Read The Times Australia

Daily Bulletin

Corporate-style regulation of unions won't defeat corruption

  • Written by: The Conversation Contributor
image

Commissioner Dyson Heydon’s 79 recommendations from the Royal Commission into Trade Union Governance represent a steamroller approach to industrial democracy and basic human rights, such as the right to collectively bargain and the freedom of association.

Heydon referred 45 instances of possible corruption for further investigation and in a novel move for Royal Commissions, released details of “possible” offences by a number of senior unionists (mostly procedural or quasi-criminal in nature) after making his findings on the basis of pared-back rules of evidence.

If these recommendations become law, union-busting in the 21st century will resemble a dim likeness of the Combination Acts from early 19th century Britain. Like that legislation, these recommendations propose subjecting unions and officials to criminal as well as increased quasi-criminal sanctions.

Criminal offences will be further be subject to the lowest criminal standard of proof (“recklessness”) while the existing civil standard for quasi-criminal offences is also to be lowered. The offence provisions echo the “good faith” provisions under the Corporations Act 2001 (Cth), which create a murky and highly discretionary charge.

Furthermore, if the recommendations are taken up by the Turnbull government, the State will be vested with increased powers to completely dismantle or “deregister” recalcitrant trade unions through a new Registered Organisations Commission.

In a contemporary twist to these old laws, the Royal Commission has recommended increased surveillance, monitoring and prosecution by a specialist union-busting police force as well as the compulsory professionalisation of working-class trade unions, by imposing strict character and educational requirements on union officials.

Infringements of certain procedural industrial laws – such as the payment of union dues, rights of entry, secondary boycotts and prohibited industrial action – will result in increased criminal and quasi-criminal penalties.

Senior officials will face criminal liability for infringements by stewards on the shop floor, followed by deregistration of the union for repeated or serious breaches. Even picketing will be considered an offence, rendered of the same criminal status as an unsolicited strike.

The Royal Commission and the Liberal Party are calling for corporate-style regulation of unions on the basis of tit-for-tat political argument. This is a position that neglects to acknowledge that corporations exist exclusively to advance the profits of shareholders, while trade unions are community organisations that collectively advance the interests of members, to address a fundamental inequality in the bargaining power between individual workers and capital.

Given that corporations and unions perform fundamentally different social roles, they should accordingly be treated differently by law. This much is acknowledged by both Australian and international expertise on the regulation of trade unions to defeat corruption.

Detailed Australian research demonstrates that corrupt practices within unions are best defeated from within unions, rather than subjecting unions to criminalisation and oppressive regulation by the state.

This research reveals that only strong unions tend to defeat corruption. Strong unions are those that are able to foster internal cultures of democracy through networks of membership participation and communication, as free as possible from interference by a hostile media and political arena.

Indeed, the historical experience of union-busting in the United States provides clear evidence that regulation leads to weakness, desperation and further corruption within unions.

Almost every comparable advanced economy to Australia (including Britain, Sweden, Denmark and Germany) maintains strong codes of corporate regulation. Unions are not regulated by the State, and in many cases are protected by constitutional rights to collectively bargain, as well as the freedom of association (for instance the United States).

The Japanese Constitution specifically enshrines the right to form labour unions to advance the rights and interests of workers. In countries such as France, where limited regulation exists in respect to discrete issues like internal trade union elections, unions are provided a statutory and institutional role in the governance of the state.

In Australia, not only do unions lack any constitutional legal protection, they have suffered vigorous and sustained attack by Coalition federal governments since 1996. In 2007 these policies cost the Coalition an election.

The Coalition now has a choice to preserve industrial democracy and secure an easy electoral victory, or to continue the war on unions and lose their middle ground for the foreseeable future.

Authors: The Conversation Contributor

Read more http://theconversation.com/corporate-style-regulation-of-unions-wont-defeat-corruption-52759

Business News

How Telematics Helps Australian Companies Improve Productivity

Operating a commercial fleet in Australia is a uniquely demanding endeavour. Between the sprawling urban sprawl of cities like Sydney and Melbourne and the immense, unforgiving stretches of the Outb...

Daily Bulletin - avatar Daily Bulletin

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Bridge...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...