Footnotes

[1] See the discussion in chapter 2 at paras 2.33 and 2.34.

[2] National Wage Case Decision, Full Bench, Australian Industrial Relations Commission, 10 March 1987, Print G6800

[3] National Wage Case Decision, Full Bench, 12 August 1988, Print H4000

[4] National Wage Case Decision, Full Bench, 30 October 1991, Print K0300

[5] Safety Net Adjustment and Review Decision, Full Bench, Australian Industrial Relations Commission, 21 September 1994, Print L5300, p.39

[6] Alternative estimates of casual density, with and without owner-managers of incorporated enterprises, 1988-2003, Iain Campbell & Robyn May, Centre for Applied Social Research, RMIT University, 2005

[7] National Wage Case Decision, Full Bench, 30 October 1991, Print K0300

[8] Agreement making in Australia under the Workplace Relations Act: 2002 and 2003, A report prepared by the Department of Employment and Workplace Relations and the Office of the Employment Advocate, 2004, pp.1-2

[9] The statistics referred to in these paragraphs are drawn from the Australian Bureau of Statistics, Employee earnings and hours, publication 6306, May 2004, p.6,7.

[10] Australian Bureau of Statistics, Employee earnings and hours, publication 6306, May 2004

[11] Hon John Kobelke, MP, Committee Hansard, Perth, 25 October 2005, p.81

[12] Office of the Employment Advocate, Submission 19, pp.3, 13

[13] Professor David Peetz, Submission 33, p.5

[14] ibid.

[15] Professor Bradon Ellem, Committee Hansard, Sydney, 26 September 2005, p.25

[16] ibid., p.31. See also Dr Kristen van Barneveld, Submission 6, p.46

[17] Australian Bureau of Statistics, Employee earnings and hours, publication 6306, May 2004, p.50

[18] Professor David Peetz, Submission 33, p.50. It draws on Todd and Eveline, Report on the Review of the Gender Pay Gap in Western Australia, University of Western Australia, 2004.

[19] Office of the Employment Advocate, Submission 19, pp.14-22, drawing on research conducted by ACIRRT.

[20] Professor David Peetz, Submission 33, p.8

[21] Government of Western Australia, Submission 48, p.8

[22] Ms Janine Freeman, UnionsWA, Committee Hansard, Perth, 25 October 2005, p.72

[23] Department of Employment and Workplace Relations, Agreement making in Australia under the Workplace Relations Act 2002-2003, 2004, p.25. This data pertains to federally registered certified agreements.

[24] Australian Council of Trade Unions, Submission 22, p.2

[25] Australian Bureau of Statistics, Employee earnings and hours, May 2004, p.29

[26] Australian Bureau of Statistics, Employee Earnings and Hours, publication 6306, May 2004, p.20

[27] Professor Bradon Ellem, Committee Hansard, Sydney, 26 September 2005, p.32

[28] Senate EWRE Committee, Beyond Cole: the future of the construction industry, June 2004, pp.105-07

[29] Tim Colebatch, 'Howard's high stakes IR gamble', Age, 18 October 2005, p.13

[30] Professor Bradon Ellem, Committee Hansard, Sydney, 26 September 2005, p.29

[31] Professor Andrew Stewart, Committee Hansard, Melbourne, 29 September 2005, p.2

[32] ACCI, Submission 10, pp.6-7

[33] WorkChoices: A New Industrial Relations System, Australian Government, 2005

[34] Dr Chris Briggs, Submission 47, p.4

[35] Margaret Lee, 'Crafting Remedies for Bad Faith Bargaining, Coercion and Duress: "Relative Ethical Flexibility" in the Twenty-first Century', Australian Journal of Labour Law, vol. 18, 2005, pp.26-52

[36] Dr Chris Briggs, Submission 47, p.4

[37] Centre for Employment and Labour Relations Law, Submission to the Minister for Employment and Workplace Relations, the Honourable Kevin Andrews, MP concerning A Ministerial review of the Workplace Relations Act 1996, December 2004, p.27 (emphasis in original)

[38] Professor Bradon Ellem, Submission 32; Ross Gittins, 'The changing shape of workplace muscle', Sydney Morning Herald, 12 October 2005, p.17

[39] Professor Andrew Stewart, Submission 12, pp.1-2

[40] Professor Bradon Ellem, Committee Hansard, Sydney, 26 September, p.20

[41] Four Corners, Monday 26 September 2005, Brave new workplace: investigation into proposed industrial relations reforms, transcript, p.8

[42] ACTU, Submission 22, p.2

[43] Ms Sharan Burrow, ACTU, Committee Hansard, Sydney, 26 September, p.48

[44] Greg Combet and Andrew Robb, 'Haggle scrabble spells toil and trouble', Australian Financial Review, 24 September 2005, p.63

[45] Ross Gittins, 'Amended wage plan fails to meet rationalist's criticisms', Sydney Morning Herald, 10 October 2005, p.19

[46] Mark Wooden, Australia's Industrial Relations Reform Agenda, 34^th Conference of Economists, 26-28 September 2005, University of Melbourne, p.16

[47] Hon John Kobelke, MP, Committee Hansard, Perth, 25 October 2005, p.79

[48] Dr Kristin van Barneveld, Committee Hansard, Sydney, 26 September, p.33

[49] Ross Gittins, 'The changing shape of workplace muscle', Sydney Morning Herald, 12 October 2005, p.17

[50] Mr John Ryan, SDA, Committee Hansard, Melbourne, 29 September 2005, p.49

[51] Mark Bray and Peter Waring, 'The Rise of Managerial Prerogative under the Howard Government', Employment Studies Centre, University of Newcastle, Submission 32

[52] Agreement making in Australia under the Workplace Relations Act: 2002 and 2003, A report prepared by the Department of Employment and Workplace Relations and the Office of the Employment Advocate, 2004, p.5

[53] Professor Bradon Ellem, Submission 32, p.1

[54] Mr Richard Mitchell and Mr Joel Fetter, Submission 43, attachment 1

[55] David Peetz, Individual Contracts, Collective Bargaining, Wages and Power, Centre for Economic Policy Research, Discussion Paper No.437, September 2001

[56] Professor Bradon Ellem, Committee Hansard, Sydney, 26 September, pp.26-27

[57] John Buchanan, 'Workchoices: a hostile takeover', Sydney Morning Herald, 11 October 2005, p.13

[58] Mr Linton Duffin, Transport Workers Union of Australia, Committee Hansard, Melbourne, 29 September 2005, p.15

[59] Mr Ross Franks, Committee Hansard, Sydney, 26 September 2005, p.83

[60] Dr Kristin van Barneveld, Committee Hansard, Sydney, 26 September 2005, p.42

[61] Mark Bray and Peter Waring, 'The Rise of Managerial Prerogative under the Howard Government', Employment Studies Centre, University of Newcastle, Submission 32, p.10

[62] Office of the Employment Advocate, Submission 19, p.33. See also Agreement Making in Australia under the Workplace Relations Act: 2002 and 2003, prepared by the Department of Employment and Workplace Relations and the Office of the Employment Advocate, 2004, p.xviii where it is claimed that during 2002-03: 'AWA employees in both the public and private sectors earned more than employees covered by CAs in those sectors', and 'AWA employees in the private sector earned an average 23 per cent more than CA employees'.

[63] Professor David Peetz, 'Lies, AWAs and Statistics', Workers Online, June 2005, p.2

[64] Professor David Peetz, Submission 33, pp.13-14

[65] Professor Bradon Ellem, Committee Hansard, Sydney, 26 September, p.29

[66] Professor David Peetz, Submission 33, pp.11

[67] ibid., p.15

[68] ibid., p.17

[69] ibid., p.12

[70] Job Watch Inc, Submission 53, p.11

[71] Dr Kristen van Barneveld, Submission 42, p.6

[72] ibid., p.16

[73] Lyndy McIntyre, The Failed New Zealand IR Experiment – Lessons for Australia, May 2005; Peter Conway, Deregulation in New Zealand, New Zealand Council of Trade Unions, undated

[74] Ian MacFarlane, Minister for Industry, Tourism and Resources, 2GB Alan Jones, 16 August 2005

[75] Government of Western Australian, Submission 48, p.21

[76] UnionsWA, Submission 58, pp.1-4

[77] Understanding Individual Contracts of Employment: An exploratory study of how 25 workplace agreements compare with relevant award entitlements, ACIRRT, University of Sydney, February 1996; An Exploratory Study of Western Australia s30 Workplace Agreements: Emerging Trends, ACIRRT, University of Sydney, October 1999

[78] Understanding Individual Contracts of Employment: An exploratory study of how 25 workplace agreements compare with relevant award entitlements, ACIRRT, University of Sydney, February 1996, p.13

[79] A comparison of employment conditions in individual Workplace Agreements and Awards in Western Australia, produced for Commissioner of Workplace Agreements, ACIRRT, University of Sydney, February 2002

[80] ibid., p.64

[81] ibid.

[82] Helen Creed, A Decade of Experience: Life Under WA Workplace Agreements, LHMU, July 2005

[83] ibid., p.26

[84] Government of Western Australian, Submission 48, p.10

[85] Dr Trish Todd and Dr Joan Eveline, School of Economics and Commerce, The University of Western Australia, November 2004

[86] Chris Briggs, Rae Cooper and Bradon Ellem, 'Undermining the Right to Collective Bargain', Submission 32, p.3

[87] Ms Sharan Burrow, Committee Hansard, Sydney, 26 September, p.49

[88] Job Watch Inc, Submission 53, p.8

[89] Ms Jamin Smith, Submission 11; Ms Thea Birch Fitch, Submission 13

[90] Mr Stephen Smith, AiG, Committee Hansard, Sydney, 26 September, p.11

[91] Professor Andrew Stewart, Committee Hansard, Melbourne, Thursday 29 September 2005, p.8

[92] ibid., p.8-9

[93] Dr Kristin van Barneveld, Committee Hansard, Sydney, 26 September 2005, p.41

[94] ACTU, Submission 22, p.16

[95] Chris Briggs, Lockout Law in Australia: Into the Mainstream?, ACIRRT, University of Sydney, 2004

[96] ACTU, Submission 22, p.17

[97] Office of the Employment Advocate, Submission 19, p.3

[98] Professor Andrew Stewart, Submission 12, pp.4-5

[99] David Peetz and Mark Mourell, 'Working to curtail rights', Courier Mail, 14 April 2005, p.17

[100] Government of Western Australia, Submission 48, p.10

[101] Professor Andrew Stewart, Committee Hansard, Melbourne, 29 September 2005, p.6 (emphasis in original)

[102] ibid., p.3

[103] Government of Western Australia, Submission 48, p.10

[104] ibid., p.11

[105] Mr John Ryan, SDA, Committee Hansard, Melbourne, 29 September 2005, pp.44-45

[106] Mr Peter McIlwain, Employment Advocate, Committee Hansard, Sydney, 26 September 2005, p.106

[107] Enterprise Initiatives, Submission 50, attachment 1

[108] ibid., attachment 2

[109] ibid., p.1

[110] Hon John Howard MP, Workplace Relations Reform, House of Representatives, Hansard, 26 May 2005, pp.38-43

[111] WorkChoices: A New Industrial Relations System, Australian Government, 2005, p.22

[112] David Peetz, 'Coming Soon to a Workplace Near You – the New Industrial Relations Revolution', Australian Bulletin of Labour, vol.31, no.2, 2005, pp.94-97

[113] Judith Brett, Relaxed and Comfortable: the Liberal Party's Australia, Quarterly Essay 19, 2005, pp.41-42

[114] Four Corners, Monday 26 September 2005, Brave new workplace: investigation into proposed industrial relations reforms, transcript, p.12

[115] Kenneth Davidson, 'IR changes put profit before productivity', Age, 13 October 2005, p.15

[116] David Peetz, 'Reform isn't working', Courier Mail, 4 July 2005, p.9

[117] Western Australian Government, Submission 48, pp.20-21

[118] Professor David Peetz, Submission 33

[119] Mike Stekette, 'The wages gap is about to get a whole lot wider', Australian, 13 October 2005, p.12

[120] Four Corners, Monday 26 September 2005, Brave new workplace: investigation into proposed industrial relations reforms, transcript, pp.3-4

[121] Business Council of Australia, Submission 25, p. 6

[122] Mr Scott Barklamb, correspondence and additional information, 19 October 2005

[123] http://www.oea.gov.au/graphics.asp?showdoc=/employers/ambassadors.asp&SubMenu=4

[124] Four Corners, Monday 26 September 2005, Brave new workplace: investigation into proposed industrial relations reforms, transcript, p.10

[125] Professor David Peetz, Submission 33, p.20

[126] Multi-factor productivity refers to all inputs into the production process, such as machinery and computer equipment as well as person-hours of labour. A thorough measure of multifactor productivity includes the amount of input divided by all the inputs.

[127] David Peetz, 'Reform isn't working', Courier Mail, 4 July 2005, p.9

[128] Professor David Peetz, Submission 33, p.20

[129] Professor David Peetz, Submission 33, p.23

[130] ibid., pp.23-25

[131] ibid., p.21

[132] ibid., p.25

[133] Four Corners, Monday 26 September 2005, Brave new workplace: investigation into proposed industrial relations reforms, transcript, p.11

[134] Professor Bradon Ellem, Submission 32, p.3

[135] 'PM's bid for voters' trust: Explaining workplace reform', editorial, Sydney Morning Herald, 10 October 2005, p.10

[136] Mr Doug Cameron, Australian Manufacturing Workers Union, Committee Hansard, Monday, 26 September 2005, p.77

[137] Ross Gittins, 'More slant than substance in jobs reform ideology', Sydney Morning Herald, 8 October 2005, p.42

[138] John Buchanan, Workchoices: a hostile takeover', Sydney Morning Herald, 11 October 2005, p.13

[139] Kenneth Davidson, 'IR changes put profit before productivity', Age, 13 October 2005, p.15

[140] Professor David Peetz, Submission 33, p.29

[141] Professor Bradon Ellem, Committee Hansard, Sydney, 26 September 2005, p.32

[142] ibid., p.28

[143] Professor Richard Mitchell, Committee Hansard, Melbourne, 29 September 2005, p.32

[144] Professor Andrew Stewart, Committee Hansard, Melbourne, 29 September 2005, p.11

[145] Professor David Peetz, Submission 33, p.28

[146] Professor Bradon Ellem, Submission 32, p.4

[147] Ron Callus and John Buchanan, 'What the Government should do to solve the problems of the labour market', Sydney Morning Herald, 20 October 2005, p.17

[148] John Buchanan, 'Workchoices: a hostile takeover', Sydney Morning Herald, 11 October 2005, p.13

[149] Professor Andrew Stewart, Submission 12, p.3; Professor Richard Mitchell, Committee Hansard, Melbourne, 29 September 2005, p.36

[150] Ross Gittins, 'The changing shape of workplace muscle', Sydney Morning Herald, 12 October 2005, p.17

[151] Ms Sharan Burrow, ACTU, Committee Hansard, Sydney, 26 September 2005, p.57

[152] Professor Andrew Stewart, Submission 12, p.3

[153] Mike Stekette, 'The wages gap is about to get a whole lot wider', Australian, 13 October 2005, p.12

[154] Ross Gittins, 'An efficient ride up the garden path', Sydney Morning Herald, 19 October 2005, p.11

[155] Independent Education Union of Australia, Submission 1, p.11

[156] WorkChoices: A New Workplace Relations System, Australian Government, 2005, p.64

[157] OEA, Submission 19, pp.32, 33

[158] OEA, Submission 19, p.33

[159] ACTU, Submission 22, p.46

[160] Dr Gillian Whitehouse, Australian Workplace Agreements and Work/Family provisions, Paper for presentation at ACIRRT/OEA Conference, University of Sydney, 7 September 2001. Accessed at http://www.oea.gov.au/graphics.asp?showdoc=/home/papers-whitehouse.asp on 18 October 2005, p.6

[161] Whitehouse, op cit, p.8

[162] Whitehouse, op cit, p.5

[163] Professor Bradon Ellem, Committee Hansard, Sydney, 26 September 2005, p.20

[164] Queensland Working Women's Service, Submission 31, pp.4, 5

[165] Marian Baird and Patricia Todd, Government Policy, Women, and the New Workplace Regime: A Contradiction in Terms and Policies, Submission 32

[166] Professor Bradon Ellem, Committee Hansard, Sydney, 26 September 2005, p.19

[167] OEA, Submission 19, p.33

[168] Mr Stephen Smith, Committee Hansard , Sydney, 26 September 2005, p.10

[169] See, for example, WorkChoices: A New Workplace Relations System, Australian Government, 2005, p.63

[170] Whitehouse, op cit, p.2

[171] Independent Education Union of Australia, Submission 1, p.11

[172] Australian Nursing Federation, Submission 2, p.6

[173] ibid.

[174] Western New South Wales Community Legal Centre, Submission 28, p.3

[175] Australian Bureau of Statistics, Employee earnings and hours, publication 6306, May 2004, p.4

[176] ibid., p.25

[177] Western Australian Government, Submission 48, p.14

[178] OEA, Submission 19, pp.36, 37. This data is underpinned by research conducted by the Australian Centre for Industrial Relations Research and Training (ACIRRT) from sample AWAs provided by the OEA in 2002-2003.

[179] Textile, Clothing and Footwear Union of Australia, Submission 24, p.20

[180] ACTU, Submission 22, pp.59-69. Other submissions on this issue included the Queensland Working Women's Service, Submission 31, Northern Rivers Community Legal Centre, Submission 30, and Transport Workers' Union, Submission 36.

[181] Australian Industry Group, Submission 1, p.4

[182] ibid., p.13

[183] ibid., p.12

[184] Mr Christopher Platt, Committee Hansard, 25 October 2005, p.55

[185] AiG, Submission 1, p.13

[186] Mr Stephen Smith, Committee Hansard, 26 September 2005, p.5

[187] International Monetary Fund, Report on Article IV Consultation with Australia, November 2004, p.157

[188] Mr Christopher Platt, Committee Hansard, 25 October 2005, pp.41-42

[189] DEWR and OEA, Agreement making in Australia under the Workplace Relations Act, 2000 and 2001, Canberra 2002, p.6

[190] ibid, p.8

[191] Mr Christopher Platt, Committee Hansard, 25 October 2005, p.42

[192] ACCI, Submission 10, para.29

[193] Mr Stephen Smith, Committee Hansard, 26 September 2005, p.10

[194] ibid., para.39 ff

[195] http://www.oea.gov.au/graphics.asp?showdoc=/employers/ambassador_banjobakehse.asp

[196] http://www.oea.gov.au/graphics.asp?showdoc=/employers/ambassador_cerebos.asp

[197] Mr Christopher Platt, Committee Hansard, 25 October 2005, p.51

[198] Mr Scott Barklamb, Committee Hansard, 29 September 2005, p.57

[199] ACCI, Submission 10, para 50

[200] Mr Scott Barklamb, Committee Hansard, 29 September 2005, p.78