Labour Law Under Labor: The Industrial Relations Bill 1988 and Labour Market Reform

Abstract

The Industrial Relations Bill of 1988 represents the first occasion upon which the Australian Federal Government has attempted a thorough overhall of its industrial relations legislation since the enactment of the Conciliation and Arbitration Act of 1904. The Bill follows upon the Report of the Hancock Inquiry into Industrial Relations Law and Systems and a failed attempt by the Federal Labor Government to introduce the recommendations of that Report in the Industrial Relations Bill of 1987. In terms of its content, the 1988 Bill is but a shadow of its predecessor. Nevertheless, it carries out an important reorganization of the law relating to industrial relations and industrial organizations in the Federal jurisdiction. This paper attempts to provide a critical examination of the central features of the 1988 Bill, and to evaluate its significance in the broader context of the Labor Government's industrial relations policy.