The paper "Issues Regarding Industrial Relations as well as the Employment Law in Australia" is an outstanding example of management coursework. The revolutionary transformation of the Australian industrial and employment relations in the previous two decades has been not only central to the political debate but also economic debate. This transformation has been perceived by some as complex and multi-faced, while some claim that it is a contradictory process where the national government derives new power sources for wrestling the authority from regional states while decentralizing the practices of industrial relations to workplace levels.
The initiation of the enterprise bargaining process came from the Hawke Labour government around late1980’ s, where there was the cooperation of the union government with the main aim of decentralizing the system of employment relations. This paper focuses on the issues regarding industrial relations as well as the employment law in Australia, while also critically assessing the claims about its focus transition from the collective rights to individual rights of employees in Australia. Australian industrial relations and employment law Just like most countries, Australia’ s working-class had been continuously struggling not only to improve the working conditions for workers but also for its collective action to be perceived as legitimate.
There was hence a great struggle to enhance the living standard of the workers so that the workers could live comfortably. Around the 1970s, however, unfavorable movements in trading terms, coupled with shocks from the oil prices significantly reduced the Australian economy’ s capacity of sustaining the rising standards of living without experiencing chronic problems related to the balance of payment. This forced the successive governments coming in to introduce a variety of reforms aimed at improving the competitiveness of the Australian industries internationally.
The reforms adopted, including tariff reductions, floating of the Australian dollar, as well as the elimination of controls of the foreign exchange, all led to an increase in Australian openness to the foreign competition. With such a highly competitive environment facing Australia, transformations to the institutions of labour market became inevitable. As such, this process resulted in arrangements in the industrial relations giving primacy to the bargaining at the enterprise level as well as the workplace level. This is in opposition to the previous centrally-determined pay, along with the working arrangements that were centrally determined. The changes in industrial relations and employment law Australian industrial relations and employment law have undergone unique developments in the past two decades, hence distinguishing this from the industrial relations and employment laws from the other jurisdictions speaking English.
From the initial phase, the transformation process took places in two phases, eventually leading to and concluding with fair work Australia. The two phases are the work choices (2006) and fair work Australia (2009). The initial phase Australian labour law played a major role during this phase.
The Conciliation and Arbitration Act had been passed in 1904 and mandated conciliation as well as the arbitration for preventing and settling industrial disputes existing beyond a given state. Also, in cases where dispute involved any given company in any single state, then the industrial organization or even the union was to rope them basically into the federal award with arguments that they belong to an industry having disputes extending past limits of a single state. In case there was no covering of the company by the federal Award, and then the commissions of the industrial relation had to form the award of the industrial rule.
Since 1993, the federal government of Australia has increasingly employed the corporation power in enacting the legislation of the labour law. This has allowed the parliament to enact laws with regards to trading corporations and financial corporations. Further, in 2005, John Howard’ s government announced plans to advance the use of the same power so as to override the systems of the state in its Federal umbrella.
These changes as well entailed introducing commission of the Australian Fair Pay which will be independent and will set the wages. These changes also implied increased power for the Employment Advocate’ s office with a corresponding minor role and responsibility for the Australian Commission of Industrial Relations.
Briggs, Chris & Cooper, Rae. Between individualism and collectivism? Why employers choose non-union collective agreements. Labour & Industry, 17 (2): 1-23. 2006.
Cooper, Rae. & Ellem, Bradon. The Neoliberal State, Trade Unions and Collective Bargaining in Australia. British Journal of Industrial Relations, 46: 532-554.2008.
Coorey, Philip. Coalition joins push for workplace shake-up, Sydney Morning Herald, August 6th. 2011.
Dabscheck, Braham. Work Choices: Australia’s New Industrial Relations Legislation. The Otemon Journal of Australian Studies, pp. 83−91. 2006.
Forsyth, Anthony. Exit stage left, now centre stage: Collective bargaining under Work Choices and Fair Work in A. Forsyth and A. Stewart (eds) Fair Work: The New Workplace Laws and The Work Choices Legacy, Federation Press, Sydney, pp. 120-141. 2009.
Hepworth, Annabel & Hannan Ewin. Business Council of Australia on attack over union strike- first laws. The Australian. July 27th, 2011.
Ker, Peter. Mining boss: Soft Workforce taking nation backwards. Sydney Morning Herald, August 9th, 2011.
McCrystal, Shae, Protected Industrial Action and Voluntary Collective Bargaining Under the Fair Work Act 2009 (February 1, 2011). The Economic and Labour Relations Review. Vol. 21, No. 1, pp. 37-52; Sydney Law. 2010.
Mitchell, Richard & Fetter, Joel. Human Resource Management and Individualization in Australian Labor Law. Journal of Industrial Relations, 45(3), pp. 292-325. 2003.
Waring, Peter & Burgess, John. Work Choices: The Privileging of Individualism in Australian Industrial Relations. International Journal of Employment Studies, Vol. 14, No. 1: 61-80. 2006.
Briggs, Cooper. The Return of the Lockout in Australia: a Profile of Lockouts since the Decentralisation of Bargaining. Australian Bulletin of Labour, 30 (2): 101. 2004.
Bray, Mark. & Waring, Peter. The Rise of Managerial Prerogative under the Howard Government. Australian Bulletin of Labour, 32 (1): 45-62. 2006.
Bray, Mark, & Walsh, Pat. Different paths to neo-liberalism? Comparing Australia and New Zealand. Industrial Relations. 37 (3): 358-388. 1998.
Van Barneveld, Kristin & Nassif, Ross. Motivations for the Introduction of Workplace Agreements. Labour and Industry, 14 (2): 21-38. 2003.