1.15 After the passage of the Labour Relations Act, with significant amendments requested by the Senate, the government had less success with subsequent amendments to the act. Many of the changes the government has sought to make to the legislation since 1996 have been thwarted by the opposition and other parties in the Senate. That is true, but the extent of the government`s failure should not be exaggerated. It is customary for the government to assert that its IR legislative agenda has been regularly blocked in the Senate, but until June 30, 2005, the coalition ensured the passage by the Senate of 18 labour relations bills. Five of these were supported and adopted without amendment by all parties, including the very broad Workplace Relations Act 2002 (registration and accountability of organizations). An impartial body charged with defending freedom of association would work tirelessly to prevent AWAs from being used to unionize jobs. However, because of its role in promoting AEAs, the OAS has done virtually no action against companies that use AWAs for disedition. For example, in many cases of the Federal Court of Justice, the OAS remained silent when it was alleged that AWAs were used for the waterfront jobs union, in the banking sector and in the mining industry.  1.33 One of the main criticisms of the use of ABS data to support the view that coverage of the various agreements is increasing rapidly is the way the ABS classifies employees. Professor Ellem pointed out: 2.68 The Committee believes that the concerns expressed in the views of the government`s intention to further simplify the agreement will be realized after the adoption of WorkChoices legislation.
Of particular alarm is the government`s policy of radically changing and weakening the federal allocation system, which is currently the basis and structure of individual and collective collective agreements. 1.6 The other aspect of this argument is strongly based on the need to continue the work begun by the 1993 legislation, which launches enterprise agreements that are largely based on the assumption that economic needs require further movements in this direction. In other words, reform must follow reform in a continuous cycle of maintaining maximum productivity. Staying at a standstill is backwards. Proponents of this reasoning stress its importance at a time when the country`s economy faces relentless global competition. 2.24 The Committee notes that the main objective of the ACCORDS is to individualize the process of agreement between employers and workers, not the outcome of the negotiations. This is why AEAs are increasingly standard agreements offered to workers in the same classification in similar sectors. A number of case studies confirm the use of standardized AEAs or models. Studies by Dr. Kristen van Barneveld on the practical functioning of AEAs in the hospitality and restaurant sector have shown that employers are not interested in individual agreements, but use AEA models: 2.31 In light of these precautions, the Committee finds that UNWTO surveys of employers in May 2002 and 2004 do not support the government`s position on wages under the ACCORDS and collective agreements.
There is no evidence that wages for AWA workers have increased faster than in collective agreements.