Industrial Legislation and the Rise of Employer Associations,1890-1906

Abstract

The strikes of the 1890s have often been depicted as a watershed in Australian industrial relations history because of their long-term impact on theformation of the Labor Party and the introduction of compulsory arbitration legislation. Whether these strikes were the cause, rather than a catalyst, of such developments, they did result in legislation giving unions a greater degree of legal encouragement and protection than had previously existed. This paper argues that the continuous existence afforded unions by this legislation made it desirable for employers to organize into permanent associations. This form of organization contrasted with the previously transient associations designed to deal with unions on an ad hoc basis. These employer associations (which should not be confused with trade associations) spearheaded employers' opposition at the industrial, parliamentary and judicial levels against the new industrial legislation, especially that seeking to introduce compulsory arbitration. The paper argues that, until 1906, although employers had been unsuccessful in keeping compulsory arbitration legislation off the statute books in two states and at the Commonwealth level, they had been successful in restricting the scope and operations of those arbitration systems.