What the ACCC does
- We manage the small business collective bargaining class exemption.
- We develop new class exemptions in consultation with business and other stakeholders.
What the ACCC can't do
- We don’t give legal advice.
On this page
About class exemption
Typically, businesses that are planning conduct that risks breaching competition rules in the Competition and Consumer Act 2010 need to seek an exemption for each arrangement.
However, the ACCC can also create class exemptions.
A class exemption:
- covers a certain type of business conduct
- may be limited to specified people, circumstances or conditions.
Businesses can self-assess whether their planned activity is covered by the class exemption.
If covered by the class exemption, arrangements don't need to be individually assessed. The business can go ahead with the activity without applying for authorisation or lodging a notification with the ACCC.
There may be a requirement to notify the ACCC to qualify for the exemption.
Active class exemptions
Active class exemptions are listed on the class exemptions register.
There is currently one active class exemption covering collective bargaining by smaller businesses.
Small business collective bargaining class exemption
The collective bargaining class exemption is an active class exemption. It allows eligible businesses to negotiate with their customers or suppliers as a group, without the risk of breaching competition laws.
Without some form of legal protection, this kind of joint bargaining would be at risk of breaching competition laws.
To be covered by this class exemption, the collective bargaining group must submit a notice form to the ACCC.
See Collective bargaining and collecting boycotts for information on the businesses covered by this class exemption and the notification process.
How new class exemptions are created
We can develop new class exemptions when we are satisfied that a specific type of business conduct is:
- unlikely to substantially lessen competition, or
- is in the public interest.
We identify conduct where a new class exemption may be appropriate. Businesses can also suggest new class exemptions for the ACCC to consider.
We consult widely when developing a new class exemption. We invite submissions from stakeholders.
Current consultations are listed on the class exemptions register.