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Rediscovering Collective Bargaining Australia s Fair Work Act in International Perspective 1st Edition by Breen Creighton, Anthony Forsyth ISBN 0203112210 9780203112212

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Rediscovering Collective Bargaining Australia s Fair Work Act in International Perspective 1st Edition Breen Creighton Digital Instant Download

Author(s): Breen Creighton; Anthony Forsyth
ISBN(s): 9780203112212, 0203112210
Edition: 1
File Details: PDF, 3.88 MB
Year: 2012
Language: english
SKU: EB-51374434 Category: Tags: ,

Rediscovering Collective Bargaining Australia s Fair Work Act in International Perspective 1st Edition by Breen Creighton, Anthony Forsyth – Ebook PDF Instant Download/Delivery: 0203112210, 9780203112212
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ISBN 10: 0203112210 
ISBN 13: 9780203112212
Author: Breen Creighton, Anthony Forsyth

This book examines countries that have tried, with varying degrees of success, to use legislative strategies to encourage and support collective bargaining, including Australia’s Fair Work Act. It is the first major study of the operation and impact of the new collective bargaining framework introduced under the Fair Work Act, combining theoretical and practical perspectives. In addition, a number of comparative pieces provide rich insights into the Australian legislation’s adaptation of concepts from overseas collective bargaining systems – including good faith bargaining, and majority employee support as the basis for establishing bargaining rights. Contributors to this volume are all leading labor law, industrial relations, and human resource management scholars from Australia, and from Britain, Canada, New Zealand and the United States.

Rediscovering Collective Bargaining Australia s Fair Work Act in International Perspective 1st Table of contents:

1. Rediscovering Collective Bargaining

  • Introduction and Overview of the Book

  • The Continuing Relevance of Collective Bargaining

  • Law and Rediscovering Collective Bargaining

  • The Problems of Statutory Union Recognition Systems

  • Majoritarianism (Ballots and ‘Card Check’) Compared with Bargaining Representatives/Agents

  • Employer Resistance

  • ‘Free Speech’ and Union Rights of Access

  • The Role of the State: Neutrality, Enabling, Encouraging—or Something More?

  • Measuring the Law’s (Lack of) Impact

  • Notes

2. Collective Bargaining and Agreement Making in Australia: Evolution of the Legislative Framework and Practice

  • Introduction

  • ‘Collective Bargaining’ and ‘Agreement Making’ in the Australian System

  • Statutory Provisions for Agreement Making, 1904–2010

  • The Evolution of Principles of Wage Fixation, 1978–1991

  • The Evolution of Enterprise Agreement Making in Practice

  • Discussion

  • Notes

3. International Labour Standards and Collective Bargaining Under the Fair Work Act 2009

  • Introduction

  • The ILO and Collective Bargaining

  • Standard-Setting Instruments

  • Jurisprudence of the Supervisory Bodies

  • Australian Law and Practice and ILO Standards

  • Ratification of Convention No. 98

  • Supervision: 1989–2006

  • Work Choices and the CEACR

  • The Fair Work Act 2009 and ILO Standards

  • An End to Individualism?

  • Choice of Bargaining Level

  • Content of Agreements

  • Representational Rights

  • Conclusion

  • Notes

4. The Role of Fair Work Australia in Facilitating Collective Bargaining

  • Introduction

  • Background to the FW Act Bargaining Regime

  • The Bargaining Regime in Operation

  • Bargaining-Related Applications to FWA: July 2009–March 2011

  • The MSD Procedures

  • Scope Orders

  • GFB

  • Nature of Bargaining Orders

  • Section 240 of the FW Act

  • Conclusion

  • Notes

5. The Mechanics of Agreement Making under the Fair Work Act 2009: Promoting Good Faith Bargaining and Genuine Agreement

  • Introduction

  • Pre-Approval Steps

  • Notifying Employees of their Representational Rights

  • Providing Access to the Agreement

  • Explaining the Agreement

  • Majority Employee Approval

  • Notice of Vote

  • The 21-Day Requirement

  • The Voting Process

  • Application to FWA for Approval

  • Signed Agreement

  • Supporting Declarations

  • Approval of Agreements

  • Genuine Agreement

  • Fairly Chosen Group

  • Better Off Overall Test (BOOT)

  • Approval with Undertakings

  • Conclusion

  • Notes

6. Protected Industrial Action, Recognition and Bargaining in Good Faith under the Fair Work Act 2009

  • Introduction

  • Historical Context: 1993–2009

  • Protected Industrial Action under the FW Act

  • Recognition and Protected Action

  • Good Faith and Genuine Efforts

  • Relationship Between Good Faith and Action

  • Conclusion

  • Notes

7. Getting to the Table? Fair Work, Unions and Collective Bargaining

  • Introduction

  • From the WR Act to Fair Work

  • Extent and Type of Bargaining under FW

  • Measuring Agreement Making

  • Employer Resistance

  • Case Study: CBA

  • Case Study: Telstra

  • New Bargaining Process

  • Majority Support Determinations

  • Good Faith and Bargaining Orders

  • Low-Paid Bargaining Stream

  • Conclusions

  • Notes

8. Industrial Conflict with Awards, Choices and Fairness

  • Introduction

  • Theorising Conflict Patterns

  • The Australian Systems

  • Data and Concepts

  • Strike Density

  • Types of Strikes

  • Duration

  • Causes of Disputes

  • Conclusions

  • Notes

9. Government as Industrial Relations Role Model

  • Introduction

  • Commonwealth as Model Employer

  • The Fair Work Principles

  • National Code for the Construction Industry

  • The Fair Work Ombudsman’s Role

  • Conclusion

  • Notes

10. Comparing Purposes and Concepts in United States and Australian Collective Bargaining Law

  • Introduction

  • Statutory Objectives

  • Origins and Purposes of the NLRA

  • FW Act Part 2–4 Purposes

  • Certification/Recognition

  • Representation Rights

  • Bargaining Units

  • Conclusions

  • Notes

11. Recognition in the United Kingdom: Collective Autonomy and Politics

  • Introduction

  • Historical Perspective

  • Perfectionism vs Neutrality

  • Bargaining Autonomy: Passive and Active

  • The Policy of Restriction

  • The Contemporary Landscape

  • Collective Autonomy

  • Reconceptualising Representation

  • Notes

12. The Canadian Conception of Collective Representation and Bargaining

  • Introduction

  • Contextual Influences

  • Constitutional Powers

  • Role of the State

  • Labour Tribunals

  • Charter of Freedom of Association

  • Acquiring and Exercising Rights

  • Majoritarian Representation

  • Good Faith Bargaining

  • Conclusion

  • Notes

13. After EFCA, What Next for Unions? Future of Labour Law Reform in the US

  • Introduction

  • 2011 Republican Assault on Bargaining

  • Boeing Complaint and NLRB

  • Union Certification Streamlining

  • LMRDA and Reporting

  • Conclusion: The End of Labour Law?

  • Notes

14. Collective Bargaining and Good Faith Obligations in New Zealand

  • Introduction

  • Lack of Ideological Consensus

  • Judicial Interpretation

  • Communication Duties

  • Obligation to Conclude Agreements

  • ‘Passing-on’

  • Arbitration’s Influence

  • From Perfectionism to Neutrality and Beyond

  • Notes

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Tags: Breen Creighton, Anthony Forsyth, Australia