From the arbitration system to the Fair Work Act: the changing approach in Australia to voice and representation at work

Abstract

This article explores mechanisms for employee voice and representation at work by reference to five processes for making rules about the employment relationship: statutory regulation, delegated regulation, collective agreement-making, individual contracting, and managerial unilateralism. We look in particular at five labour law regimes that have operated in Australia: the traditional conciliation and arbitration system; the enterprise bargaining regime introduced in 1993; the Workplace Relations Act as it operated after 1996; the ‘Work Choices’ amendments that took effect in 2006; and the Fair Work legislation from 2009 onwards. Our analysis of those regimes suggests three main findings. First, the support for union forms of collective voice has declined, but the laws have also changed dramatically in the types of support offered for trade unions. Secondly, the diminishing legislative support for unions has not been counterbalanced by the development of alternative collective forms of employee voice. Thirdly, the individualisation of rule-making processes and employee voice has been a consistent trend in Australian labour law.