The HR Nicholls Society Submission to the Royal Commission into Union Corruption is now availiable for download, together with a cover letter by Publicity Officer Des Moore HERE:The Effect of Regulation on Union Governance and Corruption (covering letter by Des Moore) and you may click here for the media release. Des Moore wishes to note that:
Firstly, the HR Nicholls submission is to an extent limited by the terms of reference which do not refer specifically to the economic effects of existing arrangements. As the Abbott government has indicated that the Productivity Commission will at some stage be asked to undertake a comprehensive economic review, our submission does not attempt to cover all the adverse economic effects of the regulations, such as the minimum wage. That will be for another day. But there are both legal and economic implications in the Commission’s identification of “criminal conduct which includes widespread instances of physical and verbal violence, cartel conduct, secondary boycotts, contempt of court and other institutional orders, and the encouragement of others to commit these contempts”.
Second, my covering letter argues that the absence of any specific mention of economic implications in the terms of reference should not stop the Commission referring to them in its report(s). There is in a sense an interconnection between the legal and economic effects. The importance of having regulatory arrangements which stop or markedly reduce secondary boycotts is but one example. Accordingly, it is suggested that the Commission should in fact give more attention than appears so far to be the case to the adverse economic implications of the existing regulatory arrangements. The provision in the terms of reference to “the adequacy and effectiveness of existing systems of regulation” seems relevant and the identification of restrictive practices in the labour market indicates that adverse economic effects occur. Hence it is recommended that the Royal Commission draw attention to the likelihood of such effects in its report.