Getting to the Table?

When the Fair Work Act 2009 (FW Act) was passed, it was clear that a central focus of the legislation and of the policy framework in which it was embedded was the promotion of collective bargaining. This was in marked contrast to the individualised model which had been favoured by the (conservative) Coalition Government which held office between 1996 and 2007. The collective bargaining envisaged by the framers of the FW Act is based on ‘good faith’ principles and practice, and emphasises opening up bargaining to employees whose employers have refused to bargain or who have never previously had access to collective agreement making. It seeks to achieve this through a distinctively Australian form of ‘majoritarianism’. ¹ In this Chapter, we examine the early operation and use of the FW Act’s collective bargaining framework. In doing so, we are particularly interested in three issues: whether more collective bargaining is taking place than before the legislation commenced operation on 1 July 2009; whether the patterns of bargaining have changed since that time; and whether the new legislation has encouraged, or even compelled, employers and others to come to the bargaining table.