Read The Times Australia

Daily Bulletin

Low bar for 'genuine consultation' set by UWA case feeds into crisis of legitimacy for Australian institutions

  • Written by: Tauel Harper, Senior Lecturer, Media and Communication, UWA, The University of Western Australia
Low bar for 'genuine consultation' set by UWA case feeds into crisis of legitimacy for Australian institutions

When Martin Forsey was presented with a proposal for change at his workplace that lacked a logical argument and used flawed data, he brought a case to the Fair Work Commission. The associate professor at the University of Western Australia argued that such a flawed proposal could not be used as the basis of “genuine consultation” about structural reform, as required under his enterprise agreement.

However, the commission has ruled the university was under no obligation to provide data, let alone accurate data, to justify its proposal. Staff had been given the opportunity to respond to the proposal, the commission said in its judgment. This meant UWA had clearly fulfilled its remit to provide “genuine consultation”, despite having created a proposal using incorrect enrolment data and then ignoring the vast majority of responses.

The term “genuine consultation” was included in the enterprise agreement. Presumably, this was done to imply that consultation will not be based on a cursory or misleading representation of the justification for change. However, while the commission assumed the university had included data that was “proven to be incorrect” because “it believed this data was persuasive”, it did not see this as an indication that the consultation could not be genuine.

The problem with this ruling does not sit necessarily in its adherence to the Fair Work Act. The problem is it simply doesn’t pass the pub test of common sense. In spelling out its finding, the commission outlined the dictionary definition of data “figures, statistics, etc”, but overlooked the dictionary definition of “genuine”:

truly what something is said to be, authentic; sincere.

In the real world, if your manager produced false data to justify the end of your career and called that “consultation”, would you understand that consultation to be authentic or sincere?

No, the manager wants you out, and out you’ll go – regardless of the consultation. That surely means the consultation can’t be authentic or sincere – or genuine. At least as far as the common person would understand it.

Why does being genuine and authentic matter?

In his vast body of work on communicative ethics, democracy and law, philosopher Jurgen Habermas repeatedly states that real authenticity has its own, inherent power. If something is correct, genuine or true, it can analysed almost endlessly because that truth is inherent and can easily be explained. As Habermas writes:

“The democratic procedure is institutionalised in discourses and bargaining processes by employing forms of communication that promise that all outcomes reached in conformity with the procedure are reasonable.”

The process of questioning as a way of finding truth is how democratic systems ensure their legitimacy. According to Habermas, in a legitimate system all claims should withstand scrutiny and interrogation – because they are true!

Our reality is defined by what we can all agree upon by “redeeming claims to truth”, as Habermas put it. So we have courts of law organised around the principle that people will be questioned and questioned again until the truth comes out. Our government is organised around the principle that if enough people can present their arguments, with enough scrutiny of those arguments, then the outcome of those debates should be legitimate.

Only by opening decisions up to cross-examination is it possible to present an outcome that stands up to public scrutiny.

The concern for our society is that Habermas always understood that these mechanisms of democratic legitimacy were embedded in a broader democratic public that would oppose illegitimacy and understand and act upon the inherent value of broad social truths. If this weren’t the case, he states in Between Facts and Norms, “then the experts’ perception of problems will prevail at the citizens’ expense”.

Habermas was an optimist in this respect. He believed democratic opinion and will formation were in some sense guaranteed in liberal democracy. Free speech, a free press and adversarial political parties should ensure some accountability in public statements.

White-haired man leans forward and gestures with his hand
Jurgen Habermas may have been too optimistic in his faith in a democratic public that understands and acts upon the inherent value of broad social truths. Európa Pont/Flickr, CC BY

‘Post-truth’ world challenges that optimism

To be accountable is to have to answer for one’s action and be responsible for the consequences. But as people with intimate experience of Australia’s federal politics and employment law are often finding out, this belief in a general demand for accountability seems mislaid.

Instead, politicians and employers bank on the notion that they won’t be asked to redeem their claims to truth and will not be held accountable if they lie or fail to deliver what they promised. This is what it means to be in a “post-truth” world.

The problem then is that people lose faith in democratic institutions that ought to be able to “redeem their claims to truth” but are not able to do so. In this way, our “democratic institutions” too often betray the trust citizens place in them. If enough citizens give up on believing in the legitimacy of our political and legal institutions, we end up in a vicious cycle of spin, deceit and manufactured ignorance.

Following this Fair Work Commission ruling on Forsey’s case, UWA has put sweeping changes in place. These changes have decimated UWA’s critical and social research capacity and ended the careers of many academics who would have legitimately criticised such decisions and their implications. A team of people who have made their careers out of questioning faulty logic have essentially had their life-long contribution to public knowledge curtailed by faulty logic. As a result, more faulty logic will go unquestioned.

At a time when Prime Minister Scott Morrison has called on universities to focus more on priorities such as the defence industry and less on critical research, Australians should not take our democracy for granted.

Authors: Tauel Harper, Senior Lecturer, Media and Communication, UWA, The University of Western Australia

Read more https://theconversation.com/low-bar-for-genuine-consultation-set-by-uwa-case-feeds-into-crisis-of-legitimacy-for-australian-institutions-172480

Business News

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Choosing an ELISA Format That Matches Your Target

A colorimetric ELISA ends with a plate that has developed color, and the instinct is to read more ...

Why Accurate Measurements Matter When Ordering Flatpack Cabinets

Ordering flatpack cabinets can make a renovation or storage project more manageable, but the proce...

How Long Does Interstate Freight Take in Australia?

If you have ever arranged for stock, equipment or materials to travel from one Australian state to a...

How AEC Firms Can Scale Faster Without Sacrificing Project Quality

Growth presents a fundamental dilemma for architecture, engineering, and construction firms: expan...

What Makes an Aesthetic Clinic Worth Going Back To?

Trying an aesthetic clinic for the first time can feel like a bit of a gamble. You can read review...

Elevate Your Morning Routine with Cafe-Style Coffee at Home with the Right Coffee Machine

There's something magical about that first sip of coffee in the morning. It’s more than just a bev...

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...