CHAPTER 9

Consideration of the Workplace Relations and Other Legislation Amendment Bill 1996
Table of Contents

CHAPTER 9

CHAPTER NINE

Broader Effects on the Economy and the Community

Introduction

9.1 This chapter examines the Bill's possible broader effects on the economy and the community. The chapter is based on a number of assumptions, including the possibility that the Bill will cause a significant shift away from awards towards enterprise and individual bargaining; a potential reduction in the power and role of unions; and a possible reduction in wages and conditions of employees who have weak bargaining power.

9.2 There was little, if any, common ground between those who supported the Bill as a whole concept, and those who opposed it. On some points the likely effects of the Bill's likely effects were disputed, for example, whether individual contracts would enhance or detract from co-operative teamwork within the workplace. On other points, there was disagreement on whether a certain effect, if it occurred, would be positive or negative - for example, whether lower minimum wages, if it led to lower unemployment, would make for a better society overall.

9.3 While some submissions accepted the importance of workplace reform and productivity growth, they suggested that this Bill would not achieve those things, or would not be the best way to achieve them. While there was general acceptance of the need to reduce unemployment, there was no agreement on whether the Bill would help that goal.

Effects on Productivity and Economic Growth

9.4 While there was general agreement that improving productivity is a key to improving Australians' living standards, there was no agreement as to whether the Workplace Relations Bill would achieve this

9.5 A number of submissions discussed the need for `flexibility' and `reform' in the labour market, implying that these are the preconditions (or at least, among the preconditions) of improved productivity. Movement away from awards and towards workplace bargaining or individual bargaining was noted in these submissions as beneficial to flexibility.

9.6 However, few submissions described exactly what was meant by `flexibility' and `reform'. These were catchwords put forward as self-evident goods, whose implications were supposed to be obvious. Yet 'flexibility' and 'reform' obviously meant different things to different people. `Flexibility' was promoted as, implicitly, equivalent to `working smarter' - a win-win situation for management and workers (providing the gains are shared between wages and profits); or alternatively, it was regarded simply as code for cutting wages and conditions to increase profits. Correspondingly, it was sometimes unclear whether `productivity' referred to real economic productivity (output per hour worked) or merely unit labour costs (output per wage dollar). `Working smarter' improves real productivity; reducing wage rates may increase profits, but does not affect real productivity - at least, not directly. [1]

9.7 The H.R. Nicholls Society argued that the Bill would have a positive effect:

9.8 The Australian Chamber of Commerce and Industry noted that there are a full range of relevant factors (including management, work organisation, and investment, product, service and marketing strategies), but regarded the environment of employment laws as `absolutely crucial'. [3] However, ACCI did not articulate how the changes proposed by the Bill would affect the employment environment in a way which would promote productivity.

9.9 Other submissions set out arguments denying that the Bill was the right way to go in improving the productivity of Australia's economy, for a number of reasons.

9.10 Firstly, they claimed that existing arrangements, with enterprise bargaining and the inclusion of enterprise flexibility clauses in awards, were sufficiently flexible. They claimed that small business is relatively happy with the award system, since it removes the need to put effort into individual bargaining. They pointed to survey results showing that for small business the award system is not a major impediment to flexibility and change (penalty rates and flexible working hours were the only notable complaints). [4] These matters are discussed further from Paragraph 5.98.

9.11 They pointed to the great growth in part-time work in recent years, as an example showing that the existing regime does not inhibit change. They pointed out that during the 1990s Australia's productivity has increased above the OECD average; this was said to be evidence that existing arrangements are satisfactory.

9.12 Those who felt that the Bill would be good for productivity growth drew the opposite conclusion from the point about Australia's healthy productivity growth in the 1990s: they claimed that enterprise bargaining has contributed to the productivity growth, and this logically supports extending the same principle in the way the Bill does. In relation to the industrial relations reforms of the last decade generally, many supporters of the Bill acknowledged the benefits, but felt they have not gone far enough.

9.13 The second argument that the Bill would do little for productivity growth was that award wages and conditions constitute a `level playing field'. Each firm must pay award conditions secure in the knowledge that its competitors must do the same; these matters are effectively taken out of the realm of competition; firms are thereby encouraged to concentrate their competitive energy on other matters - such as quality management, capital investment, teamwork, innovation, technological improvement - which, it was claimed, are the engine room of real productivity growth and international competitive advantage.

9.14 A recent report by the Economic Planning and Advisory Commission supports this to a degree:

9.15 Thirdly, it was claimed that unions have had a constructive role in mediating between management and the shop floor during the micro-economic reforms of the last decade - a time of wage restraint and increasing profit share. In this argument, to the extent that the Bill would encourage a return to an `us and them' mentality between management and workers, it would be detrimental to the productivity growth that arises from co-operative consultative workplace relations.

9.16 Some submissions, by contrast, regarded unions as interfering `third parties', a hindrance rather than a help to co-operative workplace relations. They claimed that the Bill would improve relationships within the workplace; they did not detail exactly how it would do this; by implication, it would do it by reducing the involvement of unions. In answer, union groups stressed that the union is its members; they claimed that the stereotyped view of interfering union officials fostering discord between the rank and file and the employer, if it was ever true, is thoroughly out of date. They also claimed a role for unions, even in workplaces where there are no current members, as de facto assistants to the industrial inspectorate in monitoring compliance with the law.

9.17 A recent roundup of research on the relationship between union presence in the workplace and productivity is inconclusive -

9.18 The argument just mentioned implicitly applies more to large or unionised workplaces. A closely related argument was put, not particularly referring to the role of unions, that within the firm productivity depends on co-operative teamwork; teamwork is enhanced by standard, known `fair' wages and conditions; the growth of individual `secret' contracts will tend to create a culture of mistrust among workers and will be detrimental to teamwork.

9.19 It was argued that at the broader scale this dynamic could cause increased industrial disputation:

9.20 The Committee was given several admirable examples of co-operative workplace reform involving innovations such as autonomous work teams and devolution of management functions towards the shopfloor. [9] These were described with obvious pride as improving the morale and self-esteem of employees as well as improving production statistics. Employees feared that the Bill would jeopardise this type of new relationship by `sending a signal' to employers that competitive wage-cutting is back on the agenda.

9.21 To this supporters of the Bill said, `What you are doing sounds great; there is nothing in the Bill that will stop it; and if it is as great as it sounds, why would management want to stop it?' Employees answered that this type of reform requires time, effort and a change in management culture; it is a long term investment; they feared that the Bill will tempt management to revert to a more confrontational style in the hope of bargaining down wages; this would be shortsighted and would give only short term profits; it would retard longer term productivity growth. Implicit in this argument, of course, is the view that some proportion of employers are shortsighted; but it is not necessary to estimate what proportion: the fear is that once the `level playing field' of award conditions is removed, and a few employers embark on bargaining down wages, their competitors would be obliged to follow suit in the short term whether or not they thought it was in their long term interests.

9.22 Several submissions particularly referred to the experience of New Zealand since the deregulation of the labour market by the Employment Contracts Act 1991. They said that productivity has increased markedly and unemployment has decreased markedly since then.

9.23 The evidence on unemployment in New Zealand is resumed from Paragraph 9.42 below. On the matter of productivity growth, the Department of Industrial Relations provided good summary evidence from several countries. [10] Its evidence comparing Australia and New Zealand is inconclusive:

9.24 Figure 1, from the Department of Industrial Relations submission (see page ), shows Australia's superior productivity growth in the 1990s. New Zealand's performance compared with itself over time is considerable; its performance compared with Australia, not so impressive. [12]

9.25 A study by the Australian Council of Trade Unions and the Australian Council of Social Service suggested:

9.26 It is also worth repeating that other factors are involved, and direct causal links, or the relative importance of industrial relations law in productivity growth, are hard to establish. Since New Zealand suffered the 1989-90 recession more severely than Australia, it is perhaps not surprising that it climbed out of it more steeply.

9.27 Submissions from those who did not see the New Zealand experience in a favourable light claimed that there has been increasing wage inequality in New Zealand since the deregulation of the labour market under the Employment Contracts Act 1991. A recent study commissioned by the Australian Council of Trade Unions and the Australian Council of Social Service supports this claim -

9.28 On this the Department of Industrial Relations commented:

9.29 The ACTU/ACOSS study gives various evidence that women have been relatively disadvantaged under the deregulated New Zealand system. [16] The ratio of female to male ordinary time earnings has declined only slightly, from 78 per cent to 77.5 per cent, from 1991 to 1995; but women, because of the typical features of the sectors they predominate in, have been less likely to receive productivity base pay rises, and more likely to lose conditions such as penalty rates. However:

9.30 Figures 2 and 3, from the ACTU/ACOSS study, show the trend in inequality of disposable incomes in New Zealand. The increased inequality is noteworthy, though not as dramatic as some of the rhetoric makes out. In particular, Figure 2 shows that the relatively better position of the highest income group has much more to do with income tax changes in 1988 than with the Employee Contracts Act; while the reported increase in poverty is mostly caused by reductions in social security benefits in 1991. On the other hand, the negative effects of the Act on low income earners may be under-reported because of lack of information. Contracts covering fewer than 20 employees do not need to be lodged, so there is no regular reporting on these; [18] the unreported individual contracts are more likely to be those of employees who are non-unionised or otherwise in a weaker bargaining position. In the case of women, for example:

9.31 Returning to the matter of productivity growth, broader comparisons are equally inconclusive. Among OECD countries there is no simple correlation between `decentralised' labour markets and higher productivity growth. [20] Centralised Scandinavia has had relatively high productivity growth; decentralised Canada and the USA have had relatively low productivity growth (Australia's industrial relations system is counted as `intermediate'). [21]

9.32 In evidence to the Committee, Dr Roy Green of the Employment Studies Centre, University of Newcastle, described the relationship between productivity and industrial relations legislation:

9.33 While industrial relations legislation may not be seen as the essential ingredient of productivity growth, it can be an important factor. Industrial relations certainty underpins elements such as the introduction of technology, availability of resources and modern management techniques. Dr Green referred to numerous surveys that showed managers had clear views on what constituted impediments to productivity. In terms of the current industrial legislation the award system was not seen as such. Indeed Dr Green's evidence reflected that of Professor Isaac (see Paragraph 5.102) which described the view of small business which preferred the security and stability of the award system. [23]

Effects on Unemployment

9.34 Unemployment in Australia has increased greatly since the mid 1970s, and now stands at about 8.5 per cent of the labour force.

9.35 Many submissions asserted that the Bill would help reduce unemployment. Firstly, they hoped that the general productivity growth which they expected from the Bill would flow through into greater investment, greater economic activity generally and hence more employment opportunities. Secondly, some submissions referred to the classical economic theory of supply and demand: they said that unemployment is caused (in part, at least) by legal minimum wages that are set too high: if wages were deregulated the balance of supply and demand would see them fall to a market-clearing level:

9.36 In general, opponents of these arguments pointed out that the labour market is significantly different from the product market, and that a whole literature has developed in `new labour economics' precisely because the simple neo-classical model cannot explain labour market phenomena. On this basis the premise that there is any such thing as a `market-clearing wage' in the neo-classical sense should not be accepted uncritically. [25]

9.37 There was some argument about the performance of the Western Australian economy since the labour market reforms of the Workplace Agreements Act 1993 (WA). Some witnesses claimed significantly reduced unemployment in Western Australia; others queried some of the figures, and in any case claimed that the improvement could be attributed to general economic recovery during the period. [26]

9.38 On the other hand, in the relatively deregulated labour market of the United Kingdom, unemployment has remained high. [27]

9.39 The Australian Council of Trade Unions (ACTU) referred to various studies showing that raising the minimum wage did not lead to increased unemployment:

9.40 The Economic Planning and Advisory Commission notes that the Card-Krueger study has received `a mixture of praise and criticism'. [29]

9.41 The ACTU also pointed to the analogy of equal pay for women: predictions that women would be priced out of jobs because of equal pay rulings in the early 1970s proved unfounded. [30]

9.42 Many witnesses referred to the experience of New Zealand since the labour market deregulation of the Employment Contracts Act. Some emphasised that the unemployment rate has declined greatly since then; others countered that this could be explained by the predictable recovery from the 1989-90 recession and by New Zealand's historically lower participation rate:

9.43 The participation rate may vary not only because of the state of the business cycle and the ease of finding employment, but also because of cultural differences, which is one reason why international comparisons of unemployment should be used with caution.

9.44 On the subject of minimum wages versus unemployment generally the most recent OECD Employment Outlook, comments:

9.45 To sum up generally, this sample of comments from various witnesses gives the flavour of the deep disagreement on the likely effects of the Bill on unemployment:

Comparison with Global Trends

9.46 The Committee's terms of reference require it to examine 'the effects of similar provisions in other countries'. The following section is a brief overview of global trends in industrial relations.

9.47 The decentralisation of industrial relations to the enterprise or workplace level has been a trend experienced in the vast majority of OECD countries. However, the extent of the decentralisation, the methods and structures by which it is achieved, and the economic and social outcomes which result are as varied as the countries themselves.

9.48 The differing political, social and economic environments and the myriad variables operating within those countries make it almost impossible to draw any meaningful conclusions about the effects of decentralisation as such. Some countries, such as the USA, have always had highly decentralised bargaining structures, whereas others, such as a number of European countries, have been characterised by predominantly centralised systems. In the USA, recent changes have seen the reduction of 'pattern bargaining' in industries such as automobiles, steel and rubber and the further reduction of the level of bargaining from company-wide negotiations to plant level. In Sweden, opposition to national-level bargaining has been mainly by the few large, export-oriented manufacturing companies which dominate the Engineering Employers Federation. However, industry level bargaining is still predominant.

9.49 The movement towards decentralisation has also not been universal. Japan, which since 1945 has had a predominantly decentralised bargaining system, has experienced some degree of centralisation in the increasing participation in the annual Shunto or 'spring offensive' in which unions, led by industry associations and national confederations, simultaneously pursue wage increases of a similar kind through coordinated industrial action. [37]

9.50 In Lessons from Northern Europe: Collective Bargaining and Economic Performance in Britain, Germany and Sweden Robin Archer examines what relationship, if any, there is between the economic performance of a country and its structure of collective bargaining.

9.51 In Great Britain, where legislative and policy changes introduced by the Thatcher Conservative Government led to a significant decentralisation in bargaining, there was a marked improvement in productivity growth in the 1980s (albeit from a fairly low level). However, while workplace bargaining is likely to have played a part in this improvement, Archer points to evidence that this growth is unlikely to lead to sustained long-term productivity improvements because cost-based numerical reforms have been pursued rather than quality-based functional reform. In addition, total wage growth outstripped productivity growth leading to the conclusion that 'the net outcome of workplace level productivity bargaining in Britain has been rising unit labour costs and declining international competitiveness'. [38]

9.52 Centralisation of bargaining arrangements is considered by many commentators to coincide with better pay equity outcomes between men and women. The submission made by the Department of Industrial Relations to this inquiry acknowledged this suggested link but suggests that 'there are many other factors which could explain the greater gender inequalities in the more decentralised countries. These factors include occupational and industry concentration of female jobs, cultural factors and different legislative provisions on sex discrimination'. [39]

9.53 One aspect of economic performance not examined by the Department's submission is wage dispersion. In his submission to the Committee, Raymond Harbridge, Associate Professor of the Industrial Relations Centre at the Victoria University of Wellington, New Zealand, provided evidence of the effect of New Zealand's Employment Contracts Act 1991. His data shows a very wide wage dispersion within the collective bargaining sector. The OECD's Employment Outlook 1996 finds that real wages for low-paid men in New Zealand (those in the first decile) are over 10% lower than they were a decade ago. [40]

9.54 Australia has also experienced increasing wage dispersion (noted in the same OECD report), although not of the same magnitude as in New Zealand. Recent figures show that this trend is continuing. Employees in the private sector gained average annualised wage increases of 5.1% through enterprise bargaining in the March 1996 quarter. This contrasts with an increase of only 3.7% in average weekly ordinary time earnings economy wide. [41]

Conclusions

9.55 Much material was put to the Committee about the possible effects of the Bill on the Australian economy. The viewpoints expressed were as disparate and varied as the number of people willing to express them. In addition, much material has been referred to about economic performance both here and abroad. Again, the extent of disagreement among the commentators makes drawing a definite conclusion very difficult in this context.

9.56 One thing is however apparent. There is no conclusive evidence to suggest that the Bill will provide a basis for better economic performance than that which has been achieved under the existing system. In this regard, the Committee was impressed at the site visits conducted during these hearings where real demonstrations exemplified what could be achieved within the existing system and involving a co-operative approach between employers, unions and employees.

9.57 What is clear is that our system, which provides reasonable and appropriate protection for the living standards of working Australians, is not inconsistent with solid economic performance. Fairness and efficiency can go hand in hand.

9.58 Statements to the effect that 'the system this Bill seeks to reform has helped contribute to a long term decline in workers living standards in Australia, relative to those in many other countries, while contributing to our unacceptably high level of unemployment' by Minister Reith have not been verified by the evidence.

9.59 Government Members of the Committee disagree with the above conclusions.

FIGURE 1

Trends in labour productivity, Australia and New Zealand, 1988-1995 [see paragraph 9.24]

Source: Department of Industrial Relations, submission 1016 p96, drawing on ABS catalogue no. 5206.0 and Reserve Bank of New Zealand

FIGURE 2

Real disposable income indexes for fulltime wage and salary earners: New Zealand, 1981-1994 [see paragraph 9.30]

source: Australian Council of Trade Unions and Australian Council of Social Service, Report of the Study Program on Structural Adjustment and Social Change: Stage 1 - New Zealand, January 1996, p17; New Zealand Statistics, `Labour Market 1994'

FIGURE 3

Increases in real disposable incomes for fulltime workers and beneficiaries: New Zealand, 1984-1993 [see paragraph 9.30]

source: Australian Council of Trade Unions and Australian Council of Social Service, Report of the Study Program on Structural Adjustment and Social Change: Stage 1 - New Zealand, January 1996, p24

Footnotes

[1] Changes in real productivity will naturally influence unit labour costs, depending on how wages move in response to the changes.

[2] Submission No. 441, p. 1592, H.R. Nicholls Society.

[3] Submission No. 905 p. 3387, Australian Chamber of Commerce and Industry.

[4] Isaac J.E., Small Business and Industrial Relations: Some Policy Issues, Industrial Relations Research Series No. 8, University of Melbourne, July 1993, p. xiv.

[5] Evidence p. E 633, Dr R. Green.

[6] Economic Planning and Advisory Commission, Future labour market issues for Australia, Commission paper no. 12, Canberra, July 1996, p. 26.

[7] Economic Planning and Advisory Commission, The Changing Australian Labour Market, Commission paper no. 11, Canberra, March 1996, p. 61.

[8] Green R., `Productivity: Current Trends and Prospects', ACIRRT working paper no. 40, University of Sydney, April 1996, p. 29.

[9] For example, Cadbury's Hobart factory: site visit 8 July 1996.

[10] Submission No. 1016, pp. 92ff, Department of Industrial Relations.

[11] Submission No. 1016, pp. 92ff, Department of Industrial Relations.

[12] Submission No. 1016, p. 96, Department of Industrial Relations.

[13] Australian Council of Trade Unions and Australian Council of Social Service, Report of the Study Program on Structural Adjustment and Social Change: Stage 1: New Zealand, 1996, pp. ii, 18.

[14] Australian Council of Trade Unions and Australian Council of Social Service, Report of the Study Program on Structural Adjustment and Social Change: Stage 1: New Zealand, 1996, p. 17.

[15] Submission No. 1016, p. 109, Department of Industrial Relations, quoting an OECD economic survey of New Zealand, June 1996.

[16] Australian Council of Trade Unions and Australian Council of Social Service, Report of the Study Program on Structural Adjustment and Social Change: Stage 1: New Zealand, 1996.

[17] R. Harbridge and M. Street, New Zealand Journal of Industrial Relations 20(1)24, quoted in Australian Council of Trade Unions and Australian Council of Social Service, Report of the Study Program on Structural Adjustment and Social Change: Stage 1: New Zealand, 1996, Appendix 9.

[18] Submission No. 1016, p. 83, Department of Industrial Relations.

[19] Australian Council of Trade Unions and Australian Council of Social Service, Report of the Study Program on Structural Adjustment and Social Change: Stage 1: New Zealand, 1996, appendix 9, p. 2 quoting Wilson, New Zealand Journal of Industrial Relations 19(3)269-270.

[20] `Centralisation' is defined as `the extent of inter-union and inter-employer co-operation in wage bargaining with the other side'. Economic Planning and Advisory Commission, Wage Bargaining Systems and Productivity Growth in OECD Countries, background paper No. 26, 1993, pp. 14, 29.

[21] Economic Planning and Advisory Commission, Wage Bargaining Systems and Productivity Growth in OECD Countries, background paper No. 26, 1993.

[22] Evidence p.E 622, Dr R. Green.

[23] Evidence p.E 624, Dr R. Green.

[24] Evidence, p. E 192, N. Evans (H.R. Nicholls Society).

[25] `The `new labour economics' thus suggests that the presence of institutional factors such as collective bargaining or minimum wage legislation is not necessary for wages to be above the market-clearing level.' Economic Planning and Advisory Commission, Future Labour Market Issues for Australia, Commission paper No. 12, July 1996, p. 4.

[26] Evidence p. E 1416ff, 1451ff.

[27] Submission No. 1016, p. 102-3, Department of Industrial Relations.

[28] Submission No. 1017, p. 127-8, Australian Council of Trade Unions.

[29] Economic Planning and Advisory Commission, Future Labour Market Issues for Australia, Commission paper No. 12, July 1996, p. 112.

[30] Submission No. 1017, pp. 128-9, Australian Council of Trade Unions.

[31] Australian Council of Trade Unions and Australian Council of Social Service, Report of the Study Program on Structural Adjustment and Social Change: Stage 1: New Zealand, 1996, p. 6.

[32] Organisation for Economic Co-operation and Development, Employment Outlook, Paris, July 1996, p. 94; see also pp. 69, 98.

[33] Evidence, p. E 636, Dr R. Green.

[34] Evidence, p. E 1361, N. Cusworth (Chamber of Commerce and Industry of WA).

[35] Evidence, p. E 172, L. Hubbard (Victorian Trades Hall Council).

[36] Evidence, p. E 313, T. Abey (Tasmanian Chamber of Commerce and Industry).

[37] Bray, Mark, 'Decentralised Bargaining in North America and Japan', p.93, in Peetz, Preston and Docherty (eds), Workplace Bargaining in the International Context, Department of Industrial Relations, Canberra, 1993.

[38] Archer, Robin, 'Lessons from Northern Europe: Collective Bargaining and Economic Performance in Britain, Germany and Sweden' in Peetz, Preston and Docherty (eds), Workplace Bargaining in the International Context, p. 165-166 and pp. 177-178, Department of Industrial Relations, Canberra, 1993.

[39] Submission No. 1016, p. 106-107, Department of Industrial Relations.

[40] Organisation of Economic Co-operation and Development (OECD), Employment Outlook, July 1996, p. 63.

[41] Department of Industrial Relations, Wage Trends in Enterprise Bargaining, Canberra 1996.