Employer matters in 2005

By any reckoning, the year 2005 will long be remembered as a watershed year for Australian industrial relations. While there were the usual types of industrial disputes, on-going enterprise bargaining and another round of arguments over the Australian Industrial Relations Commission&rsquo;s (AIRC&rsquo;s) annual safety-net review, the year was dominated by the looming re-writing of Australia&rsquo;s industrial relations regulatory regime, made possible by the Government&rsquo;s surprise majority in the Senate, granted to them in late 2004. Viewed as a looming dark cloud by some or a shining light by others, most of 2005 was spent in anxious anticipation of the Howard government&rsquo;s impending &lsquo;WorkChoices&rsquo; legislation. Employer groups spent much of the year lobbying the Howard government for the types of reforms long cherished, but only dreamed of by employers, for arguably 100 years. A once in a lifetime opportunity had presented itself and employer groups were determined to take full advantage of the situation, by ensuring that the government did not lose its nerve. Perhaps more importantly, however, in addition to lobbying the government, major employer organizations devoted significant resources to building the case for industrial relations reform and attempting to sell that message to the electorate. By year&rsquo;s end, employers had succeeded in the first objective, but had seemingly failed in the second.<br /

Fair Work Australia: the Commission reborn?

Fair Work Australia is a new institution created in 2009 to perform a range of functions under the Fair Work legislation – although it is far from the ‘one-stop shop’ that Labor had originally promised. It has much in common with the body it principally replaced, the Australian Industrial Relations Commission, not least in terms of its personnel. Yet, at the same time, it has the freedom to operate in ways that have more in common with two other antecedents, the Workplace Authority and the Australian Fair Pay Commission. This article explores the character of the new agency and the processes it has chosen to adopt for four key functions: the approval of enterprise agreements; the resolution of unfair dismissal claims; wage fixation; and the setting and variation of minimum standards.Andrew Stewar

Contemporary developments in Australian trade practices and their implications for industrial relations

Originally designed as a legal framework intended to govern the nature of business-to-business and business-to-consumer dealings, Australia’s principal competition and consumer law, the Trade Practices Act 1974 (Cth), has evolved over the last 30 years to the point where it also has a significant impact on a number of industrial relations issues. As competition law continues to evolve, it creates flow-on effects that are also felt within the workplace. This article provides an overview of some key recent developments in competition regulation that have had an impact on industrial relations practices. These include the increased use of the Trade Practices Act as a tool in employment contract disputes; the role competition policy is having on redefining the nature of work in the professions; the impact of secondary boycotts and collective bargaining on the work of trade unions; and the treatment of the self-employed individual