Collective Bargaining and the Trade Practices Act: The Trade Practices Legislation Amendment Act (No. 1) 2006 (Cth)

Abstract

In December 2006, the Australian federal Parliament passed the Trade Practices Legislation Amendment Act (No. 1) which was designed to make it easier for small businesses to form collectives and engage in collective bargaining with larger suppliers or purchasers of their goods or services. This article reviews those changes, with a particular emphasis on whether or not the changes make it easier for groups of independent contractors to access collective bargaining. The article examines the changes to the process for bargaining and the competition law principles involved in a collective bargaining notification. The article concludes that there are a number of problems with the provisions in practice which will undermine the goals of the Act.

Keywords: Independent Contractors, Collective Bargaining, Competition Law, Authorisations under Trade Practices Act, Small Business Bargaining, Public Benefit

JEL Classification: K31, K10, J50, J51, J53