Reflections on the Australian Pre-Strike Ballot Model
This concluding chapter considers how Australian pre-strike ballot requirements reflect the explicit (furthering industrial democracy) and implicit (inhibiting strike action) objectives that underpinned their introduction. After summarizing the practical operation and impact of the statutory requirements, the chapter describes stakeholder perceptions of the system in practice and in principle, and their views as to how it should be reformed. In conclusion, the chapter suggests the removal of the requirement under the Fair Work Act 2009 (Cth) for a union to apply to an industrial tribunal for permission to run a ballot. It advocates the replacement of the current complex model with a requirement that union rules contain provision for a ballot of members as a pre-condition of taking strike action, with the lawfulness of any subsequent strike being conditional upon being approved in such a ballot and subject to challenge only by the members of that union. So far as union members are concerned, this would do little more than accord formal recognition to the non-legislated democratic processes that are already the norm in Australian unions, but it would at least provide a basis for meaningful, democratic decision-making in relation to taking strike action. As such it would constitute a welcome repudiation of what the chapter describes as the hypocritical posturing that underpins current legislation in Australia (and the United Kingdom) which uses the rhetoric of democracy to deprive workers of their democratic right to take strike action to protect and to promote their legitimate social and economic interests.