Industrial Relations in 1999: Workplace Relations, Legalism and Individualization

While industrial relations events of 1999 defy neat categorization, an under lying theme was the continuing articulation of a decentralized system. This was evident in the continuing growth of non‐standard employment, the proliferation of agreements and the changing role of the Australian Industrial Relations Commission. A feature of its emerging role has been literal adherence to the provisions of the Workplace Relations Act (WRA). At the same time the Employment Advocate embarked on a high profile campaign to publicize the freedom of association provisions of the WRA, though few complaints ended in the courts. This is not to say that employers and unions did not utilize the freedom of association provisions. Duress and discrimination in connection with the making of agreements are emerging as fertile fields for litigation. The union response to an unfavourable environment was not confined to court actions and included a new ACTU strategy, Unions @ Work, and novel industrial campaigns in the metals and building industries. By the end of 1999, the federal government's ‘second wave’ industrial legislation had been defeated, though as we have argued this bill contained important proposals which are likely to be revisited in 2000. We conclude that the main themes emerging from 1999 are increasing legalism, increasing government intervention into workplace relations, and individualization of the employment relationship.