What kind of labour law or industrial relations system should replace WorkChoices? This might seem an odd question – after all, the new legislation has only been in operation for a little over six months. But the WorkChoices Act is widely considered to be a partisan piece of legislation – one that provides too much scope for the untrammeled exercise of managerial power. It is also heavily oriented towards conflict – especially in the bargaining sphere, where the statute sets up a complex, legalistic process for parties to engage in “industrial warfare,” without any effective mechanism for dispute resolution.

The author suggests the central concept underpinning any new industrial relations system should be that of “social partnership" and briefly outlines the key elements of a system based on that concept.