Hostname: page-component-6766d58669-nf276 Total loading time: 0 Render date: 2026-05-19T14:41:14.163Z Has data issue: false hasContentIssue false
  • English
  • Français

The Contract Regulation Club

Published online by Cambridge University Press:  01 January 2023

Braham Dabscheck
Braham Dabscheck*
Affiliation:
University of Melbourne
*
*bdabsche@bigpond.net.au
Get access Rights & Permissions [Opens in a new window]

Abstract

The Contract Regulation Club has been the dominant force in Australian industrial relations since the latter part of the 1980s. Its membership includes major business and employer organisations, leaders of the Liberal and National parties, various regulatory bodies, ‘New Right’ think tanks and media commentators. Its modus operandi is doublethink. It advocates deregulation of employment contracts while intervening in their operation and demanding more regulation to ensure that they are loaded in ‘favour’ of employers. The Club has a vision of an industrial relations nirvana where employees voluntarily align their behaviour to the needs of the enterprise. The paper argues that this vision is fundamentally flawed and is the basis of the Club's demand for more regulation. The paper examines the origins and consolidation of the Club, activities and interventions after the election of the Howard Coalition in 1996 and major features of the Workplace Relations Amendment (Work Choices) Act 2005 (Cth)

Information

Type
Work Choices: A Critical Analysis
Information
The Economic and Labour Relations Review , Volume 16 , Issue 2: Work Choices: A Critical Analysis , May 2006 , pp. 3 - 24
Copyright
Copyright © The Author(s) 2006

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Article purchase

Temporarily unavailable

References

Andrews, Kevin (2005a) ‘What do we want Workplace Relations to be in Five Years?’, Speech to Committee for Economic Development, Melbourne, 25 February.Google Scholar
Andrews, Kevin (2005b) Second Reading Speech, Workplace Relations Amendment (Work Choices) Bill 2005 (Cth), Parliament House, 2 November.Google Scholar
Angwin, Michael (2000) ‘Managerial Leadership and Industrial Relations Reform’ BCA Papers, September: 8–14.Google Scholar
Arbitration in Contempt (1986) H R Nicholls Society, Melbourne.Google Scholar
Australian Chamber of Commerce and Industry (2002) Modern Workplace: Modern Future-A Blueprint for the Australian Workplace Relations System 2002–2010. Melbourne.Google Scholar
Australian Government (2005) Implementation Guidelines for the National Code of Practice for the Construction Industry, Department of Employment and Workplace Relations, Revised September.Google Scholar
Beyond Cole: The Future of the Construction Industry: Confrontation or Co-operation? (2004) Employment, Workplace Relations and Education References Committee, The Senate, June.Google Scholar
Building and Construction Industry Improvement Bill 2003 (Cth).Google Scholar
Building and Construction Industry Improvement Act 2005 (Cth).Google Scholar
Business Council of Australia (1987) Towards an Enterprise-based Industrial Relations System, 24 March (mimeo).Google Scholar
Business Council of Australia (1989) Enterprise-based Bargaining Units: A Better Way of Working, Report to the Business Council of Australia by the Industrial Relations Study Commission, Volume 1.Google Scholar
Business Council of Australia (1991) Avoiding Industrial Action: A Better Way of Working, Employee Relations Study Commission, Allen & Unwin, Sydney.Google Scholar
Business Council of Australia (1993) Working Relations: A Fresh Start for Australian Enterprises, Employee Relations Study Commission, Business Library, Melbourne.Google Scholar
Business Council of Australia (2005) Workplace Relations Action Plan For Future Prosperity, 15 February.Google Scholar
Business Council Bulletin, May-June, 1985.Google Scholar
Dabscheck, Braham (1993) ‘The Coalition's Plan to Regulate Industrial Relations’, The Economic and Labour Relations Review, 4(1): 1–26.Google Scholar
Dabscheck, Braham (1995) The Struggle for Australian Industrial Relations, Oxford University Press, Melbourne.Google Scholar
Dabscheck, Braham (2000) The Australian Waterfront Dispute and Theories of the State’, The Journal of Industrial Relations, December, pp. 497–516.Google Scholar
Dabscheck, Braham (2001a) ‘“A Felt need for Increased Efficiency”: Industrial Relations at the End of the Millennium’, Asia Pacific Journal of Human Resources, 39 (2): 4–30.CrossRefGoogle Scholar
Dabscheck, Braham (2001b) ‘The Slow and Agonising Death of the Australian Experiment with Conciliation and Arbitration’, The Journal of Industrial Relations, September, pp. 277–293.Google Scholar
Dabscheck, Braham (2005) ‘Two and Two make Five: Industrial Relations and the Gentle Art of Doublethink’, The Economic and Labour Relations Review. 15 (2): 181–198.Google Scholar
Dollar Sweets v Federated Confectioners Association of Australia [1986] VR 383, Employee Contracts Act 1992 (Vic).Google Scholar
Final Report of the Royal Commission into the Building and Construction Industry (2003) Twenty Two Volumes, Commonwealth of Australia, Canberra.Google Scholar
Henderson, Gerard (1983), ‘The Industrial Relations Club’, Quadrant, September: 21–29.Google Scholar
Higgins, Henry Bournes (1920) ‘A New Province for Law and Order-III’, Harvard Law Re view, December: 105–136.Google Scholar
Howard, John (2005) Prime Ministerial Statement: Workplace Relations, Parliament of Australia, 26 May.Google Scholar
Howe, John (2005) ‘“Deregulation” of Labour Relations in Australia: Toward Command and Control,’ Working Paper No. 34, Centre for Employment and Labour Relations Law, University of Melbourne, April.Google Scholar
Huxley, Aldous (1964) Brave New World, Penguin, Melbourne. Industrial Conciliation and Arbitration Act and Another Act Amendment Act 1987 (Qld).Google Scholar
Industrial Relations Act 1991 (NSW).Google Scholar
Industrial Relations Amendment Act 1993 (WA).Google Scholar
Industrial Relations Amendment (Enterprise Agreement and Workplace Freedom) Act 1992 (Tas).Google Scholar
Industrial Relations Reform Act 1993 (Cth).Google Scholar
Industrial Relations Legislation Amendment Act 1992 (Cth).Google Scholar
International Labour Office (2005) Complaint against the Government of Australia, Case No. 2326, 338th Report of the Committee on Freedom of Association, Geneva, November: 95–112.Google Scholar
Jobsback! (1992) The Federal Coalition's Industrial Relations Policy (mimeo).Google Scholar
Kelly, Paul (1992) The End of Certainty: The Story of the 1980s, Allen & Unwin, Sydney.Google Scholar
Kitay, Jim and Powe, Rod (1987) ‘Exploitation at $1000 Per Week? The Mudginberri Dispute’, The Journal of Industrial Relations, September: 365–400.Google Scholar
Letters Patent to the Honourable Terrence Rhodes Hudson Cole RDF QC (2001) Entered on Record Register of Patents No.36, 29 August.Google Scholar
Marr, Jim (2003) First the Verdict: The Real Story of the Building Industry Royal Commission, Pluto Press, Sydney.Google Scholar
Maritime Union of Australia v Patrick Stevedores (1998) 79 IR 281.CrossRefGoogle Scholar
McCarthy, Paul (1985) ‘Power Without Glory: The Queensland Electricity Dispute, The Journal of Industrial Relations, September: 364–382.CrossRefGoogle Scholar
Minimum Conditions of Employment Act 1993 (WA).Google Scholar
Mitchell, R., Campbell, R., Barnes, A., Bicknell, E., Creighton, K., Fetter, J. and Korman, S. (2005), ‘What's Going on with the “No Disadvantage Test”? An Analysis of Outcomes and Processes under the Workplace Relations Act 1996 (Cwth)’, The Journal of Industrial Relations, December: 393–423.CrossRefGoogle Scholar
National Wage Case, April 1991, (1991) 36 IR 120Google Scholar
Nelson, Brendan (2005) Higher Education Bill Passes to Ensure Flexibility for Universities to Attract and Retain Outstanding Staff, Media Release, 10 November, Min 2041/05.Google Scholar
Patrick Stevedores v Maritime Union of Australia (1998) 79 IR 305.CrossRefGoogle Scholar
Patrick Stevedores Operations v Maritime Union of Australia (1998) 79 IR 339.Google Scholar
Provisions of the Workplace Relations Amendment (Work Choices) Bill 2005 (2005), Employment, Workplace Relations and Education Legislation Committee, The Senate, November.Google Scholar
Reith, Peter (1996) Second Reading Speech, Workplace Relations and Other Legislation Amendment Bill 1996 (Cth), Hansard, House of Representatives, 23 May: 1295–1305.Google Scholar
Reith, Peter (1999) Getting the Outsiders Inside-Towards a National Workplace Relations System in Australia, Speech, The National Press Club, 24 March.Google Scholar
Reith, Peter (2000a) Breaking the Gridlock: Towards a Simpler National Workplace Relations System, Discussion Paper 1, The Case for Change, October.Google Scholar
Reith, Peter (2000b) Breaking the Gridlock: Towards a Simpler National Workplace Relations System, Discussion Paper 2, A New Structure, October.Google Scholar
Reith, Peter (2000c) Breaking the Gridlock: Towards a Simpler National Workplace Relations System, Discussion Paper 3, A Focus on Agreement Making, November.Google Scholar
Sheldon, Peter and Thornthwaite, Louise (1999a) ‘The Australian Chamber of Commerce and Industry,’ in Sheldon, Peter and Thornthwaite, Louise (eds), Employer Associations and Industrial Relations Change: Catalysts or Captives?, Allen & Unwin, Sydney, pp. 25–46.Google Scholar
Sheldon, Peter and Thornthwaite, Louise (1999b) ‘The Metal Trades Industry Association,’ in Sheldon, Peter and Thornthwaite, Louise (eds), Employer Associations and Industrial Relations Change: Catalysts or Captives?, Allen & Unwin, Sydney, pp. 70–93.Google Scholar
Sheldon, Peter and Thornthwaite, Louise (2001) ‘Employer Matters in 2000’, The Journal of Industrial Relations, June: 219–242.CrossRefGoogle Scholar
Sheldon, Peter and Thornthwaite, Louise (2003) ‘Employer Matters in 2002’, The Journal of Industrial Relations, June: 224–253.Google Scholar
Smith, Howard and Thompson, Herb (1987) ‘Industrial Relations and the Law: A Case Study of Robe River’, Australian Quarterly, Spring and Summer: 297–304.CrossRefGoogle Scholar
Statement of Accord by the Australian Labor Party and the Australian Council of Trade Unions Regarding Economic Policy (1983) (mimeo).Google Scholar
Thornthwaite, Louise and Sheldon, Peter (2000) ‘Employer Matters in 1999’, The Journal of Industrial Relations, March: 83–108.CrossRefGoogle Scholar
Thornthwaite, Louise and Sheldon, Peter (2002) ‘Employer Matters in 2001’, The Journal of Industrial Relations, June: 263–289.CrossRefGoogle Scholar
Trinca, Helen and Davies, Anne (2000) Waterfront: The Battle that Changed Australia, Doubleday, Sydney.Google Scholar
White, Chris (2005) ‘Provoking Building and Construction Workers’ (mimeo).Google Scholar
WorkChoices: A New Workplace Relations System (2005) Commonwealth of Australia, October.Google Scholar
Workplace Agreements Act 1993 (WA).Google Scholar
Workplace Relations Act 1996 (Cth)Google Scholar
Workplace Relations and Other Legislation Amendment Act 1996 (Cth)Google Scholar
Workplace Relations Amendment (Codifying Contempt Offences) Act 2004 (Cth).Google Scholar
Workplace Relations Amendment (Work Choices) Act 2005 (Cth).Google Scholar
Workplace Relations Legislation Amendment (More Jobs, Better Pay) Bill 1999 (Cth)Google Scholar