In a recent contribution in this journal, Mark Bray, Shae McCrystal and Leslee Spiess posed the question, ‘Why doesn't anyone talk about non-union collective agreements?’ Surveying business, government and union perspectives, the authors identified the need for greater attention and research to understand their effect on contemporary Australian industrial relations. This article serves as a response to this concern. Two case studies illustrate how non-union agreements work in practice under the Fair Work Act 2009. We outline further examples of how unions have been talking about non-union agreements through a legal and policy strategy rather than public advocacy. Assessing employer motivations for pursuing non-union agreements, as well as bargaining outcomes for workers, we conclude that there is an urgent need for reform.
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