‘Common law contracts cannot override awards, prevent the taking of industrial action or prevent the presence of uninvited unions to the workplace.’ Mr Platt said.

Mr Platt called upon the ALP to release the details of its industrial relations policy to enable critical review. In the area of agreement making the ALP needs to answer the following questions;

• How will their system of common law agreements allow employers to over ride inflexible awards?

• Will employers be able choose not to be involved in agreement making with a Union?

• How will employers who make agreements be protected from industrial action?

• Will the ALP policy prohibit payment during periods of industrial action?

• In the absence of the ABCC, what systems will be put in place to ensure the rule of law in the building industry and rapidly respond to the taking of unlawful industrial action in the Building and Construction sector?

• In the absence of the OEA what ‘body’ will be responsible for overseeing the lodgment of agreements – will hearings be required?

Since 1993 the Australian Industrial Relations system has been modernised to enable the employers and employees to determine workplace arrangements that meet their needs. Mr Platt reminds the ALP that “Now is not the time to reintroduce the Industrial Relations pendulum where political product differentiation results in reduced flexibility, productivity and investment in the Australian resource sector.”