Industrial relations in 1999: workplace relations, legalism and individualization

While industrial relations events of 1999 defy neat categorisation, an underlying theme was the continuing articulation of a decentralised system. This was evident in the continuing growth of non-standard employment, the proliferation of agreements and the changing role of the Australian Industrial Relations Commission (AIRC). A feature of its emerging role has been literal adherence to the provisions of the Workplace Relations Act (WRA). At the same time the Employment Advocate embarked on a high profile campaign to publicise the freedom of association provisions of the WRA, though few complaints ended in the courts. This is not to say that the employers and union did not utilise the freedom of associations provisions. Duress and discrimination in connection with the making of agreements are emerging as fertile fields for litigation. The union response to an unfavourable environment was not confined to court actions and included a new Australian Council of Trade Unions (ACTU) strategy, Unions @ Work, and novel industrial campaigns in the metals and building industries. By the end of 1999, the federal government's 'second wave had been defeated, though, as we have argued, this bill contained important proposals which are likely to be revisited in 2000. We conclude that the main themes emerging from 1999 are increasing legalism, increasing government intervention into workplace relations, and individualisation of the employment relationship.

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