Competition Law and Worker Voice: Competition Law Impediments to Collective Bargaining in Australia and the European Union

Philip A J Syrpis, Shae McCrystal

Research output: Chapter in Book/Report/Conference proceedingChapter in a book

Abstract

This chapter examines the potential threat posed to collective bargaining from competition laws designed to prevent anti-competitive conduct by business actors. As increasing numbers of workers are engaged under contractual arrangements more closely resembling those which exist between businesses or undertakings (irrespective of the economic or practical reality of the relationships), it becomes more likely that their collective arrangements will come under scrutiny from competition law. Specifically, this chapter considers labour market exemptions from competition law in Australia and the European Union. These exemptions operate as the dividing line between labour law and competition law, and their scope ultimately determines which workers may engage in collective bargaining without potentially breaching competition laws. The continued existence, scope and strength of the exemptions is, accordingly, a crucial element in ensuring access to collective bargaining for workers, enabling their collective voice to be heard.
Original languageEnglish
Title of host publicationVoices at Work
Subtitle of host publicationContinuity and Change in the Common Law World
EditorsTonia Novitz, Alan Bogg
Place of PublicationOxford
PublisherOxford University Press
Pages421-435
Number of pages15
ISBN (Print)9780199683130
Publication statusPublished - 2014

Keywords

  • Collective Bargaining, Collective Voice, Competition Law, Competition Law Exemptions, Self-employed workers

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