ACCC Chair Rod Sims addressed the Council of Small Business Organisations Australia (COSBOA) National Small Business Summit 2018 today regarding business-to-business unfair contract terms in standard form contracts, advocating there is a strong case to both strengthen the law and introduce penalties for breaking it.
ACCC Chair Rod Sims addresses the Council of Small Business Organisations Australia’s National Small Business Summit regarding recent ACCC enforcement action relating to unfair contract terms, limitations that the ACCC has identified in the business-to-business unfair contract terms law and the codes of conduct.
Warrnambool Cheese and Butter Factory Company Holdings Limited (WCB) has altered terms in its milk supply agreements and milk supply handbook following engagement with the ACCC regarding potentially unfair contract terms.
WCB’s contracts with farmers contained terms that allowed it to unilaterally vary the milk price and other milk supply terms, with the farmer unable to terminate the milk supply agreement early without incurring a financial penalty.
The ACCC has accepted a court enforceable undertaking from home builder Wisdom Properties Group Pty Ltd (Wisdom) to remove contract terms contained in its standard home building agreements which are unfair under the Australian Consumer Law.
From October 2008, Wisdom’s Home Building Agreement contained non-disparagement clauses that allowed it to control or prevent any public statements such as online reviews, made by customers about its services.
The Australian Competition and Consumer Commission’s new report into potentially unfair contract terms details its review of 46 contracts across seven industries, which resulted in a range of businesses making changes to their small business standard form contracts.
The ACCC will begin enforcing the new law this week [Nov 12], when consumer protections against unfair contract terms are extended to include up to 2 million Australian small businesses.
The Australian Competition and Consumer Commission is urging businesses in the agriculture sector to review the standard form contracts that are provided to farmers and other small businesses.
From 12 November 2016 a new law comes into place that will protect farmers and small businesses from unfair contract terms.
Australian Competition and Consumer Commission Deputy Chair Michael Schaper has today launched a new guide for small businesses and farmers on the potential benefits of collective bargaining.
A collective bargaining arrangement allows two or more competing businesses to jointly negotiate with a supplier or a customer over terms, conditions, and prices. Where the ACCC is satisfied that the arrangement provides an overall public benefit, it can allow conduct which may otherwise be prohibited by the Competition and Consumer Act.
The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court against Chrisco Hampers Australia Limited (Chrisco) alleging contraventions of the Australian Consumer Law (ACL) involving an alleged unfair contract term, false or misleading representations, and lay-by termination charges which exceed Chrisco’s reasonable costs.
The Australian Competition and Consumer Commission has accepted a court enforceable undertaking from LivingSocial Pty Ltd (LivingSocial), an online group buying site as a result of ACCC concerns about a term in Living Social’s consumer contracts, and representations made on Living Social’s website.