{"id":"F2020L01334","name":"Competition and Consumer (Class Exemption—Collective Bargaining) Determination 2020","slug":"competition-and-consumer-class-exemption-collective-bargaining-determination-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440631,"registerId":"F2020L01334-fast-fetch-1775956198796","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Competition and Consumer (Class Exemption—Collective Bargaining) Determination 2020","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nCompetition and Consumer (Class Exemption—Collective Bargaining) Determination 2020\n\nThe Australian Competition and Consumer Commission makes the following determination.\n\nDated\n\n19 October 2020\n\n \n\n \n\nThe Australian Competition and Consumer Commission\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Period for which determination is in force\n\n5  Definitions\n\n6  Meaning of initial contract, contracting parties and target\n\nPart 2—Class exemption—collective bargaining\n\nDivision 1—Class exemption\n\n7  Class exemption—collective bargaining\n\nDivision 2—Limitations\n\n8  Exemption does not apply to collectively refusing to contract with target\n\n9  Collective bargaining class exemption notice must be given to the Commission within 14 days\n\n10  Copy of collective bargaining class exemption notice must be given to target\n\n11  Corporation must have reasonable expectation of contracting with target\n\n12  Class exemption does not apply in relation to certain initial contracts\n\n13  Sharing of information permitted only when reasonably necessary\n\n \n\n \n\n \n\nPart 1—Preliminary\n\n1  Name\n\n  This instrument is the Competition and Consumer (Class Exemption—Collective Bargaining) Determination 2020.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- The whole of this instrument A single day to be fixed by the Commission by notifiable instrument.However, if the provisions do not commence within the period of 12 months beginning on the day this instrument is registered, they commence on the day after the end of that period. 3 June 2021 (F2021N00106)\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under:\n\n (a) section 95AA of the Competition and Consumer Act 2010; and\n\n (b) section 95AA of the Competition Code.\n\n4  Period for which determination is in force\n\n  For subsection 95AA(3) of the Act, this determination is in force for the period that:\n\n (a) begins on the commencement date referred to in section 2; and\n\n (b) ends on 30 June 2030.\n\nNote: Despite this section, this determination could be revoked sooner than the end of this period. See subparagraph 95AA(4)(b)(i) of the Act.\n\n5  Definitions\n\nNote 1: A number of expressions used in this instrument are defined in section 4 of the Act, including the following:\n\n• acquire;\n\n• authorisation;\n\n• Commission;\n\n• contract;\n\n• corporation;\n\n• give effect to;\n\n• goods;\n\n• party;\n\n• services;\n\n• supply;\n\n• Tribunal.\n\nNote 2: For the meaning of references to the “Competition Code”, see Part XIA of the Act.\n\n  In this determination:\n\nAct means the Competition and Consumer Act 2010 or the Competition Code, as appropriate.\n\naggregated turnover, of a corporation, means the corporation’s aggregated turnover as calculated in accordance with section 328‑115 of the Income Tax Assessment Act 1997.\n\ncollective bargaining class exemption notice has the meaning given by section 9.\n\ncollective bargaining notice has the meaning given by section 93AA of the Act.\n\ncommence includes enter into force.\n\ncontract means a contract, arrangement or understanding.\n\ncontracting parties has the meaning given by section 6.\n\neligible corporation: a corporation is an eligible corporation in a particular financial year if it reasonably believes that, in the previous financial year, its aggregated turnover was less than $10 million.\n\nNote 1: In the circumstances provided for in the Act, a reference in this instrument to a corporation includes a reference to a person that is not a corporation: see section 6 of the Act and paragraph 13(1)(b) of the Legislation Act 2003.\n\nNote 2: For the purposes of the Competition Code (see Part XIA of the Act), a reference in this instrument to a corporation will also include a reference to a person that is not a corporation: see subsection 150C(2) of the Act.\n\nfranchise agreement has the meaning given by the Franchising Code.\n\nfranchisee has a meaning affected by the Franchising Code.\n\nFranchising Code means Schedule 1 to the Competition and Consumer (Industry Codes—Franchising) Regulation 2014, as in force from time to time.\n\nfranchisor has a meaning affected by the Franchising Code.\n\nfuel re‑selling agreement has the meaning given by the Oil Code.\n\nfuel retailer means person who is a retailer under a fuel re‑selling agreement.\n\nNote: This definition covers paragraph (b) of the definition of “retailer” in the Oil Code. It does not cover paragraph (a) or paragraph (c) of that definition.\n\nfuel wholesaler means a supplier within the meaning of the Oil Code.\n\ninitial contract has the meaning given by section 6.\n\nobjection notice has the meaning given by section 93AA of the Act.\n\nOil Code means Schedule 1 to the Competition and Consumer (Industry Codes—Oil) Regulations 2017, as in force from time to time.\n\nrelated fuel retailers: two fuel retailers are related fuel retailers if:\n\n (a) both have a fuel re‑selling agreement with the same fuel wholesaler; and\n\n (b) those elements of the system or marketing plan under which they offer, supply or distribute motor fuel in Australia that were determined, controlled or suggested by the fuel wholesaler or an associate of the fuel wholesaler are the same.\n\ntarget has the meaning given by section 6.\n\ntrade union has the meaning given by subsection 93AB(11) of the Act.\n\n6  Meaning of initial contract, contracting parties and target\n\n (1) For this determination, a contract or a proposed contract between a corporation and 1 or more other persons (the contracting parties) is an initial contract if:\n\n (a) it is about:\n\n (i) the supply of particular goods or services to; or\n\n (ii) the acquisition of particular goods or services from;\n\n  one or more other persons (the target or targets) by the corporation and the contracting parties; and\n\n (b) the corporation and the contracting parties made the contract for the purpose of collectively negotiating one or more contracts with the target or targets.\n\nNote: See section 4F of the Act for the interpretation of references to “purpose”.\n\n (2) However, a contract or a proposed contract is not an initial contract if it is about the supply of goods or services to a target or targets for personal, domestic or household use by the target or targets.\n\n \n\nPart 2—Class exemption—collective bargaining\n\nDivision 1—Class exemption\n\n7  Class exemption—collective bargaining\n\n (1) Subject to the limitations specified in Division 2, sections 45AF, 45AG, 45AJ, 45AK and 45 of the Act do not apply to a corporation engaging in:\n\n (a) eligible corporation collective bargaining conduct; or\n\n (b) franchisee collective bargaining conduct; or\n\n (c) fuel retailer collective bargaining conduct.\n\nNote: Sections 45AF, 45AG, 45AJ and 45AK of the Act are offence and civil penalty provisions that deal with making a contract containing a cartel provision, and with giving effect to a cartel provision. Section 45 of the Act deals with contracts that restrict dealings or affect competition.\n\n (2) A corporation engages in eligible corporation collective bargaining conduct if:\n\n (a) while it is an eligible corporation, it:\n\n (i) makes an initial contract; or\n\n (ii) engages with one or more persons in a concerted practice in relation to an initial contract; or\n\n (b) it gives effect to an initial contract that it made while it was an eligible corporation.\n\n (3) A corporation engages in franchisee collective bargaining conduct if the corporation is a franchisee of a particular franchisor and:\n\n (a) it makes an initial contract in which the target is a franchisor and the other contracting parties are franchisees who have a franchise agreement with that franchisor; or\n\n (b) it engages with one or more such franchisees in a concerted practice in connection with making such an initial contract; or\n\n (c) it gives effect to such an initial contract.\n\n (4) A corporation engages in fuel retailer collective bargaining conduct if it has a fuel re‑selling agreement with a particular fuel wholesaler and:\n\n (a) it makes an initial contract in which the target is the fuel wholesaler and the other contracting parties are related fuel retailers; or\n\n (b) it engages with one or more related fuel retailers in a concerted practice in connection with making such an initial contract; or\n\n (c) it gives effect to such an initial contract.\n\nDivision 2—Limitations\n\n8  Exemption does not apply to collectively refusing to contract with target\n\n (1) Section 7 does not apply in respect of an initial contract that contains a prohibited boycott provision.\n\n (2) For this section, a prohibited boycott provision of an initial contract is a provision that has the purpose of preventing, restricting or limiting, directly or indirectly:\n\n (a) the supply of goods or services to a target or targets; or\n\n (b) the acquisition of goods or services from a target or targets;\n\n  by the corporation or one or more contracting parties.\n\nNote: See section 4F of the Act for the interpretation of references to “purpose”.\n\n9  Collective bargaining class exemption notice must be given to the Commission within 14 days\n\n (1) Section 7 applies in relation to a particular initial contract only if a notice (a collective bargaining class exemption notice) relating to that initial contract has been given to the Commission in accordance with this section.\n\n (2) The collective bargaining class exemption notice:\n\n (a) must be in the form approved by the Commission and contain all of the information that is required by that form; and\n\n (b) may be given to the Commission by, or on behalf of, the corporation or any of the other contracting parties; and\n\n (c) must not be given to the Commission on behalf of any of those persons by:\n\n (i) a trade union; or\n\n (ii) an officer of a trade union; or\n\n (iii) a person acting on the direction of a trade union.\n\n (3) Section 7 applies to conduct specified in that section in relation to that initial contract only if the conduct was engaged in:\n\n (a) on or after the date the notice was given to the Commission; or\n\n (b) no more than 14 days before that date.\n\n10  Copy of collective bargaining class exemption notice must be given to target\n\n  Section 7 applies to giving effect to an initial contract by:\n\n (a) negotiating a contract with 1 or more targets; or\n\n (b) making such a contract; or\n\n (c) giving effect to such a contract;\n\n  only if a copy of the collective bargaining class exemption notice that relates to the initial contract has been given to the target or those targets.\n\nNote: The copy of the collective bargaining class exemption notice could be given to the target by the corporation or by any of the other contracting parties.\n\n11  Corporation must have reasonable expectation of contracting with target\n\n  Subsection 7(2) applies to a corporation only if, when engaging in the kind of conduct specified to in that subsection, it reasonably expects that it will make 1 or more contracts with 1 or more of the targets, about:\n\n (a) the supply to that target or those targets of 1 or more of the goods or services to which the initial contract relates; or\n\n (b) the acquisition from that target or those targets of 1 or more of those goods or services.\n\n12  Class exemption does not apply in relation to certain initial contracts\n\n (1) If any of subsections (2), (3), (4) or (5) applies to an initial contract, section 7 does not apply to engaging in the conduct specified in that section in relation to the initial contract.\n\nApplications for authorisations\n\n (2) This subsection applies to an initial contract if:\n\n (a) a person has applied for an authorisation in relation to the initial contract; and\n\n (b) the Commission has made a determination:\n\n (i) dismissing the application; or\n\n (ii) revoking the authorisation; and\n\n (c) either:\n\n (i) the Tribunal has made a determination affirming or varying (but not setting aside) the Commission’s determination; or\n\n (ii) the time for making an application for review of the Commission’s determination has ended without the making of an application.\n\nNote: Applications for authorisations are made under Division 1 of Part VII of the Act. For dismissal of applications, see section 90 of the Act. For revocation of authorisations, see section 91B of the Act. For review of determinations of the Commission, see Part IX of the Act.\n\n (3) This subsection applies to an initial contract if:\n\n (a) a person has applied for an authorisation in relation to the initial contract; and\n\n (b) the Commission has prepared a draft determination proposing to deny the application; and\n\n (c) the application is withdrawn.\n\nNote: Applications for authorisations are made under Division 1 of Part VII of the Act. For draft determinations, see section 90A of the Act. For withdrawal of applications, see subsection 88(7) of the Act.\n\nCollective bargaining notices\n\n (4) This subsection applies to an initial contract if:\n\n (a) a corporation has given the Commission a collective bargaining notice in relation to the initial contract; and\n\n (b) the Commission has given an objection notice in relation to the collective bargaining notice; and\n\n (c) either:\n\n (i) the Tribunal has made a determination affirming the objection notice; or\n\n (ii) the time for making an application for review of the objection notice has ended without the making of an application.\n\nNote: Collective bargaining notices are given under Division 2 of Part VII of the Act. For objection notices, see section 93AC of the Act. For review of objection notices, see Part IX of the Act.\n\n (5) This subsection applies to an initial contract if:\n\n (a) a corporation has given the Commission a collective bargaining notice in relation to the initial contract; and\n\n (b) the collective bargaining notice is taken to have been withdrawn.\n\nNote: Collective bargaining notices are given under Division 2 of Part VII of the Act. For deemed withdrawal, see section 93AE of the Act.\n\n13  Sharing of information permitted only when reasonably necessary\n\n  Section 7 applies to a corporation sharing information with, or using information that has been shared by, other contracting parties only if:\n\n (a) the information is shared or used by the corporation to engage in the conduct specified in section 7; and\n\n (b) the corporation believes that it is reasonably necessary to share or use that information in order to facilitate it engaging in that conduct.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of providing a streamlined exemption for collective bargaining by specific categories of small businesses. The scope covers three distinct but related groups (small businesses under $10M turnover, franchisees, and fuel retailers), which reflects the ACCC's targeted approach to sectors where power imbalances are well-documented. There is no evidence of scope creep beyond the original policy intent of facilitating small business collective bargaining."},"complexity_factors":["Multiple overlapping categories of eligible parties (eligible corporations, franchisees, fuel retailers) with distinct definitions","19 defined terms including cross-references to external legislation (Income Tax Assessment Act 1997, Franchising Code, Oil Code)","Nested conditional logic: exemption applies only if multiple cumulative conditions are met (notification to ACCC, copy to target, reasonable expectation of contracting, no boycott provisions)","Complex interaction with other statutory mechanisms: exclusions apply if authorisation applications or collective bargaining notices have been made under separate Division 1 and Division 2 of Part VII of the Act","Temporal restrictions on conduct (14-day window before or after notification)","Purpose-based tests requiring subjective beliefs ('reasonably believes', 'reasonably expects', 'reasonably necessary')","Extensive cross-referencing to primary legislation (Competition and Consumer Act 2010) for definitions of cartel provisions, concerted practices, and review mechanisms"],"plain_english_summary":"This determination lets certain small businesses (turnover under $10M), franchisees and fuel retailers legally band together to negotiate with suppliers or customers without breaching Australia’s cartel laws, via a class exemption in force until 30 June 2030.\n\nGroups may share information and negotiate jointly, but cannot boycott, must notify the ACCC and the target, and must genuinely intend to contract."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument narrows the application of certain cartel and competition provisions (notably the provisions listed in s7) by exempting specified collective bargaining conduct for three classes of parties (eligible small corporations, franchisees, and related fuel retailers) subject to procedural and substantive limits (notice requirements, no boycott provisions, information‑sharing limits). It therefore removes those sections' application to qualifying conduct while the determination is in force (until 30 June 2030), but preserves exclusions and interacts with existing authorisation and objection processes (s7, s8, s9, s10, s12, s13, s4)."},"complexity_factors":["Multiple covered classes with different entry rules: eligible small corporations, franchisees, and related fuel retailers (s7).","Turnover‑based eligibility tied to aggregated turnover as defined by the Income Tax Assessment Act (eligible corporation definition, s5).","Strict procedural requirements: a prescribed notice to the Commission in approved form, timing limits (give to ACCC within 14 days, and conduct only back to 14 days before notice) and a prohibition on trade unions giving the notice (s9).","Obligation to provide a copy of the exemption notice to the target(s) before giving effect to negotiated contracts (s10).","Substantive exclusion for any initial contract containing a prohibited boycott provision (s8).","Interplay and exclusion where an authorisation application, draft denial, revocation, or Commission/Tribunal objection/review process has occurred—creates conditional gaps in availability of the exemption (s12).","Limitation on information sharing: only information reasonably necessary to facilitate the collective bargaining conduct may be shared or used (s13).","Reasonableness standard for expectation of contracting with the target imposes a factual test on participants (s11).","Reliance on external codes and definitions (Franchising Code, Oil Code, Income Tax Act) increases interpretive complexity (s5).","Time‑limited operation to 30 June 2030, with potential earlier revocation (s4)."],"plain_english_summary":"This determination creates a class exemption allowing certain groups of businesses to engage in collective bargaining without contravening specified cartel and competition offences. It applies to small corporations (those that reasonably believe their aggregated turnover was under $10 million), franchisees negotiating with their franchisor, and related fuel retailers.\n\nUse of the exemption is conditional: participants must avoid boycott provisions, give prescribed notices to the ACCC and to the target within set timeframes, limit information‑sharing to what is reasonably necessary, and meet other eligibility requirements. The determination operates until 30 June 2030."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/competition-and-consumer-class-exemption-collective-bargaining-determination-2020","history":"/api/acts/competition-and-consumer-class-exemption-collective-bargaining-determination-2020/history","analysis":"/api/acts/competition-and-consumer-class-exemption-collective-bargaining-determination-2020/analysis","conflicts":"/api/acts/competition-and-consumer-class-exemption-collective-bargaining-determination-2020/conflicts","importantCases":"/api/acts/competition-and-consumer-class-exemption-collective-bargaining-determination-2020/important-cases","documents":"/api/acts/competition-and-consumer-class-exemption-collective-bargaining-determination-2020/documents"}}