The implications of de‐collectivist industrial relations laws and associated developments for worker health and safety in Australia, 1996–2007

The institutional and regulatory interlinkages between industrial relations (IR) and occupational health and safety (OHS) are seldom explored in the IR literature. This article begins to address this gap by examining regulatory initiatives in Australia during a period of neoliberal government. It examines the laws enacted by the federal government during this period and events and cases arising from these laws that go some way to illustrating their effects. Evidence is also drawn from detailed research on a number of state OHS inspectorates between 2004 and 2006. It is argued that de-collectivist changes to IR laws exacerbated problems posed by the growth of flexible work arrangements and a drop in union density, weakening participatory provisions in OHS laws and promoting work arrangements that undermined OHS standards. The study provides evidence of the implications of a divergence in the trajectory of IR and OHS laws and the importance of better integrating worker protection laws.

WorkChoices, ImageChoices and the marketing of new industrial relations legislation

This article takes a critical discourse approach to one aspect of the Australian WorkChoices industrial relations legislation: the government’s major advertisement published in national newspapers in late 2005 and released simultaneously as a 16-page booklet. This strategic move was the initial stage of one of the largest ‘information’ campaigns ever mounted by an Australian government, costing more than $AUD137 million. This article analyse the semiotic (visual and graphic) elements of the advertisement to uncover what these elements contribute to the message, particularly through their construction of both an image of the legislation and a portrayal of the Australian worker. We argue for the need to fuse approaches from critical discourse studies and social semiotics to deepen understanding of industrial relations phenomena such as the ‘hard sell’ to win the hearts and minds of citizens regarding unpopular new legislation.

Revisiting Industrial Relations

In 1999 I convened Industrial Relations, the annual ADSA Conference hosted by QUT in Brisbane. This event was promoted as ‘a conference exploring the links between theatre scholarship and professional theatre practice’. As well as academics, there was to be substantial representation by ‘industry professionals’, although interest from the latter category turned out to be modest. One day of the conference was designated a special ‘Links with Industry’ day, during which the Association launched its now defunct ADSAIL (ADSA Industry Links) initiative. Keynote speaker Wesley Enoch commented on ‘the very strong resistance in “the industry” to acknowledging any role of academics’. ‘What is the practical role of having them?’ he asked the ‘them’ gathered before him. In a letter declining our invitation to speak (he later changed his mind), David Williamson remarked that he always felt ‘uneasy at such conferences’: My view of my work is that I’ve successfully filled theatres for 30 years now, something dramatists are supposed to do. I suppose there’s part of me that hopes this will be celebrated. It often is, but rarely in academic drama departments …. Perhaps in fifty years time someone in academe will realise that I wasn’t just reinforcing the attitudes of the Anglo Celtic ruling class. Several years on it seems timely to revisit Industrial Relations; to look again at the extent to which problems of intercultural communication between industry and academy are being addressed. And what are the implications of this for the ADSA History project, which seeks to investigate ADSA’s contribution to the development of theatre / performance studies in Australasia? What are the ‘external’ impacts of ADSA’s ongoing conference enterprise, and how might these be measured? Reflections from delegates on these and other questions will be warmly encouraged.

Industrial Relations: Proceedings from the 1999 Australasian Drama Studies Association Conference

These papers were presented at “Industrial Relations”, the Australasian Drama Studies Association conference hosted by Theatre & Teaching Studies in the Academy of the Arts, Queensland University of Technology, from the 5th to the 9th of July, 1999. Conference delegates included scholars and artists from across the tertiary education and professional theatre sectors, including, of course, many individuals who work across and between both those worlds. More than a hundred delegates from Australia, New Zealand, England, Belgium and Canada attended the week’s events, which included: • Over sixty conference papers covering a variety of topics from project reports to academy/industry partnerships, theatre history, audience reception studies, health & safety, cultural policy, performance theory, theatre technology and more; • Performances ranging from drama to dance, music and cabaret; • Workshops, panel discussions, forums and interviews; • Keynote addresses from Wesley Enoch, Josette Feral and Keith Johnstone; and • A special “Links with Industry” day, which included the launch of ADSA’s “Links with Industry” brochure, an interview between Mark Radvan and David Williamson, and a panel session featuring Jules Holledge, Zane Trow, Katharine Brisbane, John Kotzas, Gay McAuley and David Watt.

Achieving a responsive industrial relations environment for construction industry workers – a project alliancing case study

This paper outlines how the project agreement operating on the Australian National Museum project in Canberra, Australia facilitated a responsible and responsive workplace environment for construction workers. A project alliancing approach was adopted and designed to encourage industrial relations innovation in the workplace. The trigger for this approach was the perceived success of the alliancing working arrangements between key project delivery teams and a desire to extend this arrangement to subcontractors, suppliers and the workforce. Changes in the Australian workplace relations environment and introduction of a national code of practice for the Australian construction industry provided impetus for reaching a new type of workplace agreement. The workplace culture and characteristics of relationships formed between workers and management on that site shaped the agreed terms and conditions of work. It also spurred the pursuit of innovative approaches to project delivery from a technology, management and workplace culture perspective.

Employer evasion of worker entitlements 1986-95 : what and whose?

Employer non-compliance with workers’ entitlements is an area seldom explored in Australian industrial relations, generally considered uncommon or the province of ‘rogue’ employers. This paper provides a picture of the categories of entitlements against which complaints of evasion were made in the federal industrial relations jurisdiction in Australia, between 1986 and 1995 and the characteristics of complainants. The “top 30” awards ranked by extent of underpayment recovered by the federal enforcement agency (1987-95) are also explored to support arguments that intense competition, reduced union density, precarious employment, youth and being female are strongly associated with employer evasion. The increasing prevalence of these factors in the labour market suggests that employer compliance should be more carefully explored in the Australian context.

Employer evasion of workers’ entitlements 1968 – 1995: why, what and whose?

Employer non-compliance with workers’ entitlements has been largely ignored in Australian industrial relations. The legal and regulatory literature however, identifies arguments relating to employer propensity to evade regulatory requirements, as well as highlighting environmental factors that may influence such behaviour. This article explores these issues in the Australian federal industrial relations jurisdiction, as well as providing a picture of employer evasion of minimum labour standards between 1986 and 1995: who is exploited and in respect of what entitlements. Industry contexts and common characteristics of non-compliance are outlined by exploration of 30 awards ranked by the extent of underpayments recovered by the federal inspectorate during the period. Employer evasion of workers’ entitlements is arguably a calculated business decision, prompted or facilitated by intense competition, precarious employment (particularly female and youth), non-unionized workplaces and under-resourced enforcement agencies.

Does institutional location protect from political influence? the case of a minimum labour standards enforcement agency in Australia

Among the many factors that influence enforcement agencies, this article examines the role of the institutional location (and independence) of agencies, and an incumbent government's ideology. It is argued that institutional location affects the level of political influence on the agency's operations, while government ideology affects its willingness to resource enforcement agencies and approve regulatory activities. Evidence from the agency regulating minimum labour standards in the Australian federal industrial relations jurisdiction (currently the Fair Work Ombudsman) highlights two divergences from the regulatory enforcement literature generally. First, notions of independence from political interference offered by institutional location are more illusory than real and, second, political need motivates political action to a greater extent than political ideology.

Minimum labour standards enforcement in Australia : caught in the crossfire?

The complex transition from convict to free labour influenced state intervention in the employment relationship, and initiated the first minimum labour standards in Australia in 1828. Since then, two principal sets of tensions have affected the enforcement of such standards: tensions between government and employers, and tensions between the major political parties over industrial and economic issues. This article argues that these tensions have resulted in a sustained legacy affecting minimum labour standards’ enforcement in Australia. The article outlines broad historical developments and contexts of minimum labour standards’ enforcement in Australia since 1828, with more contemporary exploration focusing specifically on enforcement practices and policies in the Australian federal industrial relations jurisdiction. Current enforcement practices are an outcome of this volatile history, and past influences remain strong.

Employment Relations in Australia, 2nd Edition

The relationship between employers and employees has been one of the most hotly debated issues in Australia in recent times. Recent legislation such as the Workplace Relations Amendment (Work Choices) Act 2005 and the subsequent Fair Work Act 2009 provides stark evidence of this. The impact of these significant developments is explored and analysed in detail in the new edition of this popular text, complete with a balanced coverage of the often contrasting viewpoints of all stakeholders - from governments, unions and employer associations, through to individual employers and employees. The text outlines different approaches to understanding the nature of the employment relationship, with a contextual background as to how this relationship has changed and developed throughout our nation's history.

New Commonwealth and Queensland workplace relations legislation : an overview

I seem to have heard a lot about thresholds lately. In fact, I sometimes feel as though I am standing at the edge of an abyss. Certainly the industrial relations systems we have come to know and love are in the process of metamorphosis but that process began a decade ago. So what is all the fuss about...