review. 6 Collective Proposed s 93AB(7A) allows a collective bargaining notification to Require that a collective bargaining notice bargaining be expressed to cover future parties but it does not expressly may be expressed to be given on behalf of notification future require that those parties must also be able to have given the persons who become members of the group – members notice on their own behalf (similar to current s 93AB(7). after the notice is given but only if those parties could have given the notice on their Schedule 10 This is the mechanism that ensures that members of the group own behalf. meet the requirements for lodging a collective bargaining Part 1 notification in ss 93AB(2), (3), (4) (5) Item 13 s 93AB(7A) 7 Forms approved Proposed s 89(1)(a) replaces the form prescribed by the Include an express power for the ACCC to by the ACCC regulations with one approved by the ACCC. However, there is no approve forms for purposes of this CCA. express power in the CCA for the ACCC to approve or prescribe No schedule re Consider whether also to provide for the forms. power to approve ACCC to approve the form for notifications forms See e.g., s 109 Commerce Act purposes of this Act, the rather than using a form prescribed by the (NZ): ‘For Commission may from time to time prescribe forms of regulations. Schedule 10 applications, notices, and other documents required for purposes s 172(3) to be amended to provide for forms of this Act.’ Part 1 approved by the ACCC in addition to forms The proposed amendment to s 89(1)(a) only relates to prescribed by the regulations. Item 1 applications for authorisation. [Note: An express power for the ACCC to s 88 It does not apply to forms required for notifications for exclusive approve forms is similarly required for dealing or resale price maintenance in s 93(1A) or for forms merger authorisations] and required for notifications of collective bargaining s 93AB(6). Part 2 It is preferable that the ACCC is able to approve forms for notifications in addition to applications for authorisation. Item 72 Alternatively, given that the ACCC will be able to approve some new s 89(1)(a) forms, while other forms will be prescribed by regulation, there is
review. 6 Collective bargaining notification – future members Schedule 10 Part 1 Item 13 s 93AB(7A) Proposed s 93AB(7A) allows a collective bargaining notification to be expressed to cover future parties but it does not expressly require that those parties must also be able to have given the notice on their own behalf (similar to current s 93AB(7). This is the mechanism that ensures that members of the group meet the requirements for lodging a collective bargaining notification in ss 93AB(2), (3), (4) (5) Require that a collective bargaining notice may be expressed to be given on behalf of persons who become members of the group after the notice is given but only if those parties could have given the notice on their own behalf. 7 Forms approved by the ACCC No schedule re power to approve forms Schedule 10 Part 1 Item 1 s 88 and Part 2 Item 72 new s 89(1)(a) Proposed s 89(1)(a) replaces the form prescribed by the regulations with one approved by the ACCC. However, there is no express power in the CCA for the ACCC to approve or prescribe forms. See e.g., s 109 Commerce Act (NZ): ‘For purposes of this Act, the Commission may from time to time prescribe forms of applications, notices, and other documents required for purposes of this Act.’ The proposed amendment to s 89(1)(a) only relates to applications for authorisation. It does not apply to forms required for notifications for exclusive dealing or resale price maintenance in s 93(1A) or for forms required for notifications of collective bargaining s 93AB(6). It is preferable that the ACCC is able to approve forms for notifications in addition to applications for authorisation. Alternatively, given that the ACCC will be able to approve some forms, while other forms will be prescribed by regulation, there is Include an express power for the ACCC to approve forms for purposes of this CCA. Consider whether also to provide for the ACCC to approve the form for notifications rather than using a form prescribed by the regulations. s 172(3) to be amended to provide for forms approved by the ACCC in addition to forms prescribed by the regulations. [Note: An express power for the ACCC to approve forms is similarly required for merger authorisations]