Joint consultative committees in Australia: An empirical update

This article explores the impact of legal and policy changes regarding management consultation with employees in Australia over the period 1991 to 2004. Whilst comprehensive data is available regarding the incidence of Joint Consultative Committees (JCCs) until 1995, little or no research has been conducted into the prevalence of JCCs in Australian workplaces since the Workplace Relations Act 1996 was passed, bringing with it a downgrading of statutory support for workplace consultation. Have these changes resulted in an increase or a decrease in consultative practices? If there has been a continued increase, what might have stimulated this unexpected development? Data from the Sydney University Workplace Research Centre's (formerly ACIRRT) Agreements Database and Monitor (ADAM) are considered in order to sketch a broad picture of JCCs in Australian Federal and State jurisdictions from 1991 to 2004 (although the data for 2004 was limited to state jurisdictions). The data suggests that the provision for JCCs in enterprise agreements increased in this period. The article finds that although this increase may have occurred in the absence of legislative backing, in order to act as democratic employee representative bodies, legislative support is required which stipulates both the powers and membership or constitution of ongoing mechanisms for consultation with employees. The article concludes by exploring several international comparisons that may guide legal and policy options for the further encouragement of workplace democracy in Australia.