scholarly journals Industrial legislation in Australia in 2019

2020 ◽  
Vol 62 (3) ◽  
pp. 425-445 ◽  
Author(s):  
Eugene Schofield-Georgeson ◽  
Michael Rawling

In this 2019 electoral year, a federal Morrison Liberal Government was returned to power with little in the way of an industrial agenda. It failed to implement its key legislation, which mainly included reform to union governance and changes to religious freedom in the workplace. Meanwhile, the state governments, particularly the Victorian Andrews Labor Government, reviewed a swathe of labour law, including wage theft, industrial manslaughter, owner–driver legislation and workers' compensation laws and implemented a host of progressive changes. This year has also seen the continuation of a key policy trend, observable at both state and federal levels of government, towards regulation of aspects of industrial relations by the state that were once exclusively the province of employers and trade unions through a twentieth-century system of conciliation and arbitration.

2021 ◽  
pp. 002218562110082
Author(s):  
Eugene Schofield-Georgeson

In 2020, the Federal Morrison Liberal Government scrambled to respond to the effects of the international coronavirus pandemic on the Australian labour market in two key ways. First, through largescale social welfare and economic stimulus (the ‘JobKeeper’ scheme) and second, through significant proposed reform to employment laws as part of a pandemic recovery package (the ‘Omnibus Bill’). Where the first measure was administered by employers, the second was largely designed to suspend and/or redefine labour protections in the interests of employers. In this respect, the message from the Federal Government was clear: that the costs of pandemic recovery should be borne by workers at the discretion of employers. State Labor Governments, by contrast, enacted a range of industrial protections. These included the first Australia ‘wage theft’ or underpayment frameworks on behalf of both employees and contractors in the construction industry. On-trend with state industrial legislation over the past 4 years, these state governments continued to introduce industrial manslaughter offences, increased access to workers’ compensation, labour hire licensing schemes and portable long service leave.


2018 ◽  
Vol 93 ◽  
pp. 151-175 ◽  
Author(s):  
Didem Özkiziltan ◽  
Aziz Çelik

AbstractThe 1961 constitutional reform in Turkey recognized the right to strike and granted other rights and freedoms related to the collective actions of labor. Conventional wisdom holds that Turkish trade unions became independent of the state power with class-based interests only after this reform. Across mainstream literature, this is considered, in historical institutionalist terms, as the first critical juncture in Turkey's industrial relations. This paper provides a critical account of the institutional continuity, development, and change that took place in Turkey's industrial relations starting from its establishment as a republic in 1923 until the end of the 1950s, by considering the socioeconomic and legal-political environment during these years. Considering the historical evidence employed, and under historical institutionalism, it is argued that the first critical juncture in the country's industrial relations occurred in 1947, when the ruling cliques permitted the establishment of trade unions. In this paper, it is purported that the consensus reached by the trade unions on the necessity of the right to strike from the mid-1950s onwards initiated a peaceful class struggle between Turkish labor and the state, which gradually steered the industrial relations toward the second critical juncture following the promulgation of the 1961 constitution.


2009 ◽  
Vol 5 (4) ◽  
pp. 393-416 ◽  
Author(s):  
Aristea Koukiadaki

The 2002/14/EC Directive establishing a general framework for informing and consulting employees in the European Community allowed considerable flexibility in transposition and implementation. Viewing – in line with reflexive law theory – the Directive as a key tool in allowing EC law to become embedded in the national legal and industrial relations systems, the paper assesses its transposition and impact in Britain. The very flexibility of the Directive made it possible for the British social systems to respond in an innovative way to the changing forms of employee representation. But the relative weakness of the regulatory design of the transposing legislation with regard to the nature of the legal obligations, the enforcement mechanism and the degree to which legal resources could be utilised by trade unions constrained the re-configuration of labour law and its coupling to employee representation arrangements traditionally associated with the British industrial relations system.


FIAT JUSTISIA ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 93-118
Author(s):  
Anak Agung Gede Duwira Hadi Santosa ◽  
Kadek Agus Sudiarawan ◽  
I Made Marta Wijaya

The presence of the omnibus law of the Employment Cluster of Job Creation Law haven’t consider to solve the crucial problems in the Manpower Law, but its further away from the purpose of the welfarestate concept  and leads to the purpose of the nachtwakerstaat. The aims of this research to determine position omnibus law of the Job Creation Law after it’s passed within in the scope of welfarestate concept or nachtwakerstaat concept and to analyse the construction of labour law concept in accordance to concept of welfarestate in the future. This research used a normative legal research method with a statute approach and elaborated with a legal concept analysis approach. The results show there are crucial problems in the Employment Cluster of the Job Creation Law such as the elimination of several principal provisions in Manpower Law that indicates the role and presence of the state in labour law is getting minimum and also the Job Creation Law point out many things that returned the agreement mechanism by the parties. This show that, Employment Cluster of the Job Creation Law tends to the nachtwakerstaat concept and far away from welfarestaat concept. The solutions of the issues by doingrevision to the Employment Chapter of the Job Creation Law by adjusted the welfarestate concept, alsorestore and strengthen the function of the government as a part of industrial relations as a regulator and supervisor


2018 ◽  
Vol 40 (4) ◽  
pp. 654-673 ◽  
Author(s):  
Valeria Pulignano ◽  
Domenico Carrieri ◽  
Lucio Baccaro

Purpose The purpose of this paper is to reflect on the developments which have characterized Italy’s industrial relations from post-war Fordism to neo-liberal hegemony and recent crisis, with a particular focus on the major changes occurred in the twenty-first century, especially those concerning concertative (tripartite) policy making between the government, the employers’ organizations and the trade unions. Design/methodology/approach This study is a conceptual paper which analysis of main development trends. Findings Italy’s industrial relations in the twenty-first century are characterized by ambivalent features which are the heritage of the past. These are summarized as follows: “collective autonomy” as a classical source of strength for trade unions and employers’ organization, on the one hand. On the other hand, a low level of legislative regulation and weak institutionalization, accompanied by little engagement in a generalized “participative-collaborative” model. Due to the instability in the socio-political setting in the twenty-first century, unions and employers encounter growing difficulties to affirm their common points of view and to build up stable institutions that could support cooperation between them. The result is a clear reversal of the assumptions that had formed the classical backdrop of the paradigm of Italy’s “political exchange.” This paradigm has long influenced the way in which the relationships between employers, trade unions and the state were conceived, especially during 1990s and, to some extent, during 2000s, that is the development of concertative (tripartite) policy making. However, since the end of 2000s, and particularly from 2010s onwards national governments have stated their intention to act independently of the choices made by the unions (and partially the employers). The outcome is the eclipse of concertation. The paper explores how the relationships among the main institutional actors such as the trade unions (and among the unions themselves), the employers, and the state and how politics have evolved, within a dynamic socio-political and economic context. These are the essential factors needed to understand Italy’s industrial relations in the twenty-first century. Originality/value It shows that understanding the relationship among the main institutional actors such as the trade unions (and among the unions themselves), the employers and the state and their politics is essential to understand the change occurred in contemporary Italy’s industrial relations.


2009 ◽  
Vol 51 (4) ◽  
pp. 575-589 ◽  
Author(s):  
John Howe ◽  
Ingrid Landau

The former Federal Coalition Government’s industrial relations reforms restricted the capacity of state governments to make labour law, inspiring them to consider more innovative ways of regulating labour standards in the private sector including through greater use of public procurement. This article presents a case study of a program in which an Australian state government has sought to use its purchasing power to regulate labour standards in the cleaning industry. The authors assess this program against a model of responsive regulation. They suggest that there is potential to extend this model to other areas of government procurement.


1988 ◽  
Vol 11 (1/2) ◽  
pp. 54-55 ◽  
Author(s):  
Sandra Fredman ◽  
Gillian Morris

2017 ◽  
Vol 4 (81) ◽  
pp. 52
Author(s):  
Dace Tarasova

The aim of the article is to state the main problems concerning employment termination with an employee who is a member of the trade union, and to work out the proposals on solutions of the problematic questions.Problems of termination of issues with and employee who is a member of the trade union are considered in the article. 110 clause the 1 part of the Labour Law determines that an Employer is prohibited to terminate Employment Contract with an Employee who is a member of the trade union if there is no preliminary agreement with a certain trade union. But 101 clause 6 part of the Labour Law determines that an Employer before termination of an Employment Contract has to clarify if an Employee is a member of the trade union. Therefore an Employer needs to ask the trade union for permission to terminate labour relationships with an Employee who is a member of the trade union.101 clause 7 paragraph determines, that an Employer has the right to terminate labour relationship with an Employee, when an Employee is not able to continue employment because of the state of health, and there is a certain medical statement. In this case, before termination of the Employment Contract an Employer has to ask the trade union for permission, but the trade union in this case is not competent enough, because the medical statement was issued by an authorized person. The Trade Union Law came into force in 2014, this Law does not consider the case that trade unions should be united according to the branches, occupations and other principles, that is why in reality Employees could participate in several trade unions or in one, which does not specialize in a certain branch or occupation. The problems also occur in the situations, when an Employee learns that an Employer wishes to terminate Employment Contract. In these situations Employee is looking for possible actions, in order to defence himself and joins the trade union, and becomes its member, and stays there till the problems are solved. 


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