A cooperative national industrial relations system

1
A co-operative national industrial relations
system

• By Dr Mark Mourell
• Department of Employment Relations
• Griffith Business School
• Griffith University

2
A co-operative national industrial relations
system

• The present state of federal/state IR
• What do we want from a co-operative national
  system- objectives impediments and the overseas
  experience.
• What the States may want.
• How it might be achieved.
• Possible outcomes.
• Possible future scenarios
• Conclusion.

3
The present state of federal/state IR

• Work Choices, the High Court decision and their
  impact.
• What jurisdiction remains- State employment
  non-corporate employment youth employment OHS
  and workers compensation Anti-discrimination.
• The missing requirements- broad consensus among
  the States, employers and employees and Finance
  .

4
What do we want from a co-operative system.

• Objectives- efficiency- low cost, clarity
  consistency and certainty
• equity- protection of rights
• checks and balances stability and
  responsiveness.
• Impediments- politics the Commonwealths
  success finance State rivalry
• The overseas experience- USA, Canada, Germany-
  what can we learn from it.

5
What the States may want.

• Fewer, simpler, standardised awards
• Uniform dispute settlement procedures, including
  good faith collective bargaining and arbitration
• Simpler wage setting mechanisms.
• Charter of employment rights.
• Coverage of dependent contractors.
• Uniform OHS, EEO and Youth employment laws.

6
How might this be achieved.

• Ministerial representatives of all State
  governments meet to arrive at agreed
  objectives/outcomes.
• Agreement on some issues
• Drafting of uniform legislation on agreed issues
  by an independent Commission.
• Gradual adoption by the States, leading
  eventually to a dual system.
• Negotiation with the Commonwealth

7
Possible outcomes

• Harmonised industry wide awards, so that all
  employees in an industry in all States are
  covered by ONE award.
• A contributory State scheme (employers, employees
  and state governments) to finance workers
  compensation and termination/income support
  insurance.
• A State government scheme for employers to adopt
  a voluntary charter of rights in order to obtain
  State contracts
• Good faith bargaining for collective agreements
  and dispute resolution-private arbitration when
  all else fails.

8
Possible outcomes

• Agreement among the States to pay low paid
  workers according to a set standard.
• Uniform youth employment, anti discrimination,
  OHS and workers compensation laws.
• Uniform protection for dependent contractors a
  standard definition of a contractor based on the
  ATO definition.

9
Possible future scenarios

• The Commonwealths preferred solution-voluntary
  ceding of remaining State jurisdiction.
• Commonwealth encroaches- States resist.
• Co-operative model States only
• Co-operative model- States and Commonwealth.
• You need genuine consensus between States and
  Commonwealth (with input from employers and
  unions) and good faith negotiated outcomes.

10
References, sources and thanks!

• Isaac J (2006) "Reforming Australian Industrial
  Relations?", 21st Foenander Lecture, Uni of Melb
• Painter, M (1998) Collaborative Federalism(CUP)
• Peetz, D (2007) Submission to SA IR inquiry among
  many others
• Mc Callum, R (2006) Australian Labour Law After
  the Work Choices Avalanche.
• Williams, G (1998) Labour Law and the
  Constitution (Federation)
• For further info- m.mourell_at_griffith.edu.au