Work Choices Analysis

Centre Members: A. Chapman, S. Cooney, C. Fenwick, B. Gaze, J. Howe, G. Patmore, J.C. Tham
Associates: J. Murray, A. O'Donnell
Research Staff: T. Bevan, I. Landau, S. Marshall, M. Trabsky 

The Centre for Employment and Labour Relations Law engaged in comprehensive and long-term analysis of the Work Choices legislation enacted by federal Parliament in late 2005. Centre members and associates actively contributed to the policy debates surrounding the introduction of the new legislation, and the Centre submitted a detailed critique of the proposed amendments to the Senate Inquiry on the Work Choices Bill. The Centre was involved both in monitoring the legal and social changes brought about by the new legislative regime, and in exploring options for future policy development and new regulatory regimes. In 2006 Centre members authored articles on various aspects of Work Choices published in the Australian Journal of Labour Law, the Economic and Labour Relations Review, and the University of New South Wales Law Journal, in addition to delivering seminars and conference papers analysing the legislative changes. In 2007 Centre members continued to monitor the Work Choices framework and developments in case decisions.

Centre Publications

Articles

• A. Chapman, 'Unfair Dismissal Law and Work Choices: From Safety Net Standard to Legal Privilege' (2006) 16(2)Economic and Labour Relations Review 237
• S. Cooney, 'Command and Control in the Workplace: Agreement-making under Work Choices', (2006) 16(2)Economic and Labour Relations Review 147.
• S. Cooney, J. Howe and J. Murray, 'Time and Money Under Work Choices: Understanding the New Workplace Relations Act as a Scheme of Regulation", (2006) 29 University of New South Wales Law Journal 215.
• C. Fenwick, 'How Low Can You Go? Minimum Working Conditions under Australia's New Labour Laws' (2006) 16(2)Economic and Labour Relations Review 85.
• R. Mitchell, R. Campbell, A. Barnes, E. Bicknell, K. Creighton, J. Fetter and S. Korman, 'What's Going on with the 'No Disadvantage Test'?: An Analysis of Outcomes and Processes Under the Workplace Relations Act 1996 (Cth.)' (2005) 47 Journal of Industrial Relations 393.
• J. Howe, R. Mitchell, J. Murray, A. O'Donnell and G. Patmore, 'The Coalition's Proposed Industrial Relations Changes: An Interim Assessment' (2005) 31 Australian Bulletin of Labour 189.

Book Chapters

• B. Gaze, "Work Choices or No Choices? The Impact of the New Industrial Relations Laws on Work and Family", in Julian Teicher, Rob Lambert and Anne O'Rourke (eds), WorkChoices: The New Industrial Relations Agenda (2006).

Inquiry Submissions

• Centre for Employment and Labour Relations Law, Submission to the Senate Employment, Workplace Relations and Education Committee Inquiry into Workplace Relations Amendment (Work Choices) Bill 2005, 18 November 2005.
• Anna Chapman, Submission to the Senate Employment, Workplace Relations and Education Legislation Committee Inquiry into Workplace Relations (Amendment) Work Choices Bill 2005, 18 November 2005
• Jill Murray, Submission to the Senate Employment, Workplace Relations and Education Legislation Committee Inquiry into Workplace Relations (Amendment) Work Choices Bill 2005, 18 November 2005.
• Centre for Employment and Labour Relations Law, Submission to Minister for Employment and Workplace Relations, the Honorable Kevin Andrews MP, concerning a Ministerial Review of the Workplace Relations Act 1996 (Cth.). December 2004.
• Richard Mitchell and Joel Fetter, Submission to Senate Employment, Workplace Relations and Education References Committee - Inquiry into Workplace Agreements.

Working Papers

• J. Howe, '"Deregulation" of Labour Relations in Victoria: Towards Command and Control?' (Working Paper No. 34, Centre for Employment and Labour Relations Law, 2005)

Useful Links

Parliamentary & Government Resources 

• Australian Parliament House – Parliamentary Library
• Internet Guide to Workplace Relations Amendment (WorkChoices) Act 2005 (Cth)

Research Centres

• The Australian Centre for Research into Employment and Work (ACREW) – Monash University
• National Institute of Labour Studies (NILS) – Flinders University
• Workplace Research Centre – University of Sydney
• Melbourne Institute of Applied Economic and Social Research – University of Melbourne
• Centre of Full Employment and Equity (CofFEE) – University of Newcastle
• Centre for Applied Social Research (CASR) – RMIT University
• Women in Economic and Social Research (WiSER) – Curtin University of Technology

Trade Unions & Industry Groups

• ACTU
• Business Council of Australia
• Australian Chamber of Commerce and Industry

Other Non-Government Organisations

• WorldLII WorkChoices Page
• Australian Policy Online – Employment and Workplace Relations Section

Special Issues of Journals

• Economic and Labour Relations Review Volume 16 Issue 2: Special Edition – Work Choices
• UNSW Law Journal Volume 29 No 1 2006 Thematic Issue: Industrial Relations Law
• Journal of Australian Political Economy: Issue 56 December 2005
• Deakin Law Review (2005) Volume 10 Issue 2: Special Feature: Developments In Australian Workplace Laws
• Australian Journal of Labour Law (forthcoming)

Parliamentary Resources

• Bills Digest No. 66 - 2005–06
• Workplace Relations Amendment (Work Choices) Bill 2005
• Workplace Relations Legislation: Bills Passed, Rejected or Lapsed, 38th—40th Parliaments (1996-2004)
• E-Brief: Online Only issued 8 July 2005

Senate Standing Committee on Employment, Workplace Relations and Education

• Inquiry into the Workplace Relations Amendment (Work Choices) Bill 2005
• Report of Senate Standing Committee on Employment, Workplace Relations and Education: Provisions of the Workplace Relations Amendment (Work Choices) Bill 2005
• New South Wales Parliamentary Research Service
• Briefing Paper No. 2/2006
• Briefing Paper No. 11/2005

Other Resources

• Australian Review of Public Affairs
• Symposium: State Systems of Industrial Relations (19 September 2005)

Bibliography - Constitutional Aspects

Articles

• A. Gray, 'Precedent and Policy: Australian Industrial Relations Reform in the 21st Century Using the Corporations Power', (2005) 10 Deakin Law Review 440.
• R. McCallum, 'The Australian Constitution and the Shaping of Our Federal and State Labour Laws', (2005) 10 Deakin Law Review 460. 
• G. Williams, 'The Constitution and a National Industrial Relations Regime', (2005) 10 Deakin Law Review 498.
• D. McCann, 'First Head Revisited: A Single Industrial Relations System Under the Trade and Commerce Power', (2004) 26 Sydney Law Review 75.
• G. Williams, 'The First Step to a National Industrial Relations Regime? Workplace Relations Amendment (Termination of Employment) Bill 2002', (2003) 16 Australian Journal of Labour Law 94.
• G. Williams, 'The Constitution and a National Industrial Relations Regime' (2005) 10 Deakin Law Review 49
• N. Williams and A. Gotting, 'The Interrelationship between the Industrial Power and Other Heads of Power in Australian Industrial Law' (2001) 20 Australian Bar Review 264.
• P. H. Lane, 'Commonwealth Control of Corporate Industrial Relations' (2001) 75 Australian Law Journal 670.
• A. Stewart, 'Federal Labour Law and New Uses for the Corporations Power' (2001) 14 Australian Journal of Labour Law145.
• W. J. Ford, 'Reconstructing Australian Labour Law: a Constitutional Perspective' (1997) 10 Australian Journal of Labour Law 1.
• W. J. Ford, 'The Constitution and the Reform of Australian Industrial Relations' (1994) 7 Australian Journal of Labour Law105.
• S. E. K. Hulme, 'A Constitutional Basis for the Federal Coalition's Industrial Relations Policy—and Related Matters' (1993) 4 Economic and Labour Relations Review 62.
• G. Lindell, 'The Corporations and Races powers' (1984) 14 Federal Law Review 219
• D. Rose, 'Comment on the Corporations Power and the Races Power' (1984) 14 Federal Law Review 253.
• J. O'Donovan, 'Can the Contract of Employment be Regulated Through the Corporations Power?' (1977) 51 Australian Law Journal 234.
• R Buchanan and I Neil, 'Industrial Law and the Constitution in the New Century: an Historical Review of the Industrial Power' (2001) 20 Australian Bar Review 256.
• I. McPhee, 'Challenges for 21^st Century Australia: Politics, Economics and Constitutional Reform' (1994) 3 Griffith Law Review 245.
• B. Creighton, 'The Workplace Relations Act in International Perspective' (1997) 10 Australian Journal of Labour Law 31.
• G. Williams and A. Simpson, 'The Expanding Frontiers of Commonwealth Intervention in Industrial Relations' (1997) 10Australian Journal of Labour Law 222.
• N. L. Wallace-Bruce, 'To expand or not to expand? That is the Question: the Creeping Industrial Relations Jurisdiction in Australia' (1995) 24 Anglo-American Law Review 189
• J.T. Ludeke, 'The External Affairs Power: Another Province for Law and Order?' (1994) 68 Australian Law Journal 250.
• J. Williams, 'The Constitution and Workplace Relations Act 1996 (Cth)' (2006) 16(2) Economic and Labour Relations Review 62.
• D. Barnett, 'The Corporations Power and Federalism: Key Aspects of the Constitutional Validity of the WorkChoices Act' (2006) 29 University of New South Wales Law Journal 91.
• G. Craven, 'Industrial Relations, the Constitution and Federalism: Facing the Avalanche' (2006) 29 University of New South Wales Law Journal 203.

Books

• G. Williams, Labour Law and the Constitution (1998)

Conference Papers

• L. Clegg, The New Era of Uniform Industrial Relations: How Far Does the Corporations Power Extend? (Paper presented at the Constitutional Law Conference, Sydney, 24 February 2006)
• A. Stewart, 'Federal regulation and the use of powers other than the industrial power' in ACIRRT Monograph No. 9, A New Province for Legalism: Legal Issues and the Deregulation of Industrial Relations, Proceedings of a Conference, 30 April 1993

Working Papers

• 'The Constitution and Industrial Relations: Is a Unitary System Achievable?' (28 November 2005) Parliamentary Library Research Brief No. 8 (2005-06)
• 'The Coverage and Characteristics of the State Jurisdiction under a New Industrial Relations System' (Research Report, Queensland Dept. of Industrial Relations, April 2006)

Inquiry Submissions

• G. Williams, Submission to the Senate Employment, Workplace Relations & Education Committee Inquiry into the Provisions of the Workplace Relations Amendment (Termination of Employment Bill) 2002, 6 February 2003
• Centre for Employment and Labour Relations Law, Submission to the Senate Employment, Workplace Relations and Education Committee Inquiry into Workplace Relations Amendment (Work Choices) Bill 2005, 18 November 2005.
• Anna Chapman, Submission to the Senate Employment, Workplace Relations and Education Legislation Committee Inquiry into Workplace Relations (Amendment) Work Choices Bill 2005, 18 November 2005
• Jill Murray, Submission to the Senate Employment, Workplace Relations and Education Legislation Committee Inquiry into Workplace Relations (Amendment) Work Choices Bill 2005, 18 November 2005.

Other resources - High Court Transcript

• Transcript of Proceedings, State of New South Wales & Ors v Commonwealth (AKA Workplace Relations Challenge) (High Court of Australia, 11 May 2006)
• Transcript of Proceedings, State of New South Wales & Ors v Commonwealth (AKA Workplace Relations Challenge) (High Court of Australia, 10 May 2006)
• Transcript of Proceedings, State of New South Wales & Ors v Commonwealth (AKA Workplace Relations Challenge) (High Court of Australia, 9 May 2006)
• Transcript of Proceedings, State of New South Wales & Ors v Commonwealth (AKA Workplace Relations Challenge) (High Court of Australia, 8 May 2006)
• Transcript of Proceedings, State of New South Wales & Ors v Commonwealth (AKA Workplace Relations Challenge) (High Court of Australia, 5 May 2006)
• Transcript of Proceedings,State of New South Wales & Ors v Commonwealth (AKA Workplace Relations Challenge) (High Court of Australia, 4 May 2006)