Labour Market Arrangements and Competition Law in Australia: Time for Change?

Abstract

As part of an ongoing review of Australia's Competition and Consumer Act (CCA) by Treasury, consideration is being given to removing the exemption from that law for conduct related to the labour market. This article considers whether there is sufficient justification to do so and, if so, how such conduct should be assessed under the CCA. No-poach agreements are cartel conduct and other restrictive agreements may substantially lessen competition in labour markets. Nevertheless, in some circumstances there are legitimate reasons for some of these arrangements. Some suggestions are made as to how restrictive labour arrangements could be addressed by competition law.