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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.
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Minimum tax on discretionary trusts
The Housing Industry Association (HIA) opposes the proposed minimum tax on discretionary trusts and the associated Excluded Election Trust (EET) regime.
Member information: Fuel Surcharges and the Road Transport Order
In April 2026 an order requiring primary and secondary parties in road transport contractual chains to review and adjust transport rates fortnightly to recover increased fuel costs was handed down by the FWC. This requirement switched off automatically in the week ending 5 June 2026, when the weekly average national terminal gate diesel price fell below $2.00 per litre but did not revoke the order. HIA breaks down what this means for your business.
Superannuation Legislation Amendment (Fair Super for Young Workers) Bill 2026
HIA supports fair treatment of young workers and recognises the importance of appropriate superannuation coverage. However, HIA opposes the Bill as drafted due to a number of legal and technical issues, primarily the impact on small business builders. Read more about HIA's submission to the Federal Senate's Economic Legislation Committee here.
Proposed domestic building contracts amendment regulations 2026
Domestic Building Contracts Act 1995 (the Act) and the Domestic Building Regulations have failed to keep pace with changes in home building and reflect cost and payment structures relevant to the previous century.
National Voluntary Certification Scheme for Manufacturers of Prefabricated Construction
A summary of recommendations in the submission reflects HIA views on the areas for improvement and clarity on the scheme, and on the extent that the draft scheme responds to HIA’s previous submission to the Prefabrication Issues paper.
Australia's future is built by tradies
Every home, renovation, extension, repair and community facility relies on the skills, dedication and professionalism of Australia’s trades workforce.