Howard’s free rein on industrial relations laws

By Maree O’Halloran

From July 1, 2005 control of the Senate will be held by the Coalition.

As outlined in the October 25 edition of Education, this means that the Prime Minister can give free rein to his aim of dismantling the industrial relations system. Justice Michael Kirby recently referred to those who would seek to destroy that system as "Industrial Ayatollahs". Even without control of the Senate, industrial bargaining has clearly tipped in favour of employers during the Howard years. A recent study by Dr Chris Briggs of the University of Sydney found that employer lockouts of employees rose sharply from 1998 to 2003 while strikes fell to historic lows.

According to Dr Briggs employers, not unions, are now responsible for most of the long-running disputes in Australia.

Federation is a state-registered union. However, that registration does not mean that teachers and the Federation are beyond the reach of the Howard Government. To the contrary, Coalition election policy suggests that teacher unions are impediments to be run over.

Changes to Federal industrial laws that may affect public education teachers are:

• legislation to restrict the right of "essential workers", including teachers, to take industrial action
• the imposition of a uniform industrial relations system.

Federation has sought some initial legal advice. Much appears to depend on the actions of the State Government. At this stage, both Premier Bob Carr and the State Industrial Relations Minister John Della Bosca have said that NSW will not cede its industrial relations power to the Federal Government.

While the Howard Government does not have the cooperation of this or any future State Government, then efforts to restrict the right of teachers to strike may be limited to occasions where an interstate industrial campaign occurs. Public education teachers in Victoria will be vulnerable to Federal legislation because the Kennett Coalition Government ceded Victoria's industrial relations power some years ago.

It also seems that without the cooperation of state governments, the Federal Government could not impose a totally uniform industrial relations system. Even if the Federal Government chose to use its corporations power, it would not be able to extend the coverage of its laws to all workers.

Thus, in the short-term, the Federal Government's use of tied funding to force retrograde changes such as deregulated staffing is the most immediate danger for Federation to fight.

Maree O'Halloran is the President.

Plan aims to dismantle staffing system

For further information

November 2004 contents