`Trojan Horse' or `Vehicle for Organizing'? Non-Union Collective Agreement Making and Trade Unions in Australia

Abstract

Unions have historically had a central place in industrial relations in Australia. However, they have been sidelined in recent years by, among other things, the development of non-union forms of agreement making. In the context of declining union density and power, this article examines the dynamics and outcomes of collective non-union agreement making in Australia between 1996 and 2005. In particular, it questions the extent to which these agreements have been used as a vehicle for deunionization or whether, on the other hand, they have offered unions opportunities to organize in non-union worksites. The study finds that the direct effect upon Australian unions, as measured by non-union agreement coverage 1996—2005, was limited. Nevertheless, there is evidence of employers using agreements to undermine union activity. They have been used as instruments to stymie organizing drives and to pre-empt or to undo union collective bargaining. On the other hand, unions have been presented with some opportunities to leverage organizing activities by the structured, collective processes of the non-union agreement-making stream. The study concludes that the uses and effects of non-agreement making were contingent upon a number of variables including: the relative power of unions and employers in a given worksite; the relationship between unions and their members over time; the bargaining history of the parties; and the intentions and choices of employers seeking to make agreements.