Footnotes

[1] Unfair dismissal and small business employment, EWRE References committee, June 2005

[2] Hon. Kim Beazley MP, House of Representatives Hansard, 19 June 1996

[3] Hon. Kim Beazley MP, Doorstop Interview, 23 May 2005

[4] Hon. Stephen Smith MP, House of Representative Hansard, 17 October 1995

[5] Hon. Stephen Smith MP, Doorstop Interview, 23 May 2005

[6] This summary of previous reforms is based on Senate Employment, Workplace Relations and Education References Committee, Workplace Agreements, October 2005, pp 1-8

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

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

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

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

[11] Hon. Kim Beazley MP, Speech to Sustaining Prosperity Conference, 1 April 2005

[12] Commonwealth of Australia, Workplace Relations Amendment (Work Choices) Bill 2005 Explanatory Memorandum (hereafter Explanatory Memorandum), p. 4

[13] International Monetary Fund (IMF), Article IV Consultation with Australia – Staff Report and Public Information Notice on the Executive Board Discussion, 24 August 2005

[14] J. Webb, Industrial Relations and the Contract of Employment, Law Book Company, Sydney, 1974, p. 93

[15] Hon. Kevin Andrews MP, Second Reading Speech, House Hansard, 2 November 2005, p.12

[16] Australian Bureau of Statistics, Household Expenditure Survey 2003-2004, publication 6530, pp 1-5

[17] Department of Employment and Workplace Relations, Workplace Agreements Database 2004.

[18] For information on these studies see Commonwealth Submission, Safety Net Review – Wages, 18 February 2004, Chapter 4.

[19] Productivity Commission; "Productivity in Australia's Wholesale and Retail Trade", Productivity Commission Staff Research Paper October 2000 - A. Johnston, D. Porter, T. Cobbold and R. Dolomare, pages xii, 63-65, 86

[20] ABS Employee Earnings & Hours survey (Cat No 6306.0), May 2004

[21] Agreement Making in Australia under the Workplace Relations Act 1996: 2002-2003, p.100

[22] Agreement Making in Australia under the Workplace Relations Act 1996: 2002-2003, p.94

[23] This summary of the major reforms in the bill is reproduced from the Explanatory Memorandum, pp 1-2

[24] The Australian Industrial Registry was established under the Workplace Relations Act 1996 to act as the registry to and provide support to the Australian Industrial Relations Commission, and to provide advice and assistance to organisations in relation to their rights and obligations under the Act

[25] Apart from quoted sources, this chapter has been informed by a number of published sources, most notably Breaking the Gridlock: Towards a Simpler National Workplace Relations System, Commonwealth of Australia, October 2000, Discussion Papers 1-3, available at http://www.workplace.gov.au/NR/rdonlyres/48BB420E-C218-4676-B713-98C2C2030DA0/0/breakingthegridlock_casechangecase.pdf

[26] George Williams, Labour Law and the Constitution, The Federation Press, Sydney, 1998, p.43

[27] 'Roping in' involves an order being made by the Australian Industrial Relations Commission with the express purpose of extending the coverage of an existing award. A roping in award may be a mirror image of the original award, or may vary the original award by adding to the list of respondents

[28] Professor Andrew Stewart, 'Federal Labour Law and New Uses for the Corporations Power', in ACIRRT Working Paper Series, and in papers from Industrial Relations Forum Proceedings, Business Council of Australia, Melbourne, 17 October 2000, p.32

[29] Re Pacific Coal; Ex Parte CFMEU (2000) 203 CLR 346, [at 83]

[30] Electrolux Home Products Pty Ltd v Australian Workers' Union (2004) 209 [at 216]

[31] Breaking the Gridlock, op cit.

[32] See also Department of Employment and Workplace Relations, Submission 166, p.12

[33] At least one witness considered this a likely possibility. See, for example, Mr Peter Hendy, Committee Hansard, 15 November 2005, p.49

[34] Hon. Laurie Brereton, Minister for Industrial Relations, House Hansard, 28 October 1993, p.2777

[35] International Monetary Fund (IMF), IMF Survey, October 2005; IMF letter to the ACTU President Sharan Burrow, http://www.imf.org/external/np/vc/2005/102705.htm; Organisation for Economic Co-operation and Development (OECD), Policy Brief: Economic survey of Australia, 2004.

[36] OECD, Policy Brief: Economic survey of Australia, 2004, p. 2.

[37] Productivity Commission, Microeconomic Reforms and Australian Productivity: Exploring the Links, Volume 2: Case Studies, Research Paper, Ausinfo, 1999; Productivity in Australia’s Wholesale and Retail Trade, Productivity Commission Staff Research Paper, Ausinfo, 2000; T. Fry, K. Jarvies and J. Loundes, Are Pro Reformers Better performers?, Melbourne Institute Working Paper, No.18/02, September 2002; Y-P Tseng and M Wooden, Enterprise Bargaining and Productivity: Evidence from the Business Longitudinal Survey, Melbourne Institute Working Paper, No.8/01, July 2001; G Connolly, A Herd, K Chowdhury and S Kompo-Harms, Enterprise bargaining and other Determinants of Labour Productivity, Paper presented at the Australian Labour Market Workshop 2004, University of Western Australia, http//www.clmr/uwa.edu.au

[38] Australian Bureau of Statistics (ABS), Household Income and Income Distribution 2003-04, Australia, 2005; Australian Industry Group (AiG), Submission 172, p. 9.

[39] OECD, Policy Brief: Economic survey of Australia, 2004, pp 2-3.

[40] ABS, Australian System of National Accounts 2004-05, Cat. No. 5204.0.

[41] OECD, Economic survey of Australia, 2004, pp 2-3.

[42] Mr John Kovacic, Committee Hansard, 14 November 2005, p. 9

[43] ACCI, Submission 153, pp 7-21.

[44] Locking in or Losing Prosperity: Australia’s Choice, Business Council of Australia, August 2005

[45] Ms Heather Ridout, Committee Hansard, 14 November 2005, p. 43; DEWR, Submission 166, p. 6.

[46] Ms Heather Ridout, Committee Hansard, 14 November 2005, p. 44; AiG, Submission 172, p. 43

[47] OECD Economic Survey of Australia, February 2005

[48] AiG, Submission 172, p. 13; ACCI, Submission 153, p. 8.

[49] Mr Scott Barklamb, Committee Hansard, 15 November 2005, p. 40.

[50] Mr Peter Hendy, Committee Hansard, 15 November 2005, p.43

[51] Mrs Denita Wawn, Committee Hansard, 15 November 2005, pp. 27-28

[52] Mr Finn Pratt, Committee Hansard, 14 November 2005, p. 9.

[53] Mr John Kovacic, Group Manager, Workplace Relations Policy Group, Department of Employment and Workplace Relations (DEWR), Committee Hansard, 14 November 2005, p. 7.

[54] Mr Scott Barklamb, Committee Hansard, 15 November 2005, p. 39.

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

[56] EWRE Workplace Agreement report, October 2005, p.58

[57] Ms Cath Bowtell, Committee Hansard, 16 November 2005, p.16

[58] Mr James Smythe, Committee Hansard, 14 November 2005, p. 11.

[59] Mr Scott Lambert, Committee Hansard, 15 November 2005, pp 9-10.

[60] Department of Employment and Workplace Relations, Submission 166, p.16

[61] House of Representatives Hansard, 2 November 2005

[62] Bob Smith MLA, Victorian Parliament Hansard, 4 October 2005

[63] Tony Upton: This legislation is a direct threat to road safety in this country. (4BC Brisbane, 11am news, Monday, 7 November 2005)

[64] Committee Hansard, 14 November 2005, pp.33-34

[65] Sunday program, 29 May 2005

[66] Committee Hansard, 18 November 2005, p.21

[67] Committee Hansard, 18 November 2005, p.18

[68] Mr James Smythe, Committee Hansard, 18 November 2005, p.21

[69] Senate Employment, Workplace Relations and Education Committee, 16 November 2005 – emphasis added

[70] Dr Jill Murray, Submission 65, p.8

[71] Australian Chamber of Commerce and Industry, Submission 153, p.22

[72] 151 Australian industrial relations, labour market and legal academics, Submission 175, p.4

[73] Misha Schubert, 'PR blitz blunder is pulp fiction, scoffs labour', Age, 8 November 2005, p.3

[74] Mr John Kovacic, Estimates Hansard, 3 November 2005, p.66, Employment, Workplace Relations and Education Legislation Committee

[75] Ms Anna Chapman, Melbourne Law School, Submission 78, p.4

[76] 151 Australian industrial relations, labour market and legal academics, Submission 175, p. 11

[77] 'Dismissal for Operation Reasons', Media release KA335/05, 3 November 2005 (emphasis in original)

[78] 151 Australian industrial relations, labour market and legal academics, Submission 175, p.11

[79] Committee Hansard, 17 November 2005, pp.44-45

[80] ibid., pp.50-52

[81] Mr Linton Duffin, Committee Hansard, 17 November 2005, p.33

[82] Australian Council of Trade Unions, Submission 171

[83] The Federal Government's Industrial Relations Changes: Report Card on the Proposed Changes, June 2005

[84] R. Mitchell and J. Fetter, Human Resource Management and individualisation in Australian Labour Law, Journal of Industrial Relations, vol.45, 2003

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

[86] Mr Rod Masson, Communications Manager, FSU, Committee Hansard, 15 November 2005, pp.60-62

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

[88] Brad Norington, 'Yawning gap between rhetoric and reality', Australian, 3 November 2005, p.5

[89] Alan Wood, 'IR bill isn't ideal, but its going to work', Australian, 2 November 2005, p.12

[90] Professor Andrew Stewart, Submission 174, p.12

[91] 151 Australian industrial relations, labour market and legal academics, Submission 175, p.7

[92] Committee Hansard, 18 November 2005, p.59

[93] Australian Council of Trade Unions, Submission 171, pp.1-2

[94] Ms Kathryn Fawcett, Committee Hansard, 16 November 2005, p.74

[95] Textile, Clothing and Footwear Union of Australia, Submission 88, p.5

[96] Human Rights and Equal Opportunity Commission, Submission 164, p.8

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

[98] Professor David Peetz, Is Individual Contracting More Productive?, August 2005, p.3

[99] 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.

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

[101] Australian Manufacturing Workers' Union, Submission 84, p.14

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

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

[104] Employment, Workplace Relations and Education References Committee, Workplace Agreements, October 2005, p.48

[105] 151 Australian industrial relations, labour market and legal academics, Submission 175, p.19 (emphasis in original)

[106] ibid., p.21

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

[108] Professor David Peetz, Committee Hansard, 17 November 2005, p.46

[109] 151 Australian industrial relations, labour market and legal academics, Submission 175, p.19

[110] Ross Gittins, 'Howard's WorkChoices isn't as bad as all that', Sydney Morning Herald, 24 October 2005, p.19

[111] Ms Louise McDonough, Assistant Secretary, DEWR, Committee Hansard, 14 November 2005, p.5

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

[113] Professor David Peetz, Committee Hansard, 17 November 2005, p.51

[114] Australian Council of Trade Unions, Submission 171, p.9

[115] Mr Joseph de Bruyn, Committee Hansard, 16 November 2005, pp.21-22

[116] ACIRRT paper entitled 'Real earnings trends by income distribution'

[117] Mr Mark Crosdale, Committee Hansard, 17 November 2005, p.29

[118] Mr Antony Steven, COSBOA, Committee Hansard, 16 November 2005, p.59

[119] Mr Joseph de Bruyn, Committee Hansard, 16 November 2005, p.22

[120] Dr Jill Murray, Submission 65, p.1

[121] ibid.

[122] Dr Barbara Pocock, The Impact of The Workplace Relations Amendment (Work Choices) Bill 2005 (or "Work Choices") on Australian Working Families, November 2005

[123] Human Rights and Equal Opportunity Commission, Submission 164

[124] 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

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

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

[127] Joint Governments, Submission 160; Victorian Government, Submission 136

[128] Federal IR reforms: The Shape of Things to Come, ACIRRT, University of Sydney, November 2005, pp. 23-41

[129] Victorian Government, Submission 136, p.8

[130] ibid., p.9

[131] Hon Rob Hulls MLA, Committee Hansard, 14 November 2005, p.22

[132] Victorian Government, Submission 136, p.6

[133] Mr Anthony McRae, Committee Hansard, 14 November 2005, p.25

[134] 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

[135] 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

[136] 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

[137] ibid., p.64

[138] ibid.

[139] 150 Australian industrial relations, labour market and legal academics, Submission 175, p.19

[140] Mr Andrew Cassidy, FinSec, Committee Hansard, 15 November 2005, p.68

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

[142] Department of Employment and Workplace Relations, Submission 166, p.6

[143] Australian Council of Trade Unions, Submission 171, pp.3-5

[144] Centre for Employment and Labour Relations Law, Submission 96, p.4

[145] Joint Governments, Submission 160, p.5

[146] Professor Andrew Stewart, Submission 174

[147] ibid.

[148] Hon John Dell Bosca, MLC, Committee Hansard, 14 November 2005, p.18

[149] Hon Thomas Barton MLA, Committee Hansard, 14 November 2005, p.20

[150] Australian Council of Trade Unions, Submission 171, p.16

[151] 151 Australian industrial relations, labour market and legal academics, Submission 175, pp.4-5

[152] Australian Council of Trade Unions, Submission 171, pp.20-23; Centre for Employment and Labour Relations Law, Submission 96, pp.11-12

[153] Reverend Dr Rodney Drayton, Committee Hansard, 14 November 2005, p.78

[154] Reverend Dr Ann Wansbrough, Committee Hansard, 14 November 2005, p.79

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

[156] Ethnic Communities' Council of NSW Inc., Submission 24, p.1

[157] 151 Australian industrial relations, labour market and legal academics, Submission 175, p.8

[158] ibid., p.19

[159] Mr Blair Trewin, Submission 19, p.2

[160] Australian Council of Trade Unions, Submission 171

[161] Mr Linton Duffin, Transport Workers Union, Committee Hansard, 17 November 2005, p.28

[162] Ms Sharan Burrow, Committee Hansard, 16 November 2005, p.9

[163] Greg Combet, 'Under IR you like it, or lump it', Herald Sun, 7 November 2005, p.23

[164] Employment, Workplace Relations and Education References Committee, Workplace Agreements, October 2005, p.20

[165] Mr Pratt, Committee Hansard, 18 November 2005, p.54

[166] Dr Jill Murray, Submission 65, p.8

[167] Professor Stewart, Committee Hansard, 17 November 2005, pp.39-40

[168] See for instance the Australian Democrats’ Supplementary Remarks to the Joint Standing Committee on Electoral Matters Report of the Inquiry into the Conduct of the 2004 Federal Election and Matters Related Thereto: September 2005.

[169] 151 Australian industrial relations academics, Submission 175, pp.6-7

[170] Further information on why the Democrats support a national unitary system can be found at http://www.democrats.org.au/docs/2004/WORKPLACE_RELATIONS_A_Unitary_System_of_Industrial_Relations.pdf

[171] See Australian Democrats Minority Report, Beyond Cole: The future of the construction industry: confrontation or co-operation?, Employment, Workplace Relations and Education References Committee, June, 2004, pp.203-66

[172] A large number of agreements are individual agreements, with 31.2 per cent of all forms of agreement making being unregistered individual agreements and 2.4 per cent being registered individual agreements (AWAs).

[173] See Senator Andrew Murray, ‘Tax-Free Thresholds – a tax issue we must confront’, Opinion Piece, October 2005: http://www.andrewmurray.org.au/documents/441/Tax-free%20thrshlds%200905.doc

[174] See Senator Andrew Murray, ‘Federal Unfair Dismissals: A Briefing Paper’, September 2004: http://www.andrewmurray.org.au/documents/403/UFD%20Briefing%20Note%20Sept%202004.pdf

[175] Dr Cooney, Committee Hansard, 18 November 2005, p.8

[176] 151 Australian industrial relations academics, Submission 175, p.7

[177] Professor Peetz, Committee Hansard, 17 November 2005, p.46

[178] 151 Australian industrial relations academics, Submission 175, p.22

[179] Victorian Government, Submission 136

[180] 151 Australian industrial relations academics, Submission 175, p.24

[181] Australian Catholic Commission for Employment Relations, Submission 110, p.4

[182] Professor Andrew Stewart, Submission 174, pp.2-5

[183] Professor Stewart, Submission 174, pp.2-3

[184] Mr Hart, Committee Hansard, 15 November 2005, p.7

[185] NFF, Answer to Question on Notice, 15 November 2005

[186] NFF, Answer to Question on Notice, 15 November 2005

[187] ACTU, Submission 171, p.15

[188] ibid., p.15

[189] Ms Goward, Committee Hansard, 17 November 2005, p.17

[190] Australian Catholic Commission for Employment Relations, Submission 110, p.4

[191] HREOC, Submission 164, p.4

[192] AFDO, Submission 39, pp.5-6

[193] 151 Australian industrial relations academics, Submission 175, p.9

[194] 31.2 per cent of all forms of agreement making being unregistered individual agreements and 2.4 per cent being registered individual agreements (AWAs)

[195] Committee Hansard, 18 November 2005, pp.31-32

[196] ACTU, Submission 171, p.53

[197] Professor Stewart, Submission 174, p.5

[198] Professor Stewart, Committee Hansard, 17 November 2005, p.49

[199] 151 Australian industrial relations academics, Submission 175, pp.13-14

[200] Professor Stewart, Submission 174, p.5

[201] 151 Australian industrial relations academics, Submission 175, p.14

[202] ACTU, Submission 171, p.7.

[203] 151 Australian industrial relations academics, Submission 175, p.15

[204] Committee Hansard, 17 November 2005, pp.44-45

[205] AFDO, Submission 39, p.4.

[206] For further evidence please see the Democrats initiated Senate Committee report on unfair dismissal. https://www.aph.gov.au/Senate/committee/eet_ctte/unfair_dismissal/report/report.pdf

[207] 151 Australian industrial relations academics, Submission 175, p.8

[208] As I read this provision, the effect of this will enable any business to engage in a corporate restructuring exercise. I am not suggesting that all employers will be doing this or even many employers, but some will certainly be advised to think about this. Businesses will be able to restructure their arrangements, regardless of what awards or agreements they currently have in place, set up a greenfields agreement for a new project or a new undertaking and therefore clear the way entirely of any previous award or agreement conditions (Professor Andrew Stewart, Committee Hansard, 17 November 2005, p. 54.

[209] Ms Pru Goward, Committee Hansard, 17 November 2005, p.14

[210] ibid., p.16

[211] Dr Jull Murray, Submission 65, p.1

[212] 151 Australian industrial relations academics, Submission 175, p.14

[213] HREOC, Submission 164, p.13

[214] Victorian Government, Submission 136

[215] HREOC, Submission 164, p.5

[216] ibid., p.10

[217] HREOC, Submission 164, pp.3-4

[218] Ms Goward, Committee Hansard, 17 November 2005, p.14

[219] ibid., p.16

[220] ibid., p.24

[221] Ms Burrows, Committee Hansard, 16 November 2005, p.9

[222] Dr Cooney, Committee Hansard, 18 November 2005, pp. 10-11

[223] Mr Shorten, Committee Hansard, 17 November 2005, pp.11-12

[224] Redfern Legal Centre, Submission 75

[225] Compiled by the Parliamentary Research Service, Parliamentary Library, April 2005