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The NSW Green Paper Twenty Years On: A Reflection on the Future

Published online by Cambridge University Press:  01 January 2023

John Niland*
Affiliation:
UNSW and Vice-Chancellor 1992–2002

Extract

The 1989 Green Paper Transforming Industrial Relations in New South Wales, advanced 99 recommendations across a range of concerns. Some were quite prosaic, such as the scope for legal representation in tribunal proceedings and redrafting the regulations to the enabling legislation. Other measures, such as those to do with union amalgamations, OH&S in small business, and pay equity addressed problems specific to a system that was, at that time, the least reviewed in Australia. A third group of recommendations, which are more interesting in the current Australian policy climate, addressed the key design features of how an industrial relations system could be best made fit for purpose in a competitive world.

Most of the proposed changes were implemented, either through ministerial actions or through two pieces of legislation: the Industrial Arbitration (Enterprise Agreements) Act 1990 and the Industrial Relations Act 1991. By applying a green paper process, these changes followed periods of submission taking and considerable consultation, with extensive debate.

Type
Research Article
Copyright
Copyright © The Author(s) 2008

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References

Cawthone, F. (1982b) Review of the Industrial Conciliation and Arbitration Act, 1972–1981. Government Printer, South Australia.Google Scholar
Easson, , Shaw, J. (1990) Transforming Industrial Relations, Pluto Press.Google Scholar
Gittens, R. (1991) ‘Enterprise Bargaining: The Snake Oil for the National Malaise’, Sydney Morning Herald, 27 April.Google Scholar
Hancock Report (1985) Committee of Review into Australian Industrial Relations Law and Systems Report, AGPS, Canberra.Google Scholar
Hanger Report (1988) Industrial Conciliation and Arbitration Act, 1961–1987 of Queensland, Queensland Government Printer, Brisbane.Google Scholar
Isaac, J. E. (1979) ‘Professor Niland on Collective Bargaining and Compulsory Arbitration in Australia’, Journal of Industrial Relations, 21(4), pp. 466–76.CrossRefGoogle Scholar
Ludeke, J. T. (1984) ‘Is Now the Time for Radical Change?’, Journal of Industrial Relations, 26(2), pp. 254–66.CrossRefGoogle Scholar
Marshall Report (1986) Inquiry Into the Delivery of Services by the Industrial Relations Commission of Victoria, Report by K. D. Marshall, December mimeo.Google Scholar
Niland, J. R. (1978) Collective Bargaining and Compulsory Arbitration in Australia, UNSW Press.Google Scholar
Niland, J. R. (1990) ‘The Light on the Horizon: Essentials of an Enterprise Focus' in Easson, M., Shaw, J. (eds) Transforming Industrial Relations, Pluto Press, Sydney, pp. 182207.Google Scholar
Niland, J., Brown, W., Hughes, B. (1991) Breaking New Ground: Enterprise, Bargaining and Agency Agreements for the Australian Public Service: A Report Prepared for the Australian Minister of Industrial Relations, Canberra.Google Scholar
O'Brien, J. (1990) ‘Regulating Decentralised Industrial Relations: The Niland Prescription’, Journal of Industrial Relations, 32(4), pp. 544559.CrossRefGoogle Scholar
O'Donnell, V. (1995) ‘Up the Garden Path? Enterprise Bargaining and Decentralising in the NSW Public Service’, Journal of Industrial Relations, 37(2), pp. 203–17.CrossRefGoogle Scholar
Pragnell, B., O'Donnell, M. (1991) ‘A Failed Experiment?’: Enterprise Bargaining under the New South Wales Industrial Relations Act Working Paper 41.Google Scholar
Shaw, J. W. (1990) ‘Are Radical Changes Needed in the New South Wales Industrial Relations System?’ in Easson, M., Shaw, J.W. (eds) Transforming Industrial Relations, pp. 3752.Google Scholar
Shaw, J. W. (1992) ‘A New path to Conflict’, Workplace Summer.Google Scholar
Shaw, J. W., Walton, S. M. (1989) The Niland Report and Labour Law: A Critical Response, Australian Journal of Labour Law. 2(2), pp.197205.Google Scholar
Shaw, J. W., Walton, M. S. (1990) ‘Professor Niland and the Interest/Rights Dichotomy in Labour Law’, Australian Bar Review, 6(2), pp. 117123.Google Scholar
Shields, J. (2005) ‘Balancing fairness and flexibility: The NSW Commission 1981–1998’, Australian Review of Public Affairs, 19 September, available: http://www.australianreview.net/digest/2005/09/shields.html [accessed 12 April 2008].Google Scholar