Contemporary developments in Australian trade practices and their implications for industrial relations

Originally designed as a legal framework intended to govern the nature of business-to-business and business-to-consumer dealings, Australia’s principal competition and consumer law, the Trade Practices Act 1974 (Cth), has evolved over the last 30 years to the point where it also has a significant impact on a number of industrial relations issues. As competition law continues to evolve, it creates flow-on effects that are also felt within the workplace. This article provides an overview of some key recent developments in competition regulation that have had an impact on industrial relations practices. These include the increased use of the Trade Practices Act as a tool in employment contract disputes; the role competition policy is having on redefining the nature of work in the professions; the impact of secondary boycotts and collective bargaining on the work of trade unions; and the treatment of the self-employed individual