University Library
  • Login
A gateway to Melbourne's research publications
Minerva Access is the University's Institutional Repository. It aims to collect, preserve, and showcase the intellectual output of staff and students of the University of Melbourne for a global audience.
View Item 
  • Minerva Access
  • Melbourne Law School
  • Melbourne Law School - Research Publications
  • View Item
  • Minerva Access
  • Melbourne Law School
  • Melbourne Law School - Research Publications
  • View Item
JavaScript is disabled for your browser. Some features of this site may not work without it.

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

    Thumbnail
    Download
    Published version (272.5Kb)

    Citations
    Altmetric
    Author
    Hardy, T; McCrystal, S
    Date
    2020
    Source Title
    The Sydney Law Review
    Publisher
    Sydney Law School
    University of Melbourne Author/s
    Hardy, Tess
    Affiliation
    Melbourne Law School
    Metadata
    Show full item record
    Document Type
    Journal Article
    Citations
    Hardy, T. & McCrystal, S. (2020). Bargaining in a Vacuum? An Examination of the Proposed Class Exemption for Collective Bargaining for Small Businesses. The Sydney Law Review, 42 (3), pp.311-342
    Access Status
    Open Access
    URI
    http://hdl.handle.net/11343/251427
    ARC Grant code
    ARC/DE180100279
    Abstract
    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, the article then critically examines the class exemption through a series of dimensions, including the status, agent, level, scope and coverage of bargaining. This analysis reveals that the failure to formalise the bargaining processes and outcomes, the emphasis on voluntarism and the absence of any right to take collective boycotts, will not only lead to uncertainty, it will ultimately limit the overall effectiveness of collective bargaining in this forum.

    Export Reference in RIS Format     

    Endnote

    • Click on "Export Reference in RIS Format" and choose "open with... Endnote".

    Refworks

    • Click on "Export Reference in RIS Format". Login to Refworks, go to References => Import References


    Collections
    • Minerva Elements Records [52443]
    • Melbourne Law School - Research Publications [947]
    Minerva AccessDepositing Your Work (for University of Melbourne Staff and Students)NewsFAQs

    BrowseCommunities & CollectionsBy Issue DateAuthorsTitlesSubjectsThis CollectionBy Issue DateAuthorsTitlesSubjects
    My AccountLoginRegister
    StatisticsMost Popular ItemsStatistics by CountryMost Popular Authors