a unique 30+ CPD points including Continued Biosecurity
                                                                        Competency (CBC) as prescribed by the Department of Agriculture,
ACROSS BORDERS MAGAZINE –                                               Water & the Environment.
we supply members a FREE member magazine providing expert
commentaries on emerging trade and government reforms (both in          • attendance at one of the above listed CPD Border Compliance
hard copy and electronically).                                          Program events – 24 CPD points
ALERTS – our webinars, podcasts, daily notices (some content            • complimentary access to mandatory Continued Biosecurity
password protected) and weekly report keep members at the cutting       Competency (CBC) online via ComplianceNetFTA.com.au ; and
edge of operational matters, reforms and advocacy activity.
                                                                        • complimentary access to a further 6 CPD points in Stream A via
                                                                        ComplianceNetFTA.com.au
                                                                        REGISTER NOW at www.ftalliance.com.au/upcoming-events
6 I Edition One 2022 I Across Borders
BORDERS - INVESTING IN YOUR GREATEST ASSET - Freight Trade Alliance
NOTE: The Department          FTA Premium Membership is open to customs brokerages,
                                        of Agriculture, Water and     freight forwarders, Section 77G Depots and Approved
                                        the Environment reserves      Arrangement premises.
                                        the right to add additional
                                        mandatory CBC sessions
                                        during the accreditation      • FTA’s Premium Membership rates are based on a scale of
                                        period should they be         employees within a business / per ABN.
                                        required.
                                                                      • Annual fee from time of subscription
                                                                      • Membership pricing effective 1 July 2021 (includes GST)
ONLINE CPD / CBC – we offer extensive material via
ComplianceNetFTA with courses, resources and online
assessment available at listed prices. FTA members are offered
unlimited CPD and CBC content for $165 (incl GST) per person          Less than 10 employees $880
per accreditation period (1 April to 31 March).                       Less than 30 employees $1,265
APPROVED ARRANGEMENTS /                                               Less than 50 employees $1,595
DEPOT / RACA –
we have partnered with Andrew                                         Less than 100 employees $1,925
Christie Consulting to provide                                        More than 100 employees $2,475
advocacy support to our newly
formed Biosecurity Treatment Provider
Reference Group (BTPRG).                                              Further discounts are offered for online CPD / CBC
AA, Depot and RACA application                                        registrations to businesses with six (6) or more registrations,
services available – price on                                         with the option for an all-inclusive invoice for membership and
application.                                                          training – price on application to czalai@FTAlliance.com.au

WISETECH ACADEMY –
FTA company member discounts apply                                    FTA Individual Membership: $264 (1 April to 31 March) - is
for a wide range of high quality, cost effective courses provided     available to any licensed customs broker whose company
by the WiseTech Academy, including:                                   does not hold FTA Premium Membership providing access to
                                                                      all online CPD / CBC courses and member discounts (1) to
• Approved Arrangement accredited training to manage onsite           attend our annual one-day conferences and (2) for the use of
biosecurity risks.                                                    BorderWise Software.
• Section 77G Depot training to ensure all staff understand and
meet licensing conditions.
                                                                      FTA Importer Membership & APSA Exporter Membership:
• Safe Container Loading Practices and Chain of Responsibility        $2,200 per annum
As a Registered Training Organisation (RTO 45574), the
WiseTech Academy provides:
                                                                      Biosecurity Treatment Provider Reference Group
• TLIX0008 Comply with biosecurity border clearance                   (BTPRG) Membership: $2,200 per annum
(prerequisite training for NCCC and AEPCOMM Approved
Arrangements)
• TLI50816 Diploma of Customs Broking                                 Affiliate Membership: $2,200 per annum - for businesses
                                                                      and regulatory bodies affiliated with the international trade
WOMEN IN LOGISTICS – is an initiative to support and
                                                                      sector. Included as Affiliate Members are transport operators,
facilitate opportunities for networking and professional/personal
                                                                      law firms, software providers and government agencies - a
development for women in the supply chain sector with all profits
                                                                      unique opportunity to join the growing alliance as a valued
going to charity.
                                                                      member of the Australian freight and trade community.
                              BORDERWISE –
                              FTA members receive a significant
                              discount on the use of BorderWise       Sponsorship – as per our prospectus, FTA and APSA offer a
                              – easy access to comprehensive          wide range of online media and events which provide unique
                              customs reference materials used        opportunities for entities wishing to engage with the freight and
                              by trade professionals to correctly     trade sectors.
                              classify goods and meet regulatory
                              requirements at the border for
                              import and export declaration
                              reporting.
                                                                           Membership forms are available at the
Note: Member discounts are itemised at our ‘Featured Sponsor’
link available from the FTA home page at www.FTAlliance.com.au              JOIN THE ALLIANCE tab from the FTA
BRANDING – FTA provides members with access to its logo for
                                                                             website at www.FTAlliance.com.au
use on stationery, email signatures & web sites.
                                                                           For further detail, please contact us on
DIRECTORY – FTA provides members’ details on a directory
listing increasing access to new markets.
                                                                          02 9975 1878 or info@FTAlliance.com.au

                                                                                                    Edition One 2022 I Across Borders I 7
BORDERS - INVESTING IN YOUR GREATEST ASSET - Freight Trade Alliance
EXECUTIVE REPORT

TURN THE TIDE WITH
SHIPPING REFORM
        By OLGA HARRITON, APSA Chair / Global Logistics Manager - Manildra Group

The COVID-19 pandemic is in its                                                               Trade is the beating heart of our great
third year and continues to cripple                    APSA and FTA                           nation. The efficient and effective delivery
the sea freight industry, severely                      have rightly                          of goods in-and-out of Australia is
                                                                                              paramount, while across the globe, the
disrupting global trade and pushing
supply chains towards breaking
                                                     assumed the role                         sea freight supply industry employs tens
                                                                                              of thousands of people in fields from
point.                                                 in leading the                         administration, transportation, logistics,

Significant delays, cancellations, a
                                                     charge, prompted                         operations, purchasing, customer service
                                                                                              and more. These men and women turn
lack of capacity with vessel space and              by the supply chain                       up, day-in, day-out, 365 days a year,
equipment, landside logistics, and
waterfront industrial disputes, have all              upheaval across                         and are without a doubt the soul of the
                                                                                              industry.
jeopardised the commercial viability of
many Australian exporters and importers.
                                                         the world.                           Despite these complex adversities,
Exacerbating this situation, is high                                                          men and women in our industry have
detention and demurrage charges.               An industry that had plied the seas, largely   mastered a “juggling act”, coordinating,
On our roads, trucking companies               unnoticed by the public, had a target          and delivering to customers around the
have fallen short of drivers, while our        placed squarely on its back.                   world. Interacting with port terminals
warehouses have run out of space,                                                             and departments, liaising with quality
                                               The Australian Peak Shippers Association
and small businesses and consumers                                                            assurance and packaging, interfacing
                                               (APSA) and Freight & Trade Alliance
continue to pay sky-high freight costs as      (FTA) have been relentless in calling on       between stakeholders, ports, shippers,
the local transport and freight industry       the Australian Competition & Consumer          sales, and international customers – it’s a
impose increased costs to deliver goods        Commission (ACCC) and state and                mammoth feat. On behalf of our industry,
to ports. Commentators have likened            federal governments to urgently intervene      we thank you.
these logistics company impositions on         in reviewing competition protections
transportation operators to “ransom”,                                                         On a positive note, we are delighted
                                               given to foreign owned shipping lines,         to confirm the APSA and FTA annual
leaving them with no choice but to pay the     introduce regulation to prevent unfair cost
fees.                                                                                         conference will be held on 30 and 31
                                               impositions on shippers and implement
                                                                                              August 2022 in Wagga Wagga, New
Ocean shipping rates are expected to stay      substantial changes to ocean freight
                                                                                              South Wales. The conference will include
elevated well into 2022, setting up another    legislation.
                                                                                              panel discussions with members, key
year of booming profits for global cargo       APSA and FTA have rightly assumed              stakeholders and rural exporters and
carriers, but leaving Aussie importers,        the role in leading the charge, prompted       has an aim to maximise networking
exporters and customers paying the price.      by the supply chain upheaval across
Fully loaded ships idled off Port Botany for                                                  opportunities including a site tour of the
                                               the world. Their knowledge, advice,            Riverina Intermodal Freight & Logistics
weeks because of port congestion.              and connections are second-to-none,            (RIFL) Hub with a cocktail function to
                                               and their motivation remains firmly on         follow at the exclusive Riverine Club,
                                               improving the ocean freight supply             Wagga Wagga. Thank you to all the
                                               chain, ensuring real commercial value to
                                                                                              generous sponsors and to find out more
                                               Australian businesses, industries, and job
                                                                                              information about the conference, email
                                               creation.
                                                                                              admin@auspsa.com
                                               On behalf of the industry, with APSA and
                                               FTA’s unrelenting advocacy, we welcome         I look forward to seeing you all later in the
                                               the Federal Government’s Productivity          year and wishing you good health and
                                               Commission’s independent review into           support.
                                               long term structural issues impacting
                                               the productivity of Australia’s maritime
                                               logistics systems. This review will serve
                                               to “turn the tide,” and help restore and
                                               secure Australia’s trade for all exporters
                                               and importers large and small.

8 I Edition One 2022 I Across Borders
BORDERS - INVESTING IN YOUR GREATEST ASSET - Freight Trade Alliance
FTA / APSA
                                                SUBMISSION TO
                                                THE PRODUCTIVITY
                                                REVIEW – AUSTRALIA’S
                                                MARITIME LOGISTICS
                                                SYSTEM
SUMMARY OF RECOMMENDATIONS
RECOMMENDATION 1 (shipping competition review) – repeal of Part X of the Competition and Consumer Act 2010, with retention
of shipper collective bargaining provisions, leaving two options:
(1) foreign owned shipping lines to operate in line with competition laws faced by other businesses involved in Australian commerce;
or
2) if deemed necessary for foreign owned shipping lines to have ongoing protections, expand the role of the ACCC (or introduce
a federal maritime regulator) to administer processes to safeguard exporter and importer’s interests, in particular, monitoring the
appropriateness of shipping line (and contracted stevedore / empty container park) surcharges, fees and penalties.
RECOMMENDATION 2 (minimum service levels and notification periods) – introduction of an appropriate regulatory framework that
provides exporters, importers and freight forwarders safeguards against ‘exclusive dealings’, ensuring minimum service levels and
prescribed variation notification periods (minimum 30-day notice as per US regulation).
RECOMMENDATION 3 (infrastructure investment) – increase investment in infrastructure to address inefficiencies in the supply
chain caused by larger ships, lack of rail access to Australian container ports and shortage of space in empty container parks.
RECOMMENDATION 4 (regulation of Terminal Access Charges) – the scope of the National Transport Commission (NTC) review
of Terminal Access Charges be expanded to examine the potential of regulation to force stevedores (and empty container parks) to
cost recover directly against their commercial client (shipping line) rather than via third party transport operators.
RECOMMENDATION 5 (regulation of container detention practices) – the need for federal government action and potential
regulation, similar to US Federal Maritime Commission (FMC), to ensure reasonable container detention policies are administered.
RECOMMENDATION 6 (waterfront industrial relations reform) – the Federal Government to initiate a formal waterfront industrial
relations review to provide immediate and future business continuity for what is an ‘essential service’ and our international gateway
for major supply chains.
RECOMMENDATION 7 (implementation of Biosecurity reform priorities) – ongoing engagement and reporting between the
Department of Agriculture, Water and the Environment and industry to achieve the four reform priorities identified in the Inspector-
General of Biosecurity (IGB) report Adequacy of department’s operational model to effectively mitigate biosecurity risks in evolving
risk and business environments being:
(1) Regulatory maturity;
(2) Risk pathway partnership;
(3) Frontline focus; and
(4) Sustainable funding model.
RECOMMENDATION 8 (extension of IFAM funding) – the Federal Government should allocate additional funds to maintain
the International Freight Assistance Mechanism (IFAM) and / or similar financial relief measures to support the air cargo supply
chain sector until the end of 2023 (at minimum), with actual allocation of funds subject to periodic reviews pending the return of
international passenger flight services

                                                                                                     Edition One 2022 I Across Borders I 9
BORDERS - INVESTING IN YOUR GREATEST ASSET - Freight Trade Alliance
EXECUTIVE REPORT

                                         The fate of agriculture and regional
                                         economies at the mercy of
                                         international freight supply chains
                                            By ASH SALARDINI, Chief Economist & General Manager Trade –
                                            National Farmers Federation

    Agriculture the lynchpin of regional
    economies
    Agriculture underpins the economies of
    most of Australia’s regional areas, and
    agriculture is generally in the top three
    industries in terms of contribution to
    regional gross value of product. It is a
    $75 billion industry that is fundamentally
    reliant on regional and rural Australia,
    with ambitions of becoming a $100
    billion industry by 2030.
    The opportunities that agriculture
    provides go beyond the farmgate
    and can be utilised to supercharge
    regional Australia. There are significant
    opportunities to collocate food
    processing and manufacturing close to
    the point of food production, not near
    the markets and economic infrastructure
    of capital cities.
    These opportunities are all predicated
    on the ability to access international
    markets, with over 75% of farmgate
    output being exported.
    However, our international freight supply
    chains are a source of disadvantage in
    global markets. As an example, it costs
    the same to ship a container of grain
    from South Australia to Indonesia as it
    does from Canada to Indonesia. This
    is despite the Australian journey being
    some 10,000 km shorter (one-third the
    journey as compared to Canada).
                                                                                                             Photo taken by Billy Forrester
    The role of ports, shipping and
    freight                                        The freight sector is made up of diligent    Australia has one of the highest landside
    Given the export orientation of the            and hardworking individuals and              freight costs in the world. The cost of
    agricultural sector, all these opportunities   organisations that ensure Australians        landside-transport and logistics in the
    are reliant on effective, reliable and         are clothed and fed, and businesses,         pre-pandemic world represented more
    affordable freight transport to move           such as farmers, can get their goods         than 35% of the final price of grains,
    these goods to port, and then onto             to domestic and international markets.
                                                                                                while landside freight costs represented
    international markets. The current state       The problems associated with the cost
                                                                                                two thirds of total freight costs for the
    of our freight and logistics system acts       and reliability of freight movements, is a
                                                   systemic one that is beyond the action       export of vegetables, such as beetroot.
    as a major barrier to seizing these
    significant opportunities, and kickstarting    or inaction of any one individual or         This lack of affordability and reliability
    the agricultural-led regionalisation           organisation within government or the        acts as a major barrier to international
    agenda.                                        freight supply chain.                        competitiveness.

10 I Edition One 2022 I Across Borders
The situation is equally challenging for        increased access to containerised freight      •    implementing broader policy and
port-side freight movements. There has          services to NSW grain growers and put          regulatory reforms that stifle a truly world-
been a significant escalation of port-side      downward pressure on port infrastructure       class freight supply chain, including a
infrastructure charges. As an example,          costs.                                         more robust competition policy framework
stevedoring costs have increased 30-                                                           governing ports and stevedores;
fold over a four-year period! Coastal           Containerisation also provides greater
shipping regulations that reduce                access to markets in Asia with shallow         •    industrial relations reforms to stamp
competition amongst service providers           ports that are not amenable to bulk            out the disruptions and inefficiencies that
not only increase the cost of freight but       movements.                                     are adding further cost to the system; and
damage the viability of coastal shipping as
                                                The post-pandemic world has added yet          •    working with international partners
compared to landside transport.
                                                more cost into the mix, with the cost of       to ensure that the market for international
The provision of port infrastructure            international shipping increasing by 300-      shipping remains competitive and does
suffers a similar fate. As an example,          500% in little over 18 months.                 not descend into cartel-like behaviour.
restrictions placed by state government
on the development of a container facility      The solution
at the Port of Newcastle to increase the        Addressing these problems requires
sale price of the Sydney Ports assets           more than just investing in new transport
has come at the expense of freight              infrastructure, which is only one element
users, such as farmers. A container             to the solution. It requires:
port facility at Newcastle would have
provided significant increased capacity         •    Integrated transport, energy,
and competition for the provision of            telecommunications and water
containerised freight movements,                infrastructure planning;

FTA WELCOMES SALLY BEETON
                                              Freight & Trade Alliance (FTA) is delighted      Sally will manage the ComplianceNetFTA
                                              to announce the recent appointment of            online training platform, with particular
                                              Sally Beeton in a newly created role of          focus on enrolments, members support and
                                              Membership Support Services – Training.          government reporting. Sally is here to assist
                                              Sally has an extensive career across             you, “I aim to provide a friendly approach to
                                              commerce including 10 years’ experience          member enquiries in a timely manner”.
                                              with Study Abroad and Student Exchange
                                              programs at Macquarie University bringing        Sally’s hands on responsibilities will allow
                                              strong administration and communication          Caroline Zalai, co-founder and Director
                                              skills.                                          of FTA, more time to manage strategic
                                                                                               management goals in line with the
                                              Sally is looking forward to managing FTA’s
                                              customs broker compliance training to            organisation’s fast growing member base
                                              assist members with their annual Continuing      and needs.
                                              Professional Development (CPD) and
    Sally Beeton – FTA Member Support         Continued Biosecurity Competency (CBC)
             Services – Training
                                              training requirements.

2022 FTA BORDER COMPLIANCE PROGRAM EVENTS                               EARLY BIRD REGISTRATION SPECIAL PACKAGE
The following events will provide 24 CPD points for the                 Member Early Bird Registration - $297 (incl GST) provides you with a
customs broker licensing period 1 April 2022 to                         unique 30+ CPD points including Continued Biosecurity Competency
31 March 2022 (8.30am to 4.30pm)                                        (CBC) as prescribed by the Department of Agriculture, Water & the
SYDNEY - Notovel Brighton Beach Hotel, Brighton Le-Sands                Environment.
Friday, 6 May 2022                                                      • attendance at one of the above listed CPD Border Compliance
Saturday, 7 May 2022                                                    Program events – 24 CPD points
MELBOURNE - Hyatt Place, Essendon Fields                                • complimentary access to mandatory Continued Biosecurity
Friday, 20 May 2022                                                     Competency (CBC) online via ComplianceNetFTA.com.au ; and
Saturday 21 May 2022
                                                                        • complimentary access to a further 6 CPD points in Stream A via
BRISBANE – Brisbane Airport Convention Centre                           ComplianceNetFTA.com.au
Wednesday, 15 June 2022
PERTH – Double Tree by Hilton Perth Waterfront
Saturday, 25 June 2022                                                  REGISTER NOW at www.ftalliance.com.au/upcoming-events

                                                                                                       Edition One 2022 I Across Borders I 11
APSA
APSA CONFERENCE
     CONFERENCE
WAGGA
WAGGA WAGGA
         WAGGA NSW
               NSW
30 &
22
22   31 FEBRUARY
   & 23
     23 AUGUST 2022
        FEBRUARY 2022
                 2022
     REGISTER AT WWW.FTALLIANCE.COM.AU/UPCOMINGEVENTS
     REGISTER AT
                                 APSA CONFERENCE
                 WWW.FTALLIANCE.COM.AU/UPCOMINGEVENTS

                WAGGA WAGGA NSW
                           TUESDAY
                           TUESDAY22
                                             Patrick Hutchison [CEO, Australian Meat Industry
                                    30FEBRUARY 2022
                                       AUGUST 2022
                                             Council (AMIC)]
                                                                                                             SESSION 3 – INNOVATION (Session Sponsor: Department of
                                                                                                             SESSION 3 –Water
                                                                                                             Agriculture,      INNOVATION            (Session Sponsor: Department of
                                                                                                                                        and the Environment)
                22  &   23    FEBRUARY
                           TUESDAY 22 FEBRUARY
• APSA ANNUAL GENERAL MEETING (members only)
                                               2022
                                               2022
                                             David Ironside [Assistant Secretary Plant Exports Operations
 SITE TOUR – Riverina Intermodal Freight & Logistics (RIFL) Hub &
                                                                                                             Agriculture, Water and the Environment)
                                                                                                             BEST PRACTICE CASE STUDY
                                                                                                             BEST PRACTICE CASE STUDY
                                                                                                             •Plant
                                                                                                                 Danielle
 SITE TOUR FUNCTION
                – Riverina Intermodal Freight & Logistics (RIFL) Hub &                                               and O’Connor
                                                                                                                           Animal Exports  [Group Division
                                                                                                                                                     Exports Logistics
                                                                                                                                                                    – DepartmentManager,  of Teys
                                                                                                                                                                                             Agriculture,
 WELCOME                                                                                                     • Danielle
                                                                                                                 Australia]O’Connor
                                                                                                                            - creation     [Group    Exports
                                                                                                                                            of an agile           Logistics to
                                                                                                                                                            environment         Manager,
                                                                                                                                                                                  deal withTeys the
•WELCOME
   RIVERINA        INTERMODAL FREIGHT & LOGISTICS (RIFL)
                FUNCTION                                                                                      Water   and   the   Environment]
                                                                                                                 Australia] - creation
                                                                                                                 ever-changing     worldofofan      agile environment
                                                                                                                                                 international       trade. to deal with the
   HUB SITE TOUR                                                                                              Arthur   Spellsonworld
                                                                                                                 ever-changing         [Cotton      Manager trade.
                                                                                                                                             of international        Australia, ADM Trading
                         WEDNESDAY 23 FEBRUARY 2022
                                      REGISTER AT WWW.FTALLIANCE.COM.AU/UPCOMINGEVENTS                       • David Ironside [Assistant Secretary Plant Exports Operations
                         WEDNESDAY            23   FEBRUARY            2022                                  •Australia,
                                                                                                                 David     Director,
                                                                                                                        Ironside          Australian
                                                                                                                                   [Assistant              Cotton
                                                                                                                                                    Secretary
                                                                                                                 Plant and Animal Exports Division – Department    PlantShippers       Association (ACSA)]
                                                                                                                                                                          ExportsofOperations
                                                                                                                                                                                         Agriculture,
• WELCOME FUNCTION
                                                                                                                 Plant
                                                                                                              David    and
                                                                                                                 WaterAlpen  Animal
                                                                                                                        and the         Exports
                                                                                                                                [Regional
                                                                                                                                   Environment]      Division
                                                                                                                                                 Operating       –
                                                                                                                                                        – increased Department
                                                                                                                                                                    Officer    ANZ atAgriculture,
                                                                                                                                                                          compliance of    Treasury
                                                                                                                                                                                           with
 OPENING & WELCOME TO COUNTRY
 OPENING & WELCOME TO COUNTRY                                                                                    Water
                                                                                                              Wine      and
                                                                                                                     Estates]
                                                                                                                 verseas      the Environment]
                                                                                                                           phytosanitary                – increased
                                                                                                                                               requirements,              compliance
                                                                                                                                                                      Congestion           with
                                                                                                                                                                                      Busting
 • Olga Harriton [Chair,WEDNESDAYAustralian Peak31 AUGUST              2022
                                                        Shippers Association                                           SESSION
                                                                                                                 verseas
                                                                                                                 funding,
                                                                                                                                  3 – INNOVATION
                                                                                                                           phytosanitary
                                                                                                                           investment       and
                                                                                                                                                         (Session Sponsor:
                                                                                                                                               requirements,
                                                                                                                                                   trade              Congestion
                                                                                                                                                            facilitation
                                                                                                                                                                                Department
                                                                                                                                                                           initiativesBusting  of
 • (APSA),
    Olga Harriton
              Global[Chair,      Australian
                         Logistics    Manager  Peak       TUESDAYGroup]
                                                        Shippers
                                                    – Manildra         22 FEBRUARY 2022
                                                                       Association                            The   Hon.   Michael
                                                                                                                       Agriculture,  Water McCormack
                                                                                                                                              and the Environment)[Member        for Riverina,
                                                                                                                 funding,  investment       and trade facilitation         initiatives
    (APSA), Global Logistics Manager – Manildra Group]                                                       • Patrick    Hutchison       [CEO,
                                                                                                                                             CASEAustralian         Meat Industry Council
                                                                                            the (RIFL) Hub•NSW]       INVITED
                                                                                                                       BEST   PRACTICE               STUDY
 • Aunty Isabel Reid [NSW             State   Recipient
                                                – RiverinaSenior        Australian
                                                                             Freight &of                         Patrick
CONFERENCE
 • Aunty   Isabel   ReidPANELLISTS
                             [NSW
                                  SITE   TOUR
                                      State   Recipient
                                                              Intermodal
                                                             Senior     Australian      of
                                                                                          Logistics
                                                                                            the                        • Hutchison
                                                                                                               & (AMIC)]                  [CEO,
                                                                                                                          Danielle O’Connor        Australian
                                                                                                                                                [Group              Meat Industry
                                                                                                                                                         Exports Logistics    Manager,Council
                                                                                                                                                                                        Teys
    Year 2021]                    WELCOME FUNCTION                                                            Gina   Cass-Gottlieb
                                                                                                                 (AMIC)]                     [Chair,
                                                                                                                          Australia] - creation          Australian
                                                                                                                                                 of an agile             Competition
                                                                                                                                                               environment   to deal with the and Consumer
    Year 2021]                                                                                               • Tony Geitz     [MD,    Australia-      Louis    Dreyfus    Company        / Australian
Stephen King [Commissioners, Productivity Commission]                                                        •Commission
                                                                                                                 Tony  Geitz    – INVITED]
                                                                                                                          ever-changing
                                                                                                                              [MD,
                                                                                                                                            world of international trade.
                                                                                                                                      Australia-      Louis    Dreyfus Company / Australian
 KEYNOTE ADDRESS                                       WEDNESDAY 23 FEBRUARY 2022
                                                                                                                 Cotton   Shippers      Association       (ACSA)]
                                                                                                                       • David Ironside [Assistant Secretary Plant Exports Operations
 KEYNOTENicholls
              ADDRESS                                                                                            Cotton   Shippers      AssociationDivision
                                                                                                                                                          (ACSA)]
 • The Hon. Michael[General
Georgia                                   Manager         – Rail    Freight,NSW]  Australasian               • David Alpen      [Regional      Operating Officer         ANZ atof Treasury        Wine
                                                                                                                          Plant and  Animal Exports                – Department      Agriculture,
                                                                                                                                                                                        WELCOME      FUNCTION
                              McCormack        [Member        for Riverina,                -                         MAJOR                             SECRETARIAT
 •  The
Railway  Hon.   Michael       McCormack        [Member        for  Riverina,     NSW]      -                 •   David  Alpen
                                                                                                                          Water [Regional      Operating
                                                                                                                                 and the Environment]           Officer compliance
                                                                                                                                                            – increased  ANZ at Treasury
                                                                                                                                                                                       with       Wine
    InlandAssociation]                                                                                           Estates]
                                  OPENING     &  WELCOME        TO   COUNTRY
            Rail, priorities for regional centres                                                                         verseas phytosanitary requirements, Congestion Busting               SPONSOR
    Inland Rail, priorities for   • regional     centres
                                     Olga Harriton   [Chair, Australian Peak Shippers Association                Estates]
                                                                                                                          funding, investment and trade facilitation initiatives
Shaun Mooney [Executive                   General
                                     (APSA),            Manager
                                              Global Logistics          Commercial,
                                                                   Manager    – Manildra Group]
                                                                                                                       • Patrick Hutchison [CEO, Australian Meat Industry Council      WELCOME FUNCTION
 INFRASTRUCTURE (Session                   Sponsor:        Port    of  Melbourne)                                 MAJOR (AMIC)]
                                                                                                                          SPONSOR                     RIFL SITE TOUR
Port   of Melbourne]
 INFRASTRUCTURE
                                  • Aunty Isabel Reid [NSW State Recipient Senior Australian of the
                              (Session     Sponsor:        Port    of Melbourne)                                                                                                       WELCOME       FUNCTION
                                                                                                                                                                                               SPONSOR
 • Georgia    Nicholls [General         Manager
                                     Year  2021]     – Rail    Freight,     Australasian                          MAJOR SPONSOR                       RIFL SITE TOUR
 • Georgia    Nicholls     [General     Manager      –  Rail   Freight,     Australasian                                          RIFL INTERMODAL SITE TOUR SPONSORS
                                                                                                                       • Tony Geitz    [MD,  Australia-   Louis Dreyfus  Company     /         SPONSOR
                                                                                                                                                                                       Australian
    Railway
Darren        Association][Director Strategy Freight Branch,
          McNamara                                                                                                        Cotton Shippers Association (ACSA)]
    Railway   Association] KEYNOTE ADDRESS
 •  Port  of Melbourne
Transport for NSW] • The Hon. Michael McCormack [Member for Riverina, NSW] -                                           •  David  Alpen   [Regional Operating Officer ANZ at Treasury Wine
 • Port of Melbourne                                                                                                      Estates]
 • Transport for NSW                 Inland Rail, priorities for regional centres
Lee   Schmelich
 • Transport    for NSW [Country Manager Australia, Visy Logistics]
 • Justin Bond [Committee             Member, Australian
                                  INFRASTRUCTURE           (Session Peak     Shippers
                                                                       Sponsor:    Port of Melbourne)                      MAJOR SPONSOR
                                                                                                                                                   SESSION       SPONSORS
                                                                                                                                                          RIFL SITE   TOUR
                                                                                                                                                                                    WELCOME FUNCTION
 •
Max Justin  Bond
    Association
       Kruse [Head [Committee
                  (APSA),   of Head   Member,
                                         of Global
                                 Commercial
                                  • Georgia         Australian
                                                     &Logistics
                                               Nicholls Sales       Peak     Shippers
                                                                     and Customer
                                                         [GeneralIntermodal
                                                                    Manager    – Rail -Freight,
                                                                                         IMEX,  Australasian                                       SESSION
                                                                                                                                                 SESSION         SPONSORS
                                                                                                                                                               SPONSORS                   SPONSOR
    Association
    Service,      (APSA), Head
              SunRice]                   of Global
                                     Railway          Logistics and Customer
                                              Association]
Pacific   National]
    Service, SunRice]             • Port of Melbourne
 • Mark Owens [National Transport and Logistics Manager,
Mark
 • Mark Owens
           Owens
    Manildra Group][National
                     [National      Transport
                                  •Transport
                                     Transport for  and
                                                  andNSW    Logistics
                                                        Logistics           Manager,
                                                                       Manager,
    Manildra
Manildra       Group]
             Group]               • Justin Bond [Committee Member, Australian Peak Shippers                                                         GOLD     SPONSORS
                                                                                                                                                       SESSION    SPONSORS
                                     Association (APSA), Head of Global Logistics and Customer                                                      GOLD SPONSORS
 SESSION 2Mason
Campbell        – PORTS        AND
                             [GM       SHIPPING
                                     Service,
                                    Commercial
                                               SunRice](Session Sponsor: NSW Ports)
                                                         and Business            Development,
 SESSION 2 – PORTS             AND     SHIPPING
                                  • Mark                (Session
                                            Owens [National            Sponsor:        NSW      Ports)
 •  Paul
NSW Ports]Zalai [Director,     Freight    & Trade
                                     Manildra Group]
                                                      AllianceTransport
                                                                   (FTA) /and     Logistics
                                                                             Secretariat     Manager,
 • Paul   Zalai [Director,     Freight    & Trade     Alliance
    Australian Peak Shippers Association (APSA)] - Productivity    (FTA)   / Secretariat                                                                GOLD SPONSORS
    Australian
Patrick    Chan
    Commission   Peak
                    [ChiefShippers
                    Inquiry     into   Association
                               Commercial
                                      Vulnerable         (APSA)]
                                                    Officer,
                                                      Supply          - Productivity
                                                                 Victorian
                                                                  Chains         International                                                      SILVER SPONSORS
    Commission
                                  SESSION 2 – PORTS AND SHIPPING (Session Sponsor: NSW Ports)
                    Inquiry into Vulnerable Supply Chains                                                                                           SILVER SPONSORS
Container     Terminal                                                                                                                             SILVER SPONSORS
 • Ron Grasso      [Lead,(VICT)]
                               National
                                  • Paul Guidelines
                                           Zalai [Director,on   Stevedore
                                                            Freight   & Trade Alliance (FTA) / Secretariat
 • Ron    Grasso [Lead,
    Infrastructure             National
                       and Access          Guidelines
                                     Australian
                                        Charges,            on Stevedore
                                                 PeakNational
                                                        Shippers    Association
                                                                    Transport(APSA)] - Productivity                                                     SILVER SPONSORS
Jason     McGregor
    Infrastructure
    Commission]       –and  [ANL
                              Access
                         terminal    &  CMA
                                     Commission
                                        Charges,
                                     access      CGMInquirySales
                                                      National
                                                charges               Director
                                                             into Vulnerable
                                                             via aTransport
                                                                     voluntary       Australia]
                                                                                Supply
                                                                                    port
                                                                                         Chains –
global   and domestic
    Commission]
    performance       – terminal
                     model      forecasts
                                  •  access charges via a voluntary port
                                     Ron   Grasso  [Lead,   National   Guidelines   on  Stevedore
                                                                                                                                                  BRONZE SPONSORS
                                     Infrastructure and Access Charges, National Transport
    performance model                                                                                                                             BRONZE SPONSORS
 •  Campbell    Mason
Kurt Wilkinson [Vice Chair  [GM    Commercial
                                     Commission] and
                                          Australian        Business
                                                     – terminal
                                                            Peak  access Development,
                                                                           charges via a voluntary port
                                                                      Shippers                                                                    BRONZE SPONSORS
 • Campbell
    NSW Ports]  Mason       [GM
                   – port and      Commercial        and
                                     performance model
                                    intermodal              Business
                                                    connectivity          Development,                                                                 BRONZE SPONSORS
Association
    NSW Ports]  (APSA),
                   – port and  Fletcher     International
                                  • intermodal
                                     Campbell       connectivity
                                                 Mason             Exports)]
                                                          [GM Commercial       and Business Development,
 • Patrick Chan [Chief Commercial    NSW Ports]  Officer,
                                                   – port andVictorian
                                                                 intermodalInternational
                                                                              connectivity
Justin    Bond
 • ontainer
    Patrick  Chan [Committee
                     [Chief
              Terminal                 Member,
                               Commercial
                            (VICT)]
                                  • Patrick            Australian
                                                 Officer,
                                              Chan [Chief
                                                             VictorianPeak
                                                             Commercial            Shippers
                                                                           International
                                                                            Officer, Victorian International
    ontainer Terminal
Association     (APSA),     (VICT)] ontainer
 • Andrew Fairley        [ANLHead& CMA  ofCGM
                                            Global
                                               TerminalLogistics
                                                    Sales     Directorand
                                                          (VICT)]               Customer
                                                                          Australia]      –                                                      STRATEGIC SPONSOR
                                                                                                                                                 STRATEGIC        SPONSOR
Service,                                                                                                                                        STRATEGIC
                                                                                                                                                      STRATEGICSPONSORS
                                                                                                                                                                    SPONSOR
    global SunRice]
 • Andrew     Fairley
            and  domestic[ANL &   •CMA
                                     Andrew
                                 forecasts CGM      Sales
                                              Fairley  [ANL Director
                                                              & CMA CGM   Australia]      – Australia] –
                                                                              Sales Director
    global and domestic forecasts    global  and  domestic    forecasts
 • Kurt Wilkinson
Danielle     O’Connor   [Vice[Group
                                Chair
                                  • KurtAustralian
                                          Exports       Peak    Shippers
                                                        Logistics
                                           Wilkinson [Vice   Chair             Association
                                                                         Manager,
                                                                     Australian  Peak Shippers Association
 • (APSA),
    Kurt Wilkinson
              Fletcher  [Vice   Chair
                           InternationalAustralian
                                     (APSA),  FletcherPeak
                                             Exports]           Shippers
                                                         International         Association
                                                                        Exports]
Teys   Australia]
    (APSA), Fletcher International Exports]
meetinnsw.com.au
SHIPPING

NITL: Elevating the
Shippers’ Voice
     By LORI FELLMER, Vice President Logistics and Carrier Management - BassTech International |
     Chair of the Ocean Transportation Committee – National Industrial Transportation League

    The National Industrial Transportation      carriers having deeply participated in       transportation network that was failing
    League (NITL) has a legacy of advocacy      the extensive stakeholder sessions that      them and looming concern about the
    for US shippers and works tirelessly        led to the Commission’s conclusion. As       inflationary impact of these events, we
    to earn the label “The Shippers’ Voice      US businesses navigated through the          witnessed tremendous activity around
    Since 1907”. As a founding member           pandemic and dealt with unprecedented        supply chain issues by our federal
    of the Coalition for Fair Port Practices,   congestion in our US ports crippling the     government here in the US. In June,
    established to confront unreasonable        flow of goods, ocean carriers continued      the FMC announced a new National
    practices surrounding demurrage and         to charge shippers and their trucking        Shippers Advisory Committee whose
    detention billing, NITL was instrumental    partners record breaking amounts             function is to advise the FMC “on
    in the Fact Finding 28 initiative of the    of demurrage and detention. This             policies relating to the competitiveness,
    Federal Maritime Commission (FMC)           behaviour was the brazen offence that        reliability, integrity, and fairness of the
    that eventually resulted in the May         propelled a movement throughout the          international ocean freight delivery
    2020 issuance of an Interpretive Rule.      US shipper community calling for reform      system.” In July, following a 3-month
    While not carrying the imperative of        of the fundamental piece of legislation      study by a specially formed Supply Chain
    a regulation, the Interpretive Rule         governing US shipping, the Shipping Act      Task Force, President Biden issued an
    clearly and comprehensively outlined        of 1984 (the Act).                           Executive Order promoting competition
    the relevant behaviour and practices                                                     in American markets, highlighting
                                                In May of 2021, the NITL issued a            consolidation in the ocean container
    that the Commission, if faced with a
                                                proposal that outlined specific language     shipping industry and encouraging the
    complaint, would consider unreasonable
                                                for modification of the Act, addressing      FMC to “vigorously” address unjust
    and therefore unlawful. Unfortunately,
                                                not only demurrage and detention but         and unreasonable practices related to
    the rulemaking has not resulted in
                                                also a collection of other concerns in the   demurrage and detention. Immediately
    changes to practices despite ocean
                                                ocean transportation network that had        thereafter, our Department of Justice’s
                                                been long-plaguing US shippers and had       Antitrust Division and the FMC signed
                                                become magnified during the pandemic.        the first interagency Memorandum of
                                                The Act was last reformed in 1998, when      Understanding to foster cooperation
                                                the top ten ocean carriers controlled less   and communication between the
                                                than 40% of the global market. Compare       agencies to enhance competition in
                                                that with today, when three carrier          the maritime industry. By August, our
                                                alliances, which operate with antitrust      House of Representatives introduced
                                                immunity, control more than 80% of           a bill, the Ocean Shipping Reform Act
                                                the market and it is no surprise that the    of 2021 (OSRA21), which included the
                                                existing laws are proving inadequate         NITL’s May proposal items and more. In
                                                to ensure that US businesses have            February of 2022, our Senate introduced
                                                access to reliable and economical ocean      their version of an Ocean Shipping
                                                carriage.                                    Reform Act. While the two versions of
                                                                                             OSRA have differences, they both offer
                                                As the summer of 2021 progressed, the
                                                                                             meaningful improvements to the Act that
                                                reliability of ocean services continued
                                                                                             will enable it to better govern the ocean
                                                to spiral to new lows while freight rates
                                                                                             transportation environment of today.
                                                sky-rocketed to astronomical heights.
                                                With a spotlight trained on the suffering    A primary feature of both bills is
                                                supply chains of US businesses and           the intention to convert the FMC’s
                                                the associated product shortages,            Interpretive Rule of Demurrage and
                                                US exporters struggling to serve their       Detention into law. The concept is further
                                                overseas sales because of an ocean           expanded to address the untenable

14 I Edition One 2022 I Across Borders
position of the shipper and trucker              Commerce Commission and the United
communities who are today unreasonably           Kingdom Competition and Markets
burdened by excessive administration to          Authority that is focusing on global supply
dispute inappropriately billed demurrage         chain collusion.
and detention fees. Both bills offer relief by
                                                 “It is impossible to know where this
requiring carriers to certify the accuracy of
                                                 path will take us, but it is clear that our
their demurrage and detention invoices,
                                                 government has heard the voice of our
offer access to the FMC for dispute
                                                 shippers and is responding accordingly.
resolution, lay the burden of proof on the
                                                 It is encouraging and reassuring to
invoice issuing carrier and enable the FMC
                                                 know that it is not only US businesses
to order refunds for wrongfully billed fees.
                                                 but colleagues the world over who are
Beyond demurrage and detention                   speaking up about what has become
issues, the bills enhance the current list       an unworkable and unacceptable ocean          Late news
of prohibited acts as found in the Act to        transportation system and their governing
prohibit discriminatory practices more           bodies are also responding,” stated           As this article is being submitted there
specifically as they relate to the vessel        Nancy O’Liddy, Executive Director of          is a rapidly developing issue. The White
space accommodation for shipments. The           NITL. “Hopefully, some balance will be        House had issued a Fact Sheet entitled
House bill goes further by, for example,         returned so that all businesses will once     “Lowering Prices and Leveling the Playing
requiring minimum service standards for          again have the opportunity to prosper with    Field in Ocean Shipping” which included
ocean carriers. NITL continues to push           some comfort that their ability to rely on    a statement that President Biden is
for passage of a final bill, but whichever       common carriage for the ocean export          calling for robust reforms to the ocean
version of OSRA moves forward, it is             and import of their goods has some            shipping industry, including reforms that
likely that the details of these provisions      measure of dependability.”                    address the current antitrust immunity for
designed to improve reliable access to                                                         ocean shipping alliances. The President
ocean services will require a rulemaking                                                       further amplified his concerns during his
by the FMC, during which process input                                                         State of the Union Address on March 2,
from the shipping community and all                                                            where he announced, “a crackdown” on
stakeholders will be solicited.                                                                ocean carriers overcharging American
The most recent development from
                                                      A primary feature                        businesses and consumers while stating
our federal government is the joint                      of both bills is                      that “capitalism without competition
announcement from the DOJ Antitrust                                                            isn’t capitalism”. A Senate Commerce
Division and the FBI of an initiative “to               the intention to                       Committee hearing on pending OSRA
                                                                                               legislation was held on March 3 and
deter, detect and prosecute those who                 convert the FMC’s                        Chairman Maffei and Commission Dye
would exploit supply chain disruptions
to engage in collusive conduct.” The                   Interpretive Rule                       answered probing questions by Senators,
Antitrust Division is “prioritizing any                                                        including about what authority the
existing investigations where competitors
                                                         of Demurrage                          FMC is lacking in order to further help
may be exploiting supply chain disruptions               and Detention                         US businesses. The comments from
                                                                                               Committee Chair Sen. Cantwell suggested
for illicit profit.” The DOJ also advised
of their engagement in a global working                     into law                           that legislation to strengthen the authority
group with the Australian Competition and                                                      of the FMC is forthcoming and that
Consumer Commission, the Canadian                                                              antitrust immunity for the ocean carriers
Competition Bureau, the New Zealand                                                            was under significant scrutiny.

                                                                                                       Edition One 2022 I Across Borders I 15
SHIPPING

                                                   Regional Australia
                                                   reaps the rewards of
                                                   a rich harvest
                                                      By CAMPBELL MASON, NSW Ports General Manager Commercial and
                                                      Business Development

Australia has harvested what will be
our most valuable winter crop ever.
That prediction by the Australian
Bureau of Agricultural and Resource
Economics comes as strong growing
conditions and booming commodity
prices are expected to help farmers
produce a record $81 billion in
agricultural output this financial year.

Much of that rich harvest was shipped
offshore, driving agricultural exports to a
high of $64 billion, according to the bureau’s
Agricultural Commodities Report. The
sector is reaping the rewards of decades
of productivity growth in a record-breaking        Those essential regional rail links eliminate    Further investment, by NSW Ports and
year, driven by bumper crop production and         the double handling of containers by trucks,     terminal operators, will be made to create
the highest prices for Australian agricultural     reducing travel times and handling fees          capacity to handle 3 million TEU (20-foot
produce in 32 years.                               while increasing supply chain efficiency for     equivalent units) by rail annually. We also
                                                   exporters.                                       welcome the investment by rail operators in
That combination of good seasonal
conditions and prices are a welcome reward                                                          new rolling stock to expand their carrying
                                                   As the seasons have turned around, the           capacity.
for farmers after many years of toil, from         trade through our ports has naturally grown.
wheat and cotton growers in northern NSW           Bulk grain exports increased from 15,000         The future looks bright for the people
to wine producers and meat exporters in the                                                         and businesses of regional NSW, with the
                                                   tonnes in 2020 to 3.3 million tonnes in 2021
Riverina.                                                                                           establishment of major and much-needed
                                                   – an extraordinary and welcome increase for
NSW Ports is proud to be a vital link in the       producers and all involved in the trade. The     developments that will deliver significant
supply chain that brings such high-quality         export of containerised grain also increased,    benefits to local economies. Exciting new
Australian food and fibre to the world.            more than sixfold, on the previous year.         projects, such as the Riverina Intermodal
                                                                                                    Freight and Logistics Hub and the Northern
We work closely with Australian agricultural       As the nation’s only container port with         NSW Inland Port, will bring even greater
exporters, from paddock to port, handling          on-dock rail directly into each of its three     connectivity for exporters in our invaluable
millions of tonnes of diversified trade through    container stevedoring terminals, containers      regional areas.
our key gateways at Port Botany and Port           at Port Botany can be transported from
Kembla, supported by several intermodal            paddock to port by rail and onto a ship          We fully support such developments and
hubs in metropolitan Sydney, including our         without needing to be transferred to a truck,    applaud the work of governments and local
Enfield and Cooks River facilities.                                                                 authorities to bring such projects to life. A
                                                   saving time and money for exporters and
                                                                                                    strong agricultural sector makes the nation
Direct rail links and freight connections to       businesses. Regular shipping services then
                                                                                                    stronger, as the results of our record winter
our ports drive the export of Australia’s finest   connect Port Botany to our key export
regional commodities to global markets,                                                             crop make clear. NSW Ports is proud to play
                                                   markets.
in the most efficient and sustainable way                                                           a part in helping our farmers reap such a
possible. Almost 90 per cent of regional           To meet the growing demand for rail, NSW         bountiful harvest.
NSW container exports through Port Botany          Ports is investing more than $120 million to
travel to the port by rail. Port Kembla, the       double rail capacity at the Patrick’s facility
designated location for NSW’s next container       in Port Botany. This will deliver 33 per cent
terminal, handled more than 13 million             faster turn-around times, more rail windows
tonnes of dry bulk product for export last         for regional trains and decrease reliance on
year, much of which came to the port by rail.      truck transportation.

16 I Edition One 2022 I Across Borders
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