Swimming against the tide: New challenges for unions under Australian labour law

In this article, we explore a number of recent developments that affect the regulatory supports for - and impediments to - union organising and representation under Australian law. The main federal labour statute, the Fair Work Act 2009 (Austl), provides unions with a framework of rights, including access to work sites and protections against the victimisation of union activists. In some respects, these supports for union organisation remain stronger than those found in the comparable labour law systems of the United Kingdom, Canada and the United States. At the same time, however, the political tide has clearly turned against trade unions in Australia. Even under Australian Labor Party (ALP) governments, as explained by Rae Cooper and Bradon Ellem in their separate contribution to this collection, the institutional role of unions had been progressively weakened. The conservative Liberal/National Government first elected in 2013, wary of being seen to reduce individual protections for workers, has focused its reform efforts on union rights and activities. Besides seeking to highlight malfeasance and corruption within the administration of unions, it has attempted to truncate still further what by international standards is a severely limited right to take industrial action. Recent court rulings have also created important gaps in the protections given to union members and officials. Against that backdrop, the challenge to organise Australian workplaces has never been greater