WorkChoices - Legacy

Legacy

Kevin Rudd took over the Australian Labor Party leadership on 4 December 2006, and in the process reaffirming his opposition to Work Choices. As Labor won government at the 2007 federal election, it will retain a federal rather than states-based system. Additionally, it plans to phase out Australian Workplace Agreements (AWAs) over a period of years with a preference of collective agreements and awards with an exclusion to those earning over $100,000. Unfair dismissal laws would be restored to all businesses, however, employees joining companies with under 15 employees will be placed under a twelve month probationary period. Restrictive right of entry rules in to workplaces for unions introduced under Work Choices will remain and secret ballots (rather than open ballots) to decide on carrying out strikes will continue, which would become banned except during periods of collective bargaining. The dismantling of the group of industrial relations bodies created by the government would also occur, and in their place a service known as "Fair Work Australia" would be created.

Kevin Rudd used part of the 2007 election debate to argue that the Liberal Party was being influenced by the H. R. Nicholls Society to make further reforms to industrial relations, citing Nick Minchin's attendance to last year's H. R. Nicholls Society conference, where he told the audience that the coalition knew its reform to Work Choices were not popular but the process of change must continue, and that "there is still a long way to go... awards, the IR commission, all the rest of it..." The Australian Labor Party stated that "We know the HR Nicholls society supports the abolition of awards, supports the abolition of the minimum wage, supports the abolition of the independent umpire, the Industrial Relations Commission".

In 2007, the Society criticised the WorkChoices legislation for creating even more regulation. The Society, which in fact supports deregulation of the labour market to the extent that employers and employees simply form contracts with each other and then deal with any disputes via the courts, admonished the WorkChoices model particularly for its length and the amount of red tape, claiming it was "all about regulation" and comparing it to the "old Soviet system of command and control", as well as on federalist grounds saying "This attempt on his part to diminish the role of the states, to concentrate all power in Canberra, is very much to Australia's detriment". Society President Ray Evans stated that in creating Work Choices "John Howard has assumed an omnipotence that Labor will inherit and to which no mortal should aspire. It will end in tears." Des Moore stated on behalf of the Society that "The HR Nicholls Society is very disappointed with the work choices changes."

Howard's successor as leader of the Liberal Party, Brendan Nelson declared that his party has "listened and learned" from the Australian public. He also declared that WorkChoices was "dead" and would never be resurrected as part of Coalition policy, and called on Rudd to move quickly to introduce draft industrial relations legislation. Former IR minister Joe Hockey said the laws "went too deep" but were introduced with "the best intentions". "As I said yesterday and I've said since election day, WorkChoices is dead, and there is an overwhelming mandate for the Labor Party's policy of tearing up Work Choices," he said.

Former Prime Minister John Howard broke his post-election silence in March 2008 by attacking Rudd's industrial relations policy while defending WorkChoices.

In March 2008 Federal Industrial Relations Minister Julia Gillard revealed that the previous government had spent $121 million on what she described as WorkChoices propaganda including promotional material such as 98,000 mousepads, 77,000 pens and 100,000 plastic folders.

On 19 March 2008, a bill was passed in the Senate that prevented new AWAs from being made, and set up provisions for workers to be transferred from AWAs into intermediate agreements.

On 27 March 2008, the ban on new AWAs came into effect in Australia. The date was chosen by Acting Prime Minister Julia Gillard to have the law given Royal Assent as it coincided with the second anniversary of the Work Choices legislation. "On this two-year anniversary of Work Choices, we are here to start burying Work Choices" announced Julia Gillard. Brendan Nelson, Leader of the Opposition, made it clear that the Liberal-National Coalition will not seek to reintroduce AWAs, saying: "I made it clear on behalf of the Coalition prior to Christmas that Work Choices is dead."