Change from Within: Reforming Trade Union Coverage and Structure

Abstract

The federal government has demonstrated that it supports moves to rationalize trade union structure by enacting legislation which allocates the parties in the industrial relations process different roles in transforming union coverage of workers and workplaces. The power to rewrite union eligibility rules under section 118A of the Industrial Relations Act 1988 provides the Australian Industrial Relations Commission with a direct role in the restructuring process, while the more permissive path towards trade union amalgamations now endorsed by the legislation allows the union movement itself an opportunity to hasten the reform process. The authors contend that the government has chosen to adopt a compromise model of reform by seeking to achieve change from within the existing centralized system. The paper analyzes the different legislative mechanisms, both to identify the capacity for change that currently exists within the Industrial Relations Act, and to assess whether they provide a suitable response to the challenges presently confronting the Australian industrial relations system.