{{propApi.title}}
{{propApi.text}} {{region}} Change location{{propApi.title}}
{{propApi.successMessage}} {{region}} Change location {{propApi.title}}
{{propApi.text}} {{region}} Change location{{propApi.title}}
{{propApi.successMessage}} {{region}} Change locationMember and guest login
Enter your email and password to access secured content, members only resources and discount prices.
Did you become a member online? If not, you will need to activate your account to login.
If you are having problems logging in, please call HIA helpdesk on 1300 650 620 during business hours.
Forgotten password
Need some help?
If you are having problems logging in, please call HIA helpdesk on 1300 650 620 during business hours.
If the email address you have entered is registered, you will receive an email with further instructions.
Become part of the HIA community
Enables quick and easy registration for future events or learning and grants access to expert advice and valuable resources.
Create a guest account
Enter your details below and create a login
Competition law, collective bargaining and contractors
HIA’s Position statement
- HIA opposes collective bargaining by independent contractors and small business under competition laws, workplace laws and commercial laws. Such arrangements:
- can be anticompetitive
- risk treating contractors as employees
- risk confusing the independent status of contractors
- can threaten housing affordability
- can invite collectivism and interference in commercial and contracting arrangements and
- encourage/enable union participation in the residential building industry.
Background
- Traditionally collective bargaining has only been lawful when exercised by employees in the context of the industrial relations system through unions.
- Collective bargaining by employed workers is not subject to the Competition and Consumer Act (CCA). On the other hand, contractors and other small businesses are subject to the anti-competitive conduct provisions of the legislation. These prohibit price fixing, cartels and other behaviour that would substantially lessen competition.
- In order to be able to use collective bargaining, contractors and small businesses can seek prior approval from the ACCC, which considers the public benefits against public detriment.
- It is argued that collective bargaining allows firms to share these negotiating costs, improving the level of negotiation and achieving outcomes that would not have otherwise been achieved, while also addressing an imbalance in bargaining strength.
- However, this increases the potential for anti-competitive coordination between members of the bargaining group, creating distortions that can harm competitor businesses that are not part of the bargaining group.
- The efficiency created by independent contracting is a key strength of the residential building industry, and if trade contractors were to be able to routinely collectively bargain, there would be an adverse impact on not only contractor independence, but also housing affordability.
Policy endorsed by HIA National Policy Congress: May 2014; Re-endorsed 2020.
Find the latest expert advice, guides and much more!
Was this page helpful?
Illegal Logging Prohibition Rules 2024 Exposure Draft Consultation
HIA provided a submission on the Illegal Logging Prohibition Rules 2024 – Exposure Draft Consultation (herein referred to the Exposure Draft).
HIA Planning Blueprint Scorecard Report
The Housing Industry Association (HIA) has undertaken an assessment of National Cabinet’s 10 point National Planning Reform Blueprint including identifying, and in some cases re-defining, the key planning reform measures needed from the Blueprint to enable the delivery of National Cabinet’s Housing Accord target of building 1.2 million homes over the next 5 years.
Expanding the Nationwide House Energy Rating Scheme
HIA provided a submission to Consultation on expanding the Nationwide House Energy Rating Scheme.
Home Energy Ratings Disclosure Framework
HIA applauds any shift in focus towards understanding the performance of current housing stock, and the development of tools and frameworks to incentivise energy improvements to established dwellings.
Review into the Construction Industry Portable Paid Long Service Leave Act 1985 (WA)
HIA responded to the Discussion Paper for further consultation with respect to the policy positions following the Review into the Construction Industry Portable Paid Long Service Leave Act 1985 (WA).
Senate Select Committee on the Cost of Living
On 23 July 2024, the Housing Industry Association (HIA) received correspondence from the Senate Select Committee on the Cost of Living requesting our views on the impact of the activities of the Construction and General Division of the Construction Forestry Mining and Energy Union (CFMEU) on the cost of construction, particularly residential construction.