It will be ensured that all employees will have the freedom to choose whether or not they will belong to, be represented by or participate in the collective activities of a union. It will be unlawful to attempt to prevent this freedom of association or victimise
an employee due to the nature of industrial instrument which covers his or her employment.
a) Right of Entry
Interestingly, Labor has stated that it intends to leave current ‘Right of Entry’ rules concerning the access of union officials to worksites, as they are. Again, there is currently no ideological difference between the two major parties concerning this emotive issue.
b) The Australian Building and Construction Commission
Another surprise: Labor intends to maintain existing arrangements until 31 January 2010. What this means is that the Australian Building and Construction Commission, a brainchild of the Howard Government that is loathed by the CFMEU, will be retained by an ALP government until that date, following which Fair Work Australia will take on all the powers and responsibilities of the ABCC. The retention of ABCC powers by a Rudd Government institution marks a major divergence between Labor and the union movement; Labor is careful to note, in its policy implementation plan, that it will “consult extensively with industry stakeholders to ensure the transition to new arrangements will be orderly, effective and robust.” 6
“A New Industrial Relations System: A Fairer Future for Working Families”, ALP National Platform and Constitution 2007, page 104.
2 Rudd & Gillard, Forward with Fairness – Policy Implementation Plan, page 4.
3 Ibid, page 8.
4 Ibid, page 21.
5 Ibid, pages 19-20.
6 Ibid, page 24.