Trade Unions in Australia - Industrial Relations Changes in 2005

Industrial Relations Changes in 2005

Further information: 2005 Australian industrial relations law reform (WorkChoices)

After the Howard Liberal Government's 2004 election victory, and with a majority in the Senate since 1 July 2005, changes to industrial laws to further undermine the collective bargaining power of trade unions look set to continue. In May 2005 the Howard Government announced its Industrial Relations changes known as WorkChoices. This legislation received widespread criticism from the Australian union movement, many religious and community groups and, significantly (but not widely reported), the International Labour Organization, of which Australia is a member.

On 30 June 2005 up to 100,000 people marched through Melbourne in opposition to the proposed industrial relations changes, with meetings also held in capital cities and regional towns around Australia.

On 15 November 2005, the ACTU organised a national day of protest, during which the ACTU estimated 546,000 people took part in marches and protests in Australia's state capitals and other cities. The rallies were addressed by State premiers and religious leaders. Other notable Australians, including former Prime Minister Bob Hawke, also spoke in opposition to the industrial relations changes. John Howard said that the protests will not change his policy and employer groups estimated that 95% of the workforce did not attend.

The Bill was passed by the Senate, with minor amendments, by a vote of 35-33 on 2 December 2005 and received the Royal Assent on 14 December.

Following the defeat of the Howard Liberal government at the 2007 federal election, the Rudd Labor government moved quickly to outlaw Australian Workplace Agreements (AWAs) amongst other changes.

WorkChoices legislation was superseded by the Fair Work Act 2009 on 1 July 2009 which, whilst seen as an improvement for workers, has attracted criticism from industry experts, the Australian Greens Party and organized labour, especially the Victorian Branch of the Electrical Trades Union. In May 2009 the findings of a secret report on the new legislation, commissioned by the executive of the Australian Council of Trade Unions (ACTU), were revealed. The report found that "the act does not bring our laws into compliance with ILO standards". Geoff Borenstein, an in-house solicitor of the ETU stated that the Fair Work legislation breaches ILO conventions regarding the right to strike, industrial action generally and restrictions on the content of industrial instruments (awards, collective agreements &c). Professor Ron McCallum of the University of Sydney asserts that the new legislation will "probably" be deemed a breach of international law by the International Labour Organization, particularly in regards to ILO Conventions 87 and 98.