The ACCC’s small business collective bargaining class exemption, which has been coming for some time, is now set to start on 3 June 2021.

The exemption makes it lawful for some small businesses to engage in collective commercial bargaining without contravening Australian competition laws.

It will be interesting to see what use staffing agencies are able to make of it in banding together to negotiate with customers and suppliers. If you are an on-hire agency, your independent contractors may also be able to band together to negotiate with you.

Other applications might permit some platform workers to band together to negotiate with their platform controller.

Be careful, though. There are some limits that you will need to stay within and there is a notification process.

Have a read of the determination and share your thoughts? What uses do you see for the new exemption?

Andrew C. Wood