If the unions aren't careful Tony Abbott will be forced to do something about them. It will only take a few more violent protests on building sites in Melbourne and one or two more lurid tales of union corruption out of Sydney for a future Abbott government to get to be brave enough to have a fundamental review of how trade unions operate in Australia.
The difference between what Tony Abbott might do to the unions as PM and what John Howard tried with Work Choices is that union thuggery and corruption is clear, obvious, and easily understood. Not all unions use violence as a negotiating strategy and not all union officials are corrupt. But that's not an excuse to turn a blind eye to instances where there is violence and corruption.
There are good reasons why the Coalition is reluctant to talk about industrial relations and wary of even uttering words like ''labour productivity''. The Coalition's fear is that anything the Coalition says about industrial relations will be likened to an attempt to bring back Work Choices. The ACTU's $30 million campaign against Work Choices and the Howard government did much more than help Kevin Rudd become prime minister in 2007. The campaign was so successful it scared off the Coalition leadership from touching industrial relations for at least a decade.
The beauty for the Coalition of talking about ''union governance'' instead of ''industrial relations'' is that the capacity of the ACTU to campaign against plans to reform ''union governance'' and reduce corruption is limited. There's little doubt what an inquiry into union behaviour and governance would find. The scandals in the Health Services Union and Australian Workers Union are the result of lax governance and minimal oversight, while the abolition of the Australian Building and Construction Commission removed effective enforcement against illegal behaviour.
In the wake of the HSU saga Eric Abetz, the opposition workplace relations spokesman, said union officials should face the same penalties as company directors for breaches of the law, including fines and jail. From this it's just one small step to having trade unions regulated by ASIC — a step the Coalition has so far resisted, but it's the logical conclusion of their position.
The disparity between the treatment of companies and unions can only be explained by the fact that few Labor Party ministers have been company directors, but many have been union bosses. The Gillard government wanted to impose a penalty on company directors of up to one-year imprisonment if they'd changed their address and hadn't informed ASIC within 28 days. Meanwhile, Fair Work Australia spends three years investigating Craig Thomson.
Having unions regulated by ASIC won't immediately stop violence on picket lines, but it would send the message that the era of one rule of unionists and one rule for every other member of the public is over. Unfortunately, it's a message that needs to be sent to those authorities meant to be upholding the law. In Victoria, the state government runs television advertisements gleefully telling motorists of how the police will relentlessly fine any driver travelling even just a little over the 40km per hour speed limit. Yet last month when protesters illegally picketed a Coles warehouse in Melbourne preventing employees from going to work the police stood by and did nothing.
The other area of trade union privilege a Coalition government is itching to overhaul is superannuation. Industry super funds connected to trade unions are granted special treatment under industrial relations legislation and they get benefits not available to for-profit funds.
The Coalition should never have agreed to support Labor's promise to increase the compulsory superannuation contribution to 12 per cent, but given that they did, the Coalition should have at least made their support conditional on having a level playing field for all superannuation funds. The Coalition didn't insist on this but they'll have the chance to fix their mistake if they get to form government.
Storm Financial, the financial planning company that went broke and lost millions in investors' funds was hardly representative of the financial advice industry. But that didn't stop the Labor government in the wake of the Storm collapse unleashing waves of new regulation on financial planners.
There's every chance a Coalition government will do to the unions what an ALP government did to the financial planning industry.