DOCSLIB.ORG

Australian Council of Trade Unions Is the Peak Body Representing Almost 2 Million Working Australians

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Australian Council of Trade Unions Is the Peak Body Representing Almost 2 Million Working Australians Inquiry into the Workplace Relations Framework ACTU Submission to the Productivity Commission This submission uses unit record data from the Household, Income and Labour Dynamics in Australia (HILDA) Survey. The HILDA Project was initiated and is funded by the Australian Government Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) and is managed by the Melbourne Institute of Applied Economic and Social Research (MIAESR). The findings and views reported in this report, however, are those of the authors and should not be attributed to either FaHCSIA or the MIAESR. i Table Contents Table Contents ..................................................................................................... ii Index to Tables .................................................................................................. viii Index to Figures ................................................................................................... ix Appendices .......................................................................................................... xi Abbreviations ...................................................................................................... xii Key points and observations .............................................................................. 1 Chapter 1 First Principles: The Purpose of Industrial Relations Regulation. ............................................ 13 Chapter 2 The International Context ................................................................................. 19 Chapter 3 Competition Policy ............................................................................................. 26 Chapter 4 Labour Market Trends in the 21st Century: Australia and beyond. ............... 30 ii Chapter 5 Measuring the Economic Impacts of Industrial Relations Regulation: (A) Macroeconomic effects. .............................................................................. 76 Chapter 6 Measuring the Economic Impacts of Industrial Relations Regulation: (B) Compliance Costs ........................................................................................ 83 Chapter 7 Measuring the Economic Impacts of Industrial Relations Regulation: ............. (C) Gaps and Avoidance Incentives. ................................................................ 87 Chapter 8 The Safety Net: (1) Minimum Wages ........................................................................................ 112 Chapter 9 The Safety Net: (2A) The Award System. .................................................................................. 142 Chapter 10 The Safety Net: (2B) Penalty Rates .......................................................................................... 149 Chapter 11 The Safety Net: (3) National Employment Standards. ............................................................ 168 Chapter 12 The Safety Net: (4) Resolving Disputes ......................................................... 191 iii Chapter 13 The Safety Net: (5) Flexibility beyond and within. .................................................................... 193 Chapter 14 Collective Bargaining: (1) Making an agreement. .............................................................................. 210 Chapter 15 Collective Bargaining: (2) Barriers to fair, efficient and effective agreement making in the Public Sector ............................................................................................................... 246 Chapter 16 Collective Bargaining: (3) While an Agreement is in Operation ........................................................ 271 Chapter 17 Individual Arrangements ................................................................................. 275 Chapter 18 Employment Protections (1) Unfair Dismissal......................................................................................... 301 Chapter 19 Employment Protections: (2) Unlawful Termination and General Protections ...................................... 318 Chapter 20 Employment Protections: (3) Workplace Bullying .................................................................................... 327 iv Chapter 21 Accessing Workplaces .................................................................................... 335 Chapter 22 Institutional Performance. .............................................................................. 347 v About the ACTU The Australian Council of Trade Unions is the peak body representing almost 2 million working Australians. The ACTU and its affiliated unions have a long and proud history of representing workers’ industrial and legal rights and advocating for improvements to legislation to protect these rights. vi Index to Tables Table 1: Features of the Conciliation & Arbitration and Fair Work Systems ................................... 15 Table 2: Employee preferring more hours and number of extra hours, Australia, 2013 ............... 37 Table 3: Employees by employment category, Australia 2001 & 2013 (%) .................................... 39 Table 4: Entitlement to flexible start and finish times, Australia 2013 (%) .................................... 44 Table 5: Reported overskilling in employment (%)............................................................................ 62 Table 6: Employment in selected industries, Australia 2000 to 2014 ........................................... 70 Table 7: Male full-time employment to population ratios, skilled and unskilled by selected age groups .................................................................................................................................................. 74 Table 8: Indicia and the multi-factor test .......................................................................................... 91 Table 9: Minimum wage bite in selected years since 1990 .......................................................... 118 Table 10: Method of setting pay for employees based on employer reported data, per cent of employees ......................................................................................................................................... 145 Table 11: Penalty Rate Scenarios for Nurses – Example A............................................................ 166 Table 12: Penalty Rate Scenarios for Nurses – Example B ........................................................... 166 Table 13: Features of Long Service Leave Schemes ...................................................................... 176 Table 14: Portable, industry-based Long Service Leave Schemes ................................................ 177 Table 15: Collective Agreements Lodged and Approved ................................................................ 202 Table 16: Collective Agreements Not Approved .............................................................................. 203 Table 17: Proportion of agreements not approved ......................................................................... 203 Table 18: Agreements not approved v. applications withdrawn .................................................... 203 Table 19: Reasons for approval applications not being approved 2009/10 to 2011/12 .......... 204 Table 20: The FW Act and Coverage of the State, Territory and Local Public Sector ................... 254 Table 21: Method of Setting Pay by Gender ................................................................................... 297 Table 22: Method of Setting Pay by Occupation ............................................................................. 297 Table 23: Method of Setting Pay by Occupation ............................................................................. 299 Table 24: Injured Workers’ protection from involuntary termination ............................................ 325 Table 25: Breakdown of applications made to the FW Commission 2013/14 ............................ 351 vii Index to Figures Figure 1: Growth in employment (left) and hours worked (right), Australia 2000 to 2015 ........... 33 Figure 2: Underemployment and unemployment rates, Australia 1994 to 2013 .......................... 35 Figure 3: Employees preferring more hours of work, by sex and hours status, Australia 2001 to 2013 .................................................................................................................................................... 36 Figure 4: Deficit in hours for employees preferring more hours of work, by sex and hours status, Australia 2001 to 2013 ...................................................................................................................... 38 Figure 5: Growth rates in employee numbers, by employee category, Australia 2001 to 2011 ... 40 Figure 6: Growth rates in employees numbers, by employee category and sex, Australia 2001 to 2011 .................................................................................................................................................... 41 Figure 7: Average weekly hours, by hours, employee category and sex, Australia 2001 to 2011 42 Figure 8: Various attributes of jobs, by employee category, Australia 2001 to 2013 .................... 45 Figure 9: Wages and inflation, Australia 1950 to 2014 ................................................................... 49 Figure 10: Inter-quartile dispersion in real wages, full-time employees, Australia 1982 to 2012 51 Figure 11:Growth in real wages by quintile, full-time employees, Australia 1981 to 2012........... 52 Figure
Load more

Recommended publications
  • DA 1/2015 in the Matter Between: HOSPERSA OBO TS TSHAMBI
    IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, DURBAN Reportable Case no: DA 1/2015 In the matter between: HOSPERSA OBO TS TSHAMBI Appellant and DEPARTMENT OF HEALTH, KWAZULU –NATAL Respondent Heard: 25 February 2016 Delivered: 24 March 2016 Summary: Section 24 of the LRA provides for arbitration of disputes about the ‘interpretation or application’ of collective agreements– interpretation of – section provides for a dispute resolution device ancillary to collective bargaining, not to be used to remedy an unfair labour practice under pretext that a term of a collective agreement has been breached. The phrase ‘interpretation or application’ is not to be read disjunctively – the ‘enforcement’ of the terms of a collective agreement is a process which follows on a positive finding about ‘application’ not a facet of ‘application’. A dispute about an employer’s failure to pay an employee during period of suspension pending a disciplinary enquiry is, properly characterised, an unfair labour practice about unfair suspension as contemplated in section 186(2) (b) of the LRA. 2 An arbitrator must characterise a dispute objectively, not slavishly defer to the parties’ subjective characterisation- failure to do so is an irregularity. The determination of what constitutes a reasonable time within which to refer a dispute when no fixed period is prescribed for that category of dispute, such as a section 24 dispute, is a fact-specific enquiry having regard to the dynamics of labour relations considerations – where for example the dispute may be understood as a money claim, the prescription laws are irrelevant. Labour court reviewing and setting aside award in which arbitrator deferred to an incorrect characterisation of a dispute and ordering the matter to be heard afresh upheld and appeal against order dismissed.
    [Show full text]
  • Enterprise Bargaining Agreements and the Requirement to ‘Consult’
    About the Institute of Public Affairs The Institute of PuBlic Affairs is an independent, non-profit puBlic policy think tank, dedicated to preserving and strengthening the foundations of economic and political freedom. Since 1943, the IPA has been at the forefront of the political and policy debate, defining the contemporary political landscape. The IPA is funded By individual memBerships and subscriptions, as well as philanthropic and corporate donors. The IPA supports the free market of ideas, the free flow of capital, a limited and efficient government, evidence-Based puBlic policy, the rule of law, and representative democracy. Throughout human history, these ideas have proven themselves to be the most dynamic, liBerating and exciting. Our researchers apply these ideas to the puBlic policy questions which matter today. About the authors Gideon Rozner is an Adjunct Fellow at the Institute of PuBlic Affairs. He was admitted to the Supreme Court of Victoria in 2011 and spent several years practicing as a lawyer at one of Australia’s largest commercial law firms, as well as acting as general counsel to an ASX-200 company. Gideon has also worked as a policy adviser to ministers in the AbBott and TurnBull Governments. Gideon holds a Bachelor of Laws (Honours) and a Bachelor of Arts from the University of MelBourne. Aaron Lane is a Legal Fellow at the Institute of PuBlic Affairs. He specialises in employment, industrial relations, regulation and workplace law. He is a lawyer, admitted to the Supreme Court of Victoria in 2012. He has appeared before the Fair Work Commission, the Productivity Commission, and the Senate Economics Committee, among other courts and triBunals.
    [Show full text]
  • Practice and Procedure Manual
    PRACTICE AND PROCEDURE MANUAL 5th Edition November 2010 101 Table of Contents Chapter 1 Introduction 101 Chapter 2 Functions, Jurisdiction and Powers Generally 201 Chapter 3 Notice and service 301 Chapter 4 Representation 401 Chapter 5 Referrals and initial administration 501 Chapter 6 Pre-conciliation 601 Chapter 7 Con-Arb 701 Chapter 8 Conciliation 801 Chapter 9 Certificates 901 Chapter 10 Settlement agreements 1001 Chapter 11 Request for arbitration, pre-arbitration procedures and subpoenas 1101 Chapter 12 Arbitrations 1201 Chapter 13 Admissibility and evaluation of evidence 1301 Chapter 14 Awards 1401 Chapter 15 Applications 1501 Chapter 16 Condonation applications 1601 Chapter 17 Rescissions and variations 1701 Chapter 18 Costs and taxation 1801 Chapter 19 Enforcement of settlement agreements and arbitration awards 1901 Chapter 20 Pre-dismissal arbitration 2001 Chapter 21 Review of arbitration awards 2101 Chapter 22 Contempt of the Commission 2201 Chapter 23 Facilitation of retrenchments in terms of section 189A of the LRA 2301 Chapter 24 Intervention in disputes in terms of section 150 of the LRA 2401 102 Chapter 25 Record of proceedings 2501 Chapter 26 Demarcations 2601 Chapter 27 Picketing 2701 Chapter 28 Diplomatic consulates and missions and international organisations 2801 Chapter 29 Index 2901 101 Chapter 1: Introduction 1.1 This manual records the practices and procedures of the CCMA. It is a work in progress and the intention is to continuously improve and update it, particularly as and when practices and procedures change. The manual is written in a question and answer format. It was not intended to cover every possible question. The questions covered are those which most commonly arise in the every day work environment.
    [Show full text]
  • Australian Journal of Labour Law (AJLL) Volume 33 Part 1 (Guest Editors’ Introduction and Articles Included in This Part Are Linked to the Lexisnexis Platform)
    Australian Journal of Labour Law (AJLL) Volume 33 Part 1 (guest editors’ introduction and articles included in this part are linked to the LexisNexis platform) CONTENTS Guest Editors’ Introduction The Fair Work Act in 2020 Hindsight: The Current Multifaceted Crisis and Prospects for the Future — Kurt Walpole, Nic Kimberley and Shae McCrystal 1 The Fair Work Act 2009 (Cth) has reached the significant milestone of 10 years in operation, and is the first Australian labour law regime to endure so long since the first moves away from conciliation and arbitration in the late 1980s. This Special Issue brings together expert analyses that address aspects of the Act that have received relatively little scholarly attention, such as the National Employment Standards, modern awards and union right of entry, as well as key issues including wages and agreement-making, enforcement of the Act and individual protections and the overall state of Australian unions. In this introduction to the Special Issue, we look back at the political and academic debates surrounding the Fair Work Act over its first decade of operation. This review reveals an apparent paradox — whereas academic analyses point to a ‘multifaceted crisis’ of wage stagnation, declining collective agreement coverage and underpayment of wages, two major reviews of the Act have concluded that the legislation is operating effectively to achieve its objectives. The other articles in this special issue identify shortcomings of the Fair Work Act and propose constructive improvements in their focus areas. However, we suggest that Australian labour law will effectively grapple with addressing the current crises only if debates interrogate the normative principles underpinning the law.
    [Show full text]
  • Industrial Relations Act 2016
    Queensland Industrial Relations Act 2016 Current as at 31 August 2017 Queensland Industrial Relations Act 2016 Contents Page Chapter 1 Preliminary Part 1 Introduction 1 Short title . 47 2 Commencement . 47 3 Main purpose of Act . 47 4 How main purpose is primarily achieved . 48 5 Act binds all persons . 50 Part 2 Interpretation 6 Definitions . 50 7 Who is an employer . 50 8 Who is an employee . 51 9 What is an industrial matter . 51 Part 3 General overview of scope of Act 10 Purpose of part . 52 11 Definition for part . 52 12 Who this Act applies to generally . 52 13 Who this Act applies to—particular provisions . 54 Chapter 2 Modern employment conditions Part 1 Preliminary 14 Definitions for chapter . 54 15 Meaning of long term casual employee . 55 Part 2 Interaction of elements of industrial relations system 16 What part is about . 55 17 Relationship between Queensland Employment Standards and other laws . 56 18 Relationship between Queensland Employment Standards and industrial instruments . 56 Industrial Relations Act 2016 Contents 19 Relationship of modern award with certified agreement . 56 20 Relationship of modern award with contract of service . 57 Part 3 Queensland Employment Standards Division 1 Preliminary 21 Meaning of Queensland Employment Standards . 57 Division 2 Minimum wage 22 Entitlement to minimum wage . 58 Division 3 Maximum weekly hours 23 Maximum weekly hours . 58 24 Applicable industrial instruments may provide for averaging of hours of work . 59 25 Averaging of hours of work for employees not covered by applicable industrial instruments . 60 26 Deciding whether additional hours are reasonable .
    [Show full text]
  • Interpretation of Union Membership Eligibility Rules in the Modern Award Era
    SHIFTING THE GOALPOSTS: INTERPRETATION OF UNION MEMBERSHIP ELIGIBILITY RULES IN THE MODERN AWARD ERA Australian Labour Lawyers Association 8th National Conference, 4-5 November 2016, Melbourne Daniel White1 (Special Counsel, Perth), Mills Oakley Lawyers, [email protected] Abstract The interpretation of union membership eligibility rules (union rules) has attracted considerable attention from Courts and Tribunals. The amalgamation of unions over the years has by no means assisted, resulting in ambiguous and confusing union rules which are very difficult to interpret. Union rules also overlap considerably, resulting in claims of membership coverage by multiple unions paving the way for costly demarcation disputes. As of 1 July 2009 the new Fair Work Act 2009 (Cth) placed unions as bargaining representatives at centre stage of the collective enterprise-based bargaining regime. The result has drawn particular focus back to union rules as the source of eligibility to be a bargaining representative and the rights and obligations that flow from that. Awards have historically played an important role in carving out union “turf” under previous legislative schemes and thus assisted in defining the scope of union rules. However as of 1 January 2010, the introduction of Modern Awards, which do not name unions as being “a party”, has opened up the way for some unions to contest coverage and even venture into “new turf”. This paper will reflect on the key decisions concerning the interpretation of union rules, examine the patterns/trends taken by the Courts and Tribunals concerning union rules in the Modern Award era (particularly around bargaining) and promote some ideas for further debate around union rules.
    [Show full text]
  • Employment & Labour Law 2018
    ICLG The International Comparative Legal Guide to: Employment & Labour Law 2018 8th Edition A practical cross-border insight into employment and labour law Published by Global Legal Group with contributions from: A. Lopes Muniz Advogados Associados Koushos Korfiotis Papacharalambous LLC BAS – Sociedade de Advogados, SP, RL Lakshmikumaran & Sridharan Carnelutti Law Firm Latournerie Wolfrom Avocats CDZ Legal Advisors Law firm Šafar & Partners, Ltd Debarliev, Dameski and Kelesoska, Attorneys at Law Mariscal & Abogados, Asociados Deloitte Kosova Sh.p.k. McCann FitzGerald Deloitte Legal Sh.p.k. Meridian Law Chambers DQ Advocates Limited Mori Hamada & Matsumoto EmpLaw Advokater AB Pachiu & Associates Erdinast, Ben Nathan, Toledano & Co. Advocates People + Culture Strategies FCLAW – LAWYERS & PRIVATE NOTARIES Rátkai Law Firm GANADO Advocates SEUM Law Global Law Office Shahid Law Firm Gün + Partners Skrine Gürlich & Co. Stikeman Elliott LLP Hamdan AlShamsi Lawyers and Legal Consultants Sulaiman & Herling Attorneys at Law Hogan Lovells Udo Udoma & Belo-Osagie Homburger Wildgen S.A. Hughes Hubbard & Reed LLP Winkler Partners The International Comparative Legal Guide to: Employment & Labour Law 2018 General Chapter: 1 Where Next for the Gig Economy? – Stefan Martin & Jo Broadbent, Hogan Lovells 1 Country Question and Answer Chapters: 2 Albania Deloitte Legal Sh.p.k.: Sabina Lalaj & Ened Topi 5 Contributing Editors Stefan Martin & 3 Australia People + Culture Strategies: Joydeep Hor & Therese MacDermott 15 Jo Broadbent, Hogan Lovells 4 Bahamas Meridian Law Chambers: Dywan A – G. R. Rodgers 22 Sales Director Florjan Osmani 5 Brazil A. Lopes Muniz Advogados Associados: Antônio Lopes Muniz & Zilma Aparecida S. Ribeiro 28 Account Director Oliver Smith 6 Canada Stikeman Elliott LLP: Patrick L.
    [Show full text]
  • The Labour Court of South Africa, Held at Johannesburg
    Of interest to other Judges THE LABOUR COURT OF SOUTH AFRICA, HELD AT JOHANNESBURG Case no: J1746/18 In the matter between: JOHANNESBURG METROPOLITAN BUS Applicant SERVICES SOC LTD and DEMOCRATIC MUNCIPAL AND ALLIED First Respondent WORKERS UNION SOUTH AFRICAN MUNICIPAL WORKERS Second Respondent UNION INDEPENDENT MUNICIPAL AND ALLIED Third Respondent TRADE UNION PERSONS LISTED IN ANNEXURE “A” TO Fourth and further THE NOTICE OF MOTION Respondents Heard: 24 May 2018 Delivered: 04 June 2018 Summary: (s 68(3) of the LRA – curtailment of proceedings by agreement – salutary cost order nonetheless appropriate – final strike interdict – respondents not bound by collective agreements on grievances or collective bargaining – Page 2 council agreement not yet applicable to applicant – strike demands not rendering strike unprotected – application dismissed ) JUDGMENT LAGRANGE J Background [1] This is an urgent application for a final interdict to prevent a strike which was due to commence on 28 May 2017. The applicant, Metrobus, applies for two alternative forms of relief. It is opposed by the first respondent, the union DEMAWUSA. [2] Firstly, Metrobus seeks to interdict a strike on the basis that the dispute was prematurely referred to conciliation in breach of a grievance procedure forming part of the main agreement of the SALGBC, which it claims is applicable to the members of DEMAWUSA who intend to strike. In the alternative, it seeks a final order preventing them from embarking on the strike until a dispute regarding the application of the Main Agreement and the Salary and Wage Agreement of the bargaining council has been determined. Ordinarily, such an order is sought on an interim basis pending the outcome of the dispute referred to the bargaining council, but Metrobus has chosen to frame it as final relief.
    [Show full text]
  • CCMA Practice and Procedure Manual
    PRACTICE AND PROCEDURE MANUAL 7th Edition November 2014 PRACTICE AND PROCEDURE MANUAL 7th Edition November 2014 1 Table of Contents Chapter 1 Introduction 101 Chapter 2 Functions, jurisdiction and powers generally 201 Chapter 3 Notice and service 301 Chapter 4 Representation 401 Chapter 5 Referrals and initial administration 501 Chapter 6 Pre-conciliation 601 Chapter 7 Con-Arb 701 Chapter 8 Conciliation 801 Chapter 9 Certificates 901 Chapter 10 Settlement agreements 1001 Chapter 11 Request for arbitration, pre-arbitration procedures and subpoenas 1101 Chapter 12 Arbitrations 1201 Chapter 13 Admissibility and evaluation of evidence 1301 Chapter 14 Awards 1401 Chapter 15 Applications 1501 Chapter 16 Condonation applications 1601 Chapter 17 Rescissions and variations 1701 Chapter 18 Costs and taxation 1801 Chapter 19 Enforcement of settlement agreements and arbitration awards 1901 Chapter 20 Pre-dismissal arbitration 2001 Chapter 21 Review of arbitration awards 2101 Chapter 22 Contempt of the Commission 2201 Chapter 23 Facilitation of retrenchments in terms of section 189A of the LRA 2301 Chapter 24 Intervention in disputes in terms of section 150 of the LRA 2401 2 Chapter 25 Record of proceedings 2501 Chapter 26 Demarcations 2601 Chapter 27 Picketing 2701 Chapter 28 Diplomatic consulates and missions and international organisations 2801 Chapter 29 Index 2901 101 Chapter 1: Introduction 1.1 This manual records the practices and procedures of the CCMA. It is a work in progress and the intention is to continuously improve and update it, particularly as and when practices and procedures change. The manual is written in a question and answer format. It was not intended to cover every possible question.
    [Show full text]
  • European Socialism and Communism Communist Interventions, Volume I
    European Socialism and Communism Communist Interventions, Volume I Communist Research Cluster 2014 Reasoning about history is inseparably reasoning about power Guy Debord Preface We present here a history of twentieth-century communism through primary sources, divided into fourteen chapters arranged in chronological order. Each chapter deals with a historical moment or theoretical debate, and contains an amount of reading appropriate for one week's time. We hope that this reader will provide the foundation for seminars and reading groups. Tarrying with the history of twentieth-century communism is difficult: these texts issue a clar- ion call for human emancipation. At times, their authors seem almost hubristic. They confidently proclaim that the future belongs to communism. Yet, if these pages begin with a confident outlook, they end in despair. The twentieth century looks, to us, much as Walter Benjamin suggested the past did to the Angel of History: \Where we see the appearance of a chain of events, he sees one single catastrophe, which unceasingly piles rubble on top of rubble and hurls it before his feet." Why should we feel compelled to revisit this history, today? In compiling these texts, we hope to transmit a series of revolutionary perspectives. However { and this point bears repeating { we do not think that one can find answers to the burning questions of the present moment in the revolutionary theories of the past. It would be foolish to search these pages for the \right" perspective to adopt. Nevertheless, a historical awareness may prove useful, for at least two reasons. It has the po- tential to free us from overly simple perspectives on our own times.
    [Show full text]
  • An International Comparative Study of Conflict on the Waterfront
    AnPETER International TURNBULL Comparative AND DAVID Study SAPSFORDof Conflict on the Waterfront Hitting the Bricks: An International Comparative Study of Conflict on the Waterfront PETER TURNBULL* and DAVID SAPSFORD Although many longshoremen have a deserved reputation for militancy, the waterfront has been remarkably peaceful in some countries. The propensity of longshoremen to strike is explored in a historical and international comparative context, looking beyond industry-level variables to determine the nature and causes of industrial action. The incidence of strikes on the waterfront depended ultimately on the propriety of labor regulation, most notably the operation of dif- ferent “dock labor schemes” in combination with union leadership, management policy, and the efficacy of dispute resolution procedures. Introduction Whatever their nomenclature—longshoremen, dockers, wharfies, or watersiders—the people who work in the world’s ports have a reputation for militancy. Their proclivity to strike was noted by Kerr and Siegel (1954), who in their seminal study of the interindustry propensity to strike ranked longshoremen alongside miners, sailors, and loggers as one of the “isolated masses” of society, people with an “independent spirit” who perform dangerous, dirty, and unpleasant work that inclines them to be more vigorous and combative. More detailed studies of waterfront labor relations have likewise noted the importance of “certain widely prevalent conditions of dockwork” that combine to “produce a universal *Cardiff Business School, Cardiff University and Management School, University of Lancaster. E-mail: [email protected]. The financial support of both the Leverhulme Trust and the Economic and Social Research Council is gratefully acknowledged. We are grateful to Paul Edwards, David Levine, and three anonymous referees for their comments on earlier drafts of this article.
    [Show full text]
  • The Need for Further Reform of the Law Relating to Industrial Action
    Parliament of Australia Department of Parliamentary Services Parliamentary Library Information, analysis and advice for the Parliament RESEARCH PAPER www.aph.gov.au/library 25 June 2008, no. 33, 2007–08, ISSN 1834-9854 Striking a balance: the need for further reform of the law relating to industrial action Jane Romeyn Research Branch1 Executive summary • A ‘right to strike’ has been widely recognised as a fundamental element of stable collective bargaining. Industrial action is one of the essential means available to employees to promote and protect their economic and social interests and resolve industrial disputes. Employers may also use industrial action (for example through lockouts). • Legislative frameworks have long been recognised internationally as having an important role to play in equalising power bases and promoting stable bargaining by establishing the ‘rules for the game’. A defined right to strike forms an important part of those rules. • In defining the rules of the game, the International Labour Organisation (ILO) attempts to ensure that the right of parties to take industrial action is balanced against other fundamental rights of workers, employers and the public—such as the freedom of non- strikers to work and the right to protection of property and personal safety. This is sometimes misunderstood by governments which, in attempting to protect the ‘public interest’, impose constraints that effectively limit any successful industrial action and thereby, impair the important role of industrial action in collective bargaining. 1. The author wishes to thank the four external academics who refereed the paper, as well as the staff of the Parliamentary Library who provided comments and assistance in finding materials.
    [Show full text]