The Howard government’s IR reforms (including, but not limited to, the most recent instalment) are a curious mixture of deregulation and compulsion. On the one hand, all sorts of conditions and requirements are stripped away, but in their place there has been created an array of new criminal and civil offences, prohibited terms in contracts, requirements to offer particular employment forms such as AWAs and so on.
To make sense of this seeming contradiction, we need only observe that the deregulation is all for employers, and the regulation is all imposed on workers and, particularly, unions. Lockouts are now almost unrestricted, but strikes are subject to strict regulation. Employers cannot be sued for unfair dismissal, but employees are prohibited from including protection against unfair dismissal in a proposed employment contract and so on.
An obvious interpretation is the Marxist one, that this is class-based legislation, designed to increase profits and reduce wages by driving down workers’ bargaining power. That’s part of the story but not, I think, the most important part.
The real issue, I think, relates to the personal power relationship between employers and employees. The complaints of employers (some of them can be read in comments here) about bad employees and the difficulty of sacking them echo very closely the complaints of a century ago that ‘you can’t get good servants any more’. The changes made in the IR laws make most sense if they are read as an attempt to remove constraints on the day-to-day power of bosses to be bosses, whether these constraints are imposed by law, by collective agreements or by individual contracts with workers.
This also helps to explain some of the class alignments we see in politics. While political alignments continue to be determined to a significant extent by income, there are groups with relatively high incomes, such as academics and other professionsals, who tend to support Labor. On the other side of the fence, managers tend to vote Liberal more strongly than their incomes alone would suggest. The obvious point is that managers are, by definition, bosses. Professionals, who mostly in hierarchical institutions, can identify either as bosses or workers, but with the rise of managerialism, most professionals find themselves on the workers side of the divide.