Australian labour law in transition: the impact of the Fair Work Act

Abstract

The last two decades have seen almost constant change in Australian labour law. Since the Hawke Government replaced the Conciliation and Arbitration Act 1904 with the broadly similar Industrial Relations Act 1988, there has scarcely been a year without some substantial proposal for legislative reform, at either federal or State levels, or both. However, since 2005 in particular, the pace of change has quickened dramatically. We have seen two major rewrites of federal industrial law. The first, the Howard Government’s ‘Work Choices’ amendments, brought thousands of Australians onto the streets in protest, set off an advertising war, and ultimately helped to bring an end to 11 years of conservative government. The second, the Labor Government’s ‘Fair Work’ legislation, has disappointed unions and employer groups alike – yet holds out the welcome prospect of a return to stability in labour regulation. This paper outlines the changes effected by the Work Choices and Fair Work legislation, and the values and objectives underlying these two important and contentious set of reforms. In order to put them in their proper context, however, it is necessary to start by explaining a reform process that began over 20 years ago.