All All Industry Insights Industry News Media Release Member Only Articles NRA Events NRA Legal NRA Partners NRA Projects NRA Training and Development Policy & Advocacy Policy Updates Technology Tenancy & Leasing Testimonials Thought Leaders Weekly CEO Update WHS Update

Extending unfair contract term protections to small businesses

February 01, 2016

A new law recently passed by the Federal Government will protect small businesses from unfair contact terms in standard form contracts. The new law will come into force on 12 November 2016 following a 12 month transition period.

A small business is defined as employing less than 20 people, including casual employees employed on a regular and systematic basis.

The law will apply to a standard form contract entered into or renewed on or after 12 November 2016 where:
• it is for the supply of goods or serves or the sale or grant of an interest in land;
• at least one oft he parties is a small business; and
• the upfront price payable under the contract is no more than $300,000 ($1 million if the contract is for longer than 12 months).
If a court or tribunal finds that a term is ‘unfair’ the term will be void. The rest of the contract will continue to bind the parties to the extent that it is capable of operating without the unfair term.

Click here for more information about this new law.

The National Retail Association is interested in hearing your views to include in a submission on this incoming law, particularly whether it provides equivalent and enforceable protections for small businesses.

 If you require more information, contact the NRA

NRA Media

  • National Retail Association strengthens support for members on leasing and tenancy
    June 01, 2021

    We are pleased to have strengthened our partnership with Lpc Cresa, a leading advisor to retail tenants across Australia and New Zealand, to assist our…

    Read More
    September 03, 2018

    To download the nomination form, click here

    Read More
  • Jump start your business for 2021 and step ahead of the competition
    November 20, 2020

    2020 has undoubtedly been one of the most challenging years for all of us. It has created unprecedented trends in every industry, and shown retailers…

    Read More
  • NRA members winners in new partnership with Aussie Broadband
    November 16, 2020

    You must be logged in to view this content.

    Read More
  • Increase to casual evening penalty rate under the General Retail Industry Award 2020 from 1 October 2020
    September 28, 2020

    Evening penalty rate increase for casual employees From 1 October 2020, the evening penalty rate for casual retail workers will be increased by 5%. The…

    Read More

What our clients say

Want to chat?
Contact our team today!