As you may recall, a Federal Election was announced on 8 May 2016, after a double dissolution of Parliament that was triggered by the Senate's failure to pass a number of key pieces of industrial relations legislation (including bills to re-introduce the Australian Building and Construction Commission and establish a Registered Organisations Commission). The Federal Election was held on 2 July 2016, but at present the result is still uncertain, and there is no clear indication as to which party will claim victory, with the possibility of a hung Parliament still looming. It is difficult to say what this result will mean for the industrial relations legislation in question, as well as its broader impact on the future of labour and employment law in Australia.

However, it is apparent that even if the government is returned for a further term, the task of passing legislation will not be made easier by the composition of the newly elected Senate. It is likely the Senate will again comprise senators from across the political spectrum, including several crossbenchers from newly formed minor parties. If the bills in question once again fail to pass the Senate, then Parliament may have to proceed to a joint sitting. Thus, the future of this legislation remains very much in doubt.

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