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How Low Can You Go? Minimum Working Conditions under Australia's New Labour Laws

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  • Colin Fenwick

Abstract

The Work Choices package of legislative reforms has significantly altered both the institutions and the instruments of the federal regulatory architecture for setting minimum working conditions. This paper surveys the reduced role of awards and of the Australian Industrial Relations Commission, before considering the function and content of the Australian Fair Pay and Conditions Standard and Australian Pay and Classification Scales, as well as the role of the newly created Australian Fair Pay Commission. It argues that the Work Choices reforms have shifted power over the setting of minimum working conditions to the government, which will set many conditions directly, and to employers, who will be entitled to require employees to be party to workplace agreements that displace very many of the minimum working conditions that are otherwise purportedly guaranteed. These shifts have opened up the space for significant reductions in minimum working conditions, as well as for falls in real wages for those not able to benefit from wage bargaining.

Suggested Citation

  • Colin Fenwick, 2006. "How Low Can You Go? Minimum Working Conditions under Australia's New Labour Laws," The Economic and Labour Relations Review, , vol. 16(2), pages 85-126, May.
  • Handle: RePEc:sae:ecolab:v:16:y:2006:i:2:p:85-126
    DOI: 10.1177/103530460601600205
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    References listed on IDEAS

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    1. J. E. King, 1999. "Introduction," Review of Political Economy, Taylor & Francis Journals, vol. 11(3), pages 251-255.
    2. Anna Chapman, 2006. "Unfair Dismissal Law and Work Choices: From Safety Net Standard to Legal Privilege," The Economic and Labour Relations Review, , vol. 16(2), pages 237-264, May.
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    Cited by:

    1. John Buchanan & Damian Oliver, 2016. "‘Fair Work’ and the Modernization of Australian Labour Standards: A Case of Institutional Plasticity Entrenching Deepening Wage Inequality," British Journal of Industrial Relations, London School of Economics, vol. 54(4), pages 790-814, December.
    2. O'Brien, Martin & Valadkhani, Abbas & Waring, Peter & Denniss, Richard, 2007. "BNew Developments in the Australian Labour Market in 2006," Economics Working Papers wp07-16, School of Economics, University of Wollongong, NSW, Australia.
    3. Peter Sheldon & Nancy Kohn, 2007. "AWAs and Individual Bargaining in the Era of WorkChoices: A Critical Evaluation Using Negotiation Theory," The Economic and Labour Relations Review, , vol. 18(1), pages 115-142, November.

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