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Available here for download is my submission to the review of the Fair Work Act.
It argues that “the regulatory and accompanying quasi-judicial supervisory arrangements are totally unsuited to modern society and are based on a complete misunderstanding of the way that labour markets can and should operate in the interests of the Australian community. As the arrangements do not operate in the interests of most workers and employers, the legislation and its accompanying administration should be totally scrapped. Instead, the interests of employers and employees should be protected through normal legal and administrative processes applying to contractual arrangements.”
The submission contains evidence supporting the view that there is no imbalance of bargaining power between employers and employees and hence no need for special legislation to protect employees. It identifies apparent improvements in the labour market under the less regulated regime operating under the Howard government and the apparent failure to restore those or to continue to improve since the Fair Work Act came into effect in July 2009. It also shows the extent to which employees voluntarily change jobs each year.
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