Journal article

Bargaining in a Vacuum? An Examination of the Proposed Class Exemption for Collective Bargaining for Small Businesses

Tess Hardy, Shae McCrystal

The Sydney Law Review | Sydney Law School | Published : 2020


The Australian Competition and Consumer Commission (‘ACCC’) is on the cusp of introducing a class exemption for collective bargaining for small businesses. This development is not just novel in the context of Australian competition law, it is important in terms of addressing entrenched imbalances of bargaining power in business-to-business transactions. By surveying the recent legislative history relating to collective bargaining in the commercial context, we show that the class exemption fills critical gaps in the ACCC’s existing authorisation and notification processes. The article outlines key features of the proposed class exemption. Drawing on labour and industrial relations theories, t..

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University of Melbourne Researchers


Awarded by Australian Research Council

Funding Acknowledgements

Senior Lecturer, University of Melbourne Law School, Victoria, Australia. This research was supported by funding from the Australian Research Council (Discovery Early Career Research Fellow: DE180100279, "Work in Franchises: Searching for Solutions at the Regulatory Frontier").; ORCID iD: