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The great regression: how unions and the Government have changed the rules from accord to central control

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Industrial relations Trade unions Policy analysis Employment Law Law reform Australia
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Description

Australia’s industrial relations system has undergone a historic reversal. The Australian Government has introduced a series of industrial relations (IR) laws that in large part mark a deliberate and systematic shift away from the enterprise-level bargaining model. This report details how the IR laws are reshaping Australia’s industrial landscape and radically regressing from the workplace reforms of the Hawke and Keating government era. The report also outlines what’s likely to come next. Among the most significant proposals is the national expansion of union-run portable leave schemes.

The policy changes documented in this report extend beyond isolated amendments and represent a turning point in Australian industrial relations. The result is a power shift away from enterprises and workers and back towards centralised control. Changes enacted by the Government to Australia’s IR framework since 2022 include:

  • reinstating industry-wide ‘bargaining’ across large sectors of the economy
  • abolishing the Australian Building and Construction Commission and the Registered Organisations Commission
  • tightening regulations around casual employment and labour hire
  • expanding union right of entry powers and regulatory burdens on employers
  • expansive union control over the transport and gig economy sectors.

Key findings

  • The reform process that began in the 1980s and once led towards decentralisation and productivity has been reversed back towards regulation and control.
  • The reforms are not grounded in productivity or growth objectives.
  • Union membership has continued to decline, down to 12.5% of the workforce (and less than 8% in the private sector), and yet, union influence has grown.
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