Howard's IR Laws: Threat to legal existance of unions

While small employers are annoyed about the need to incorporate themselves, and the cost involved, so that they can gain access to the proposed Workplace Relations legislation, trade unions are worried whether they will exist in law at all.

At issue is "registered organisation" status, which is conferred under the conciliation and arbitration power and recognises trade unions as an entity necessary in the process of resolving industrial disputes.

Under section 51(35) of the constitution, the conciliation and arbitration power gives the Federal Government power to make laws in relation to "conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one state".

The corporation's power in section 51(20) of the constitution is very different. Until now, this power has only been used in a very limited way to govern certain aspects of employment conditions. Basically it has never been used as the primary power to govern the employment relationship. Using this power opens up a range of options and possibilities for the Government by enabling the re-regulation of industrial relations.

read more