Agreement-Making Case Study
Client
K+S Salt Australia
Project
Ashburton Salt
Traditional Owners
Thalanyji People
Aboriginal Corporation
Buurabalanyji Thalanyji Aboriginal Corporation (BTAC)
Negotiation meetings
Four meetings to negotiate a detailed term-sheet
Terms agreed
All financial and non-financial benefits anticipated within Agreement Hub's recommended strategy.
Time taken to progress term-sheet to final agreement
Three draft exchanges.
Client’s lawyers
Ashurst
Agreement finalised
28 March 2023
The How
Professionalism, efficiency, and collaboration were the hallmarks of this negotiation. K+S Salt Australia benefitted not only from our proven strategies built from decades of experience, but also our values-based approach which insists on honest, respectful, and transparent communications with Traditional Owners and their representatives. We go through the front door, refuse to impose terms that Traditional Owners have no interest in, and focus on delivering mutually beneficial outcomes. We take this approach because it works every time - fewer meetings, agreement reached on schedule, better relationship with the Traditional Owners.
“One of the keys to success in this negotiation was to keep the negotiation team small and consistent, and we came very prepared to each meeting so that we didn't waste the Thalanyji's time” said Agreement Hub Founder and Director, Kellie Swanson-Hill.
“Working with Gerrit was really enjoyable because I appreciated his multi-national company perspective together with his international experience. And it's always great working with Andrew Gay and his team at Ashurst, who seriously know what they are doing.
"Thalanyji and the team at BTAC are experienced negotiators who know what they want and it was great to be able to reach agreement so quickly. I'm looking forward to implementing this project agreement with them.
Gerrit Goedecke, Managing Director at K+S Salt Australia commented at the time of signing, “Reaching a significant milestone with the Traditional Owners, the Thalanyji People, for our Ashburton Salt project has been a profound experience. The successful signing of a native title agreement over an expanse of more than 180 square kilometers underscores a shared journey towards securing a mining lease for the project.
“I'm deeply thankful to Kellie Swanson-Hill and her team at Agreement Hub for their dedication and support in achieving this pivotal agreement. Their commitment has been instrumental in this process.
“This collaboration with the Thalanyji People opens up avenues for employment, training, and contracting opportunities, aligning with our mutual commitment to cultural heritage preservation and land management. It's about building a partnership that not only respects and honours cultural values but also seeks sustainable growth for both parties involved.
“By fostering this relationship, we aim to create a foundation of mutual benefits and sustainable development. This agreement is not just a step forward in our project's progress; it's a reflection of our collective commitment to a future where growth and cultural respect go hand in hand.”