Australian labour law
Encyclopedia
Australian labour law has had a unique development that distinguishes it from other English speaking jurisdictions.
In 1904 the Conciliation and Arbitration Act
was passed mandating "Conciliation
and Arbitration
for the Prevention and Settlement of Industrial Disputes extending beyond the Limits of any one State". In 2005, the WorkChoices
Act removed certain dismissal laws, removed the "no disadvantage test", and made it possible for workers to submit their certified agreements directly to Workplace Authority rather than going through the Australian Industrial Relations Commission
. There were also clauses in WorkChoices that made it harder for workers to strike, made it easier for employers to force their employees onto individual workplace agreements rather than collective agreements, and banning clauses from workplace agreements which supported trade unions.
Since 1993 the Australian federal government has increasingly used the corporations power contained in s51 (20) to enact labour law legislation. This power allows the federal parliament to make laws with respect to "trading and financial corporations formed within the limits of the Commonwealth", as well as 'foreign' corporations. The Coalition
Government of John Howard
announced plans in 2005 to further use this power to override State systems and unify the industrial relations system under the Federal umbrella. The proposed changes also included the introduction of an independent Australian Fair Pay Commission to set wages, and enhanced powers for the Office of the Employment Advocate and a corresponding lesser role for the Australian Industrial Relations Commission.
came into operation in 2006, it gave effective control of 85% of the Australian labour law system to the Federal Government
. The constitutional validity of the legislation was challenged in the High Court of Australia
in New South Wales & Ors v Commonwealth. The Court decided by a majority of 5-2 (Kirby and Callinan JJ dissenting) in November 2006 that all of the reforms were valid, The case was also a significant constitutional law decision in the area of Federal-state relations.
Workchoices eventuated in the demise of the 11 year old government of John Howard. A comprehensive election defeat on this issue showed that he had pushed to issue more right than the Australian electorate were willing to accept. Howard became only the second Prime Minister to lose his seat.
(FWA) is the new government industrial relations institution created by the Federal ALP Government's Fair Work Act 2009. It commenced operation on 1 July 2009.
In 1904 the Conciliation and Arbitration Act
Conciliation and Arbitration Act 1904
The Conciliation and Arbitration Act 1904 was an Australian Commonwealth Government Act "relating to Conciliation and Arbitration for the Prevention and Settlement of Industrial Disputes extending beyond the Limits of any one State", and was assented to on 15 December 1904, almost four years after...
was passed mandating "Conciliation
Conciliation
Conciliation is an alternative dispute resolution process whereby the parties to a dispute agree to utilize the services of a conciliator, who then meets with the parties separately in an attempt to resolve their differences...
and Arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
for the Prevention and Settlement of Industrial Disputes extending beyond the Limits of any one State". In 2005, the WorkChoices
WorkChoices
The Workplace Relations Act 1996, as amended by the Workplace Relations Amendment Act 2005, popularly known as Work Choices, was a Legislative Act of the Australian Parliament that came into effect in March 2006 which involved many controversial amendments to the Workplace Relations Act 1996, the...
Act removed certain dismissal laws, removed the "no disadvantage test", and made it possible for workers to submit their certified agreements directly to Workplace Authority rather than going through the Australian Industrial Relations Commission
Australian Industrial Relations Commission
The Australian Industrial Relations Commission, or AIRC , was a tribunal with powers under the Workplace Relations Act 1996. It was the central institution of Australian labour law...
. There were also clauses in WorkChoices that made it harder for workers to strike, made it easier for employers to force their employees onto individual workplace agreements rather than collective agreements, and banning clauses from workplace agreements which supported trade unions.
Pre-2006
In the case of disputes involving a company in a single state either, a union or industrial organisation will rope them into a federal award by arguing that they are part of an industry in which a dispute extending beyond the limits of any one state exist. (This can be done by finding another company which did similar work and serving them with a log of claims concurrently or by virtue of a company's membership of a peak industry body.) Alternatively, if the company was not covered by a federal Award it would be covered by the various States' industrial relations systems, and disputes are conciliated or arbitrated by the state industrial relations commissions which would create an industry rule Award.Since 1993 the Australian federal government has increasingly used the corporations power contained in s51 (20) to enact labour law legislation. This power allows the federal parliament to make laws with respect to "trading and financial corporations formed within the limits of the Commonwealth", as well as 'foreign' corporations. The Coalition
Coalition (Australia)
The Coalition in Australian politics refers to a group of centre-right parties that has existed in the form of a coalition agreement since 1922...
Government of John Howard
John Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....
announced plans in 2005 to further use this power to override State systems and unify the industrial relations system under the Federal umbrella. The proposed changes also included the introduction of an independent Australian Fair Pay Commission to set wages, and enhanced powers for the Office of the Employment Advocate and a corresponding lesser role for the Australian Industrial Relations Commission.
2006 WorkChoices
WorkChoicesWorkChoices
The Workplace Relations Act 1996, as amended by the Workplace Relations Amendment Act 2005, popularly known as Work Choices, was a Legislative Act of the Australian Parliament that came into effect in March 2006 which involved many controversial amendments to the Workplace Relations Act 1996, the...
came into operation in 2006, it gave effective control of 85% of the Australian labour law system to the Federal Government
Government of Australia
The Commonwealth of Australia is a federal constitutional monarchy under a parliamentary democracy. The Commonwealth of Australia was formed in 1901 as a result of an agreement among six self-governing British colonies, which became the six states...
. The constitutional validity of the legislation was challenged in the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
in New South Wales & Ors v Commonwealth. The Court decided by a majority of 5-2 (Kirby and Callinan JJ dissenting) in November 2006 that all of the reforms were valid, The case was also a significant constitutional law decision in the area of Federal-state relations.
Workchoices eventuated in the demise of the 11 year old government of John Howard. A comprehensive election defeat on this issue showed that he had pushed to issue more right than the Australian electorate were willing to accept. Howard became only the second Prime Minister to lose his seat.
2009 Fair Work Australia
Fair Work AustraliaFair Work Australia
Fair Work Australia is the Australian industrial relations institution created by the Federal ALP Government's Fair Work Act 2009.. It commenced operation on 1 July 2009.-Functions:...
(FWA) is the new government industrial relations institution created by the Federal ALP Government's Fair Work Act 2009. It commenced operation on 1 July 2009.
See also
- Australian Industrial Relations CommissionAustralian Industrial Relations CommissionThe Australian Industrial Relations Commission, or AIRC , was a tribunal with powers under the Workplace Relations Act 1996. It was the central institution of Australian labour law...
- Australian Council of Trade UnionsAustralian Council of Trade UnionsThe Australian Council of Trade Unions is the largest peak body representing workers in Australia. It is a national trade union centre of 46 affiliated unions.-History:The ACTU was formed in 1927 as the "Australian Council of Trade Unions"...
- Australian Industrial Relations Law Reform 2005