https://orcid.org/0000-0002-9758-3753
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ABSTRACT
This article reflects on the profound impact of COVID-19 on labour research and those who undertake it, on both global and local labour markets, and on labour policy and regulation in Australia. It briefly discusses the many existing challenges the pandemic has highlighted for the supply, organisation and compensation of labour in one particular sector, aged care, before going on to examine the state of the Australian system of labour regulation and policy-making prior to the current crisis. It then discusses how that system has responded to the pandemic, and critically analyses the Morrison Government’s embrace and then abandonment of the idea of consultation and cooperation with the union movement, as it seeks to set an agenda for Australia’s recovery. There seems little chance that the government’s package of changes to the Fair Work Act 2009 will do anything to address deep-seated problems such as wage stagnation, insecurity, inequality and adversarialism. Indeed it may exacerbate them.
Disclosure statement
No potential conflict of interest was reported by the author.
Notes
1. For published versions of those addresses, see Thornthwaite Citation2017; Townsend Citation2019; Williamson Citation2020; Douglas Citation2020.
2. I am grateful to Robyn Mayes and Penny Williams for the information presented both here and in the following paragraph.
3. See Royal Commission into Aged Care Quality and Safety, https://agedcare.royalcommission.gov.au/ (accessed 16 February 2021).
4. See e.g. https://www.servicesaustralia.gov.au/individuals/services/centrelink/pandemic-leave-disaster-payment (accessed 16 February 2021).
5. See Variation of Awards on the Initiative of the Commission [2020] FWCFB 1837 (8 April 2020).
6. See Health Sector Awards – Pandemic Leave [2020] FWCFB 3930 (27 July 2020). Compare Health Sector Awards – Pandemic Leave [2020] FWCFB 7059 (24 December 2020), where the Commission rejected attempts to broaden the scope of the paid leave entitlement.
7. As to what that might be, see Oliver et al. Citation2016, to which reference is made immediately below.
8. See https://www.mbie.govt.nz/data-and-analysis/ (accessed 16 February 2021).
9. For other analyses, see e.g. Tham Citation2020b; Kaine Citation2020; Forsyth & Stewart Citation2021a; Howe et al. Citation2021. For a New Zealand perspective, see the various contributions in vol. 45 no. 2 of the New Zealand Journal of Employment Relations (October 2020).
10. See e.g. La Plume v Thomas Foods International Pty Ltd [2020] FWC 3690 (15 July 2020); Irvine v Perspective Recruitment Pty Ltd [2020] FWC 5231 (2 October 2020). But compare Qantas Airways Ltd v Australian Licenced Aircraft Engineers Association (No 3) [2020] FCA 1428 (6 October 2020), which appears to overlook this crucial distinction.
11. See e.g. Communications, Electronical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Qantas Airways Ltd [2020] FCAFC 205 (27 November 2020).
12. See e.g. Australian Hotels Association and United Workers’ Union [2020] FWCFB 1574 (25 March 2020).
13. Australian Industry Group and Australian Chamber of Commerce and Industry [2020] FWCFB 6985 (22 December 2020).
14. Coronavirus Economic Response Package (Payments and Benefits) Act 2020 (Cth); Coronavirus Economic Response Package Omnibus (Measures No 2) Act 2020 (Cth).
15. Coronavirus Economic Response Package (Payments and Benefits) Amendment Rules (No 2) 2020 (Cth).
16. See Workpac Pty Ltd v Skene (2018) 264 FCR 536; Workpac Pty Ltd v Rossato (2020) 378 ALR 585.
17. Whether such a set-off is possible under the existing law, to prevent so-called ‘double dipping’ by long-term casuals found to have been permanent employees, will be decided by the High Court in an appeal against the Rossato ruling mentioned above (Workplace Express Citation2020).
Additional information
Notes on contributors
Andrew Stewart
Andrew Stewart is the John Bray Professor of Law at the University of Adelaide, and a former President of AIRAANZ. This is an edited and updated version of his presidential address, delivered online on 3 February 2021 as part of the AIRAANZ 2021 Conference. It incorporates material originally prepared for, or included in, three other sources cited in this article (Stewart Citation2020a, Stewart et al. Citation2021, Forsyth and Stewart Citation2021a). Andrew is grateful to the Journal’s anonymous referee for their helpful comments and suggestions.