Australian labour law after the Work Choices avalanche: Developing an employment law for our children

In late 2005, the Australian Parliament enacted the Workplace Relations Amendment (Work Choices) Act 2005 (Cth), which established a new legal regime for federal labour law known as the Work Choices laws. These laws came into force on 27 March 2006. The major argument enunciated in this address is that in their present form, the Work Choices laws are unsustainable and will be altered and softened in six to eight years. First, these new laws are examined and it is concluded that they elevate managerial prerogatives to new heights over and above fair outcomes. Second, the reasons given for the unsustainability of these laws are: the opposition of State and Territory governments; their prescriptive nature; the failure of employers to engage with them; and because the collective bargaining provisions contravene international labour law. Third, some features of a balanced set of post-Work Choices labour laws are examined, including collective bargaining, a minimum wage, safety, compensation, and discriminatory and unfair terminations. Finally, it is suggested that a truly national employment law code could be created through the enactment of cooperative federal and State legislation.