Insolvency, trade unions – and the third way?

Abstract

This article reaffirms the positive role that trade unions have played in recent corporate insolvencies – ranging from their role as advocates for the rights of workers, to making recommendations to Parliamentary advisory bodies, to actually influencing the implementation of voluntary administration in order to ensure the continuation of worker’s employment. The article also considers possible outcomes of the Howard Government’s proposed labour reforms and emphasises the importance of legal theory in identifying power imbalances in the relationships between employers and employees.