ACCC Small Business Advisory Council Meeting

NATIONAL

MGA is a member of the ACCC Small Business Advisory Council which met on 3 May. Members of the Council, which is led by ACCC Deputy Chairman, Mick Keogh, joined the meeting from all states and territories around Australia via live video link.

Members include other industry association leaders, regulators such as the ATO, ASIC, Small Business Ombudsman, Small Business Commissioners, and ACCC Directors and department heads.

ACCC Chairman Rod Sims addressed the meeting by giving a summary of a number of matters under investigation and gave Council members an opportunity to ask questions and make comments.

The ACCC report presented by Chair Rod Sims stated that on 26 February the ACCC’s Compliance and Enforcement Policy for 2019 was launched. The Compliance and Enforcement Policy sets out priorities for the year and the factors that the ACCC takes into account when deciding whether to pursue matters.

Ensuring that small businesses receive the protections under the Competition and Consumer Act 2010 (CCA), with a focus on the Franchising Code of Conduct and unfair contract terms, is also a priority in 2019.

New priorities in 2019 include: • large retailers supplying high-value electrical appliances and whitegoods, such as refrigerators, computers and washing machines • dealing with anti-competitive conduct and unfair business practices impacting competition in commercial construction markets

• advertising practices on social media platforms and subscription services, which will be a focus concurrently with the ACCC’s Digital Platforms Inquiry.

Former Coalition Small Business Minister Bruce Billson was a guest of the meeting and shared insights into matters relating to the franchise sector.

A number of topics were covered including competitionrelated issues, unfair contract terms (dairy processors, waste management industry), industry codes, false and misleading claims (Murray Goulburn Co-op, Employsure), country of origin claims, education and liaison activities, mergers authorisations and notifications, Food and Grocery Code of Conduct and Franchising Code review, Electricity Retail Code, scams, product recalls, Digital Platforms inquiry and various reports from the small business commissioners.

Insightful comments were made by industry association leaders in the meeting concerning the alleged misleading and unconscionable behaviours by a private business delivering employment and workplace support services – Employsure.

Members of these organisations complained in the meeting about the aggressive nature by Employsure to secure ongoing and costly contracts. Members also state that Employsure has disparaged and damaged the reputation of industry associations such as MGA by claiming they were not providing members with a comprehensive workplace relations support service rendering their businesses at risk of non-compliance.

The ACCC Report dated Friday 3 May 2019, that was presented to the Small Business Advisory Council stated the following in regard to Employsure.

In December 2018 the ACCC instituted proceedings against Employsure Pty Ltd (Employsure), an employment relations company.