Ten Years of the Fair Work Act: (More) Testing Times for Australia’s Unions

(2020) 33:1 Australian Journal of Labour Law 122-138

Posted: 9 Nov 2020

See all articles by Anthony Forsyth

Anthony Forsyth

RMIT University Graduate School of Business & Law

Date Written: December 13, 2019

Abstract

The decade in which the Fair Work Act 2009 (Cth) has been in operation has continued to present challenges for the Australian union movement. Despite high hopes that the 2009 legislation’s support for collective bargaining would deliver positive outcomes, enterprise agreement coverage and union membership levels have declined further. The Australian Council of Trade Unions’ Change the Rules campaign highlighted the Fair Work Act’s deficiencies, exacerbated by employer ‘gaming’ and judicial interpretation. The campaign proposed reforms to give unions a realistic prospect of countering capital’s ability to constantly reinvent itself through new business models. This article analyses the experience of Australia’s union movement in the Fair Work Act era, exploring how key features of the 2009 statute have operated, and assessing the Change the Rules campaign in light of the 2019 federal election outcome. This discussion is situated in the context of the Coalition Government’s attempts to restrict union power and influence since 2013. Overall, the article argues that while legislative change will no doubt assist unions to represent and bargain for workers, innovative approaches to membership structures and activism are also required to rebuild union strength.

Keywords: Australia, Fair Work Act 2009, Trade Unions, Collective Bargaining, ACTU Change the Rules Campaign, Unions and the State, Innovative Unionism

JEL Classification: K31

Suggested Citation

Forsyth, Anthony, Ten Years of the Fair Work Act: (More) Testing Times for Australia’s Unions (December 13, 2019). (2020) 33:1 Australian Journal of Labour Law 122-138 , Available at SSRN: https://ssrn.com/abstract=3693563

Anthony Forsyth (Contact Author)

RMIT University Graduate School of Business & Law ( email )

124 La Trobe Street
Melbourne, 3000
Australia

HOME PAGE: http://https://www.rmit.edu.au/contact/staff-contacts/academic-staff/f/forsyth-professor-anthony

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