Work Choices? The Changing Face of Industrial Relations in Australia

The following paper was presented in New York city on 4 th July at New York University Law School

Nada Vujat, Emery Partners: nvujat@emery.com.au

On March 27, 2006, the Commonwealth Government of Australia (the former ‘Howard Government’) introduced amendments to the Workplace Relations Act 1996 (Cth) which completely overhauled and revolutionised the face of industrial relations in Australia. 

By using the corporations power deriving from Part V, section 51 (xx) of the Australian Constitution, the Commonwealth assumed control over some 85% of Australian employers and their employees. The amendments came into effect via the Workplace Relations Amendment (Work Choices) Act 2005, commonly referred to as ‘Work Choices.’ 

The advent of Work Choices met with great confusion and panic from both employer and employee groups. The Howard Government expended millions of taxpayer dollars on an advertising campaign exposing the merits of Work Choices. Unions, who had their long fought for powers stripped by the legislative amendments, similarly concentrated their efforts and member’s monies upon exposing the injustices inbuilt in the legislation. 

In November 2007, the Howard Government was voted out of office. The nation had collectively spoken. Most commentators agree that Work Choices was responsible for the Howard Government’s decline. This presentation explores the mechanics of Work Choices and the psychological impact it has had (and continues to have) upon the Australian nation.

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