March 2008 - February 2009 Annual Report

Analysis and Interpretation of Statistics

Enquiries

During this period the DRA has received 10 enquiries. 7 of these have come from retailers, 2 from commission agents and 1 from a supplier.

Mediation Requests and Appointments

There have been 4 requests made for mediation. Of these 4 requests, mediators have been appointed to 3 matters. The 4th matter was resolved by the parties on the day that a mediator was to be appointed.

Of the 3 matters to which a mediator was appointed, 1 matter was resolved prior to mediation. The 2 matters that were mediated did not reach full settlement.

Nature of Disputes Mediated and Unmediated

Of the enquiries received, 2 raised issues relating to leasing arrangements for their sites. A separate enquiry related to distribution charges on the invoice issued to the retailer when the retailer argued that no such charge should be made as the petroleum was supplied directly from the refinery.

Two issues arose relating to the finalisation of the agreement between the retailer and distributor. One of these related to alleged unlawful termination, while the other related to delays in the return of a financial guarantee after the franchise agreement had ended.

One dispute referred to a number of issues that had arisen in relation to a fuel reselling agreement, while another dispute surrounded allegations of a lack of information being supplied by the supplier for rebates and invoices.

One enquirer raised the issue of price changes within the system to which the enquirer is affiliated. This enquirer is of the view that such changes are aimed at driving customers away from their station to a larger, supermarket branded station close by.

A separate enquiry was made a by a supplier with regards to ways in which a dispute over the quantity of fuel supplied might be resolved.

A final enquiry related to application of the Code. This issue was one of policy and was therefore referred to the Department of Resources, Energy and Tourism.

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