Democratic Rationales for Pre-Strike Ballots

Abstract

Abstract Chapter 7 interrogates the central issue in the book—the extent to which pre-strike ballot requirements give effect to the democratic rights of individual workers and the public interest in ensuring that the exercise of strike action is based on democratic decision-making. It argues that pre-strike ballot requirements are imposed on trade unions in a very different context when compared with other forms of political or industrial contests. The chapter analyses unions’ democratic processes in three interrelated, but different, key decisions in the process to take strike action under the Fair Work Act 2009 (Cth): (i) the decision to apply for an order for a pre-strike ballot to be held; (ii) the decision to approve proposed industrial action in a pre-strike ballot; and (iii) the decision to take approved industrial action after such action has been approved in a pre-strike ballot. Each of these decisions occurs within the context of the legal and industrial relations framework, and the democratic processes involved are inevitably shaped by those frameworks. The evidence presented in this chapter suggests that the first and third decisions are generally conducted in a manner that allows for participatory democratic processes. However, when union members vote in a pre-strike ballot, there is little evidence of the kinds of practices that typically characterize a participatory democratic model. Instead, union engagement with members is focused on educating them about the legal requirements and the consequences of abstention or a no vote in associated bargaining, rather than on the arguments for and against the proposed industrial action.