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..View full abstract
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Awarded by Australian Research Council
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"). Email:email@example.com; ORCID iD: https://orcid.org/0000-0003-3499-1706.