Australia has the most restricted collective bargaining rights in the developed world. Our laws have repeatedly been held by the ILO to be in breach of fundamental standards, particularly in respect of:

• restrictions on the right to strike
• the exclusive right of employers to decide whether to negotiate with a union and whether negotiations should be collective or individual,
• the lack of primacy given to collective bargaining, and
• the restrictions on multi-employer bargaining.

The key elements of a collective bargaining system that would meet Australia’s international obligations and provide a framework that fairly balances the interests of unions, employees and employers are:

• A requirement for parties to negotiate in good faith including complying with agreed negotiating procedures, including meeting the other party; disclosing relevant information; stating and explaining a position on issues and considering and responding to proposals made by other parties; dedicating sufficient resources to ensure genuine bargaining; not capriciously adding or withdrawing items for negotiation; not refusing or failing to negotiate with a person who is a representative chosen by the other party; and not attempting to bargain or make offers to persons other than the other negotiating party about matters subject to negotiations:

• Repeal of legislative provisions for individual agreements.

• Multi-employer bargaining to be subject to similar conditions as single enterprise bargaining.

• Powers for the AIRC to make orders on the bargaining process and, in specified circumstances where agreement cannot be reached, terminate a bargaining period and arbitrate.

• Relevant and fair award system underpinning bargaining.

• A reasonable ability for unions to enter workplaces to recruit members and to represent them in negotiations.

• A requirement for employers to provide rights to union delegates to enable them to carry out their functions OR support for the detail of these rights to be determined by the AIRC.

• A right to take industrial action in connection with bargaining.

• Measures to prevent employers using outsourcing as a means of avoiding obligations under agreements.

• A prohibition on conduct that discriminates against employees who wish to engage in collective bargaining or to be represented by a union and on inducing employees to accept limitations on the right to bargain collectively

More Information

• ACTU Policies: 2000 Congress - Wages, Superannuation Collective Bargaining - this policy directs attention to union organisation and action in the workplace to achieve further gains for members through campaigns for better wages and conditions.
• ACTU Policies: 2000 Congress - Industrial Legislation Policy - a legislative framework should provide for worker and union rights in relation to collective bargaining which meet the standards set by international law.
• ACTU Speeches: Unions and a Fair Society - ACTU Secretary Greg Combet says that to reverse a trend towards a US-style working poor, minimum award wages must be lifted, there needs to be targeted tax relief for low income families and industrial laws must allow employees to collectively bargain. (06 June 2001)
• ACTU Speeches: Individual Contracts...a view of their future - ACTU Assistant Secretary, Richard Marles takes up the role of clairvoyant and predicts a dim future for the Federal Government’s AWAs. (07 May 2001)