Document ID: chunk:federal_register_of_legislation:F2020L01334:reg:7
Version: federal_register_of_legislation:F2020L01334
Segment Type: reg
Provision Reference: reg 7
Character Range: 7344–9346

7  Class exemption—collective bargaining
 (1) Subject to the limitations specified in Division 2, sections 45AF, 45AG, 45AJ, 45AK and 45 of the Act do not apply to a corporation engaging in:
 (a) eligible corporation collective bargaining conduct; or
 (b) franchisee collective bargaining conduct; or
 (c) fuel retailer collective bargaining conduct.
Note: Sections 45AF, 45AG, 45AJ and 45AK of the Act are offence and civil penalty provisions that deal with making a contract containing a cartel provision, and with giving effect to a cartel provision. Section 45 of the Act deals with contracts that restrict dealings or affect competition.
 (2) A corporation engages in eligible corporation collective bargaining conduct if:
 (a) while it is an eligible corporation, it:
 (i) makes an initial contract; or
 (ii) engages with one or more persons in a concerted practice in relation to an initial contract; or
 (b) it gives effect to an initial contract that it made while it was an eligible corporation.
 (3) A corporation engages in franchisee collective bargaining conduct if the corporation is a franchisee of a particular franchisor and:
 (a) it makes an initial contract in which the target is a franchisor and the other contracting parties are franchisees who have a franchise agreement with that franchisor; or
 (b) it engages with one or more such franchisees in a concerted practice in connection with making such an initial contract; or
 (c) it gives effect to such an initial contract.
 (4) A corporation engages in fuel retailer collective bargaining conduct if it has a fuel re‑selling agreement with a particular fuel wholesaler and:
 (a) it makes an initial contract in which the target is the fuel wholesaler and the other contracting parties are related fuel retailers; or
 (b) it engages with one or more related fuel retailers in a concerted practice in connection with making such an initial contract; or
 (c) it gives effect to such an initial contract.

Division 2—Limitations