How Ethical is the Australian Workplace Relations Act?

The paper raises a number of issues regarding the ethical character of the Coalition government s Australian Workplace Relations Act. While key principles such as freedom of association and freedom of choice are incorporated into the legislation, it is argued that equity is a higher order ethic. On the face of it, the language of the legislation addresses equity, but notwithstanding the Coalition s rhetoric, the legislation is anti-union, discourages collective bargaining and leans heavily towards individualised contracts. While those institutions which promote equity in process and outcome were jeopardised by the Labor government s Enterprise Flexibility Agreements, the Australian Workplace Agreements Act will further undermine equity by discouraging collective representation and collective bargaining. It is argued that without equity, an industrial relations system has diminished claims to an ethical character