Command and Control in the Workplace: Agreement-Making under Work Choices

Abstract

This article provides an overview of the radical changes in workplace agreement-making introduced by the ‘Work Choices’ amendments to the Workplace Relations Act. It outlines the six types of statutory workplace agreement and the procedures, termination rules and content requirements associated with them. While some agreement-making procedures have been simplified, this has come at the cost of independent oversight. Furthermore, the government's overall regulatory approach is shown to be prescriptive, punitive and one-sided. The article contrasts the new workplace agreements with contracts and observes that alternative regulatory frameworks could readily have been created, with greater respect for party autonomy.