June 2026
Unfair trading practices
Have your say
Consult Australia’s calls for protections for small businesses facing unfair trading practices have been heard. As the Australian Government explores potential reforms, member experiences will shape our response.
“We were pleased to see so many of our previous recommendations to government on contract terms, payment practices and risk allocation, all of which significantly affect how businesses compete, have been highlighted in the government’s latest consultation,” says Kristy Eulenstein, Consult Australia’s Head of Policy and Government Relations.
Treasury has been consulting on unfair trading practices since 2023. In a 2024 submission to Treasury, Consult Australia supported the intent of addressing unfair trading practices but raised concerns that proposed reforms were too broad.
“We have previously argued that poorly defined rules, as drafted by the government, had the potential to increase uncertainty, compliance costs and commercial disputes.”
Treasury is now asking for feedback on whether additional protections are needed for small businesses and franchisees in business-to-business dealings, and Consult Australia is preparing a submission.
“There are genuine examples of conduct that can place disproportionate burdens on smaller firms, and we want to share those with Treasury so the realities facing small consulting businesses are understood,” says Kristy.
Consult Australia would like to hear practical examples of:
- Contract terms that unfairly transfer risk
- Unreasonable insurance asks
- Excessive, withheld or delayed payments
- Unilateral contract changes or shifting project requirements
- Requirements that create disproportionate compliance or administrative burdens
- Situations where unequal bargaining power has affected commercial outcomes
- Circumstances where businesses have been reluctant to enforce their rights because of commercial consequences
- Other business practices that have caused financial or operational harm.
“Member feedback will help us provide Treasury with practical evidence about where unfair trading practices occur, the impact they have on small businesses and whether additional protections are needed,” Kristy says.
“Behind every policy issue Consult Australia champions is a member business trying to get on with the job. We want Treasury to hear those stories.”
Please share your examples or views with Kristy Eulenstein by Friday 3 July 2026.