Reflections on the Australian Pre-Strike Ballot Model

Author(s):  
Breen Creighton ◽  
Catrina Denvir ◽  
Richard Johnstone ◽  
Shae McCrystal ◽  
Alice Orchiston

This concluding chapter considers how Australian pre-strike ballot requirements reflect the explicit (furthering industrial democracy) and implicit (inhibiting strike action) objectives that underpinned their introduction. After summarizing the practical operation and impact of the statutory requirements, the chapter describes stakeholder perceptions of the system in practice and in principle, and their views as to how it should be reformed. In conclusion, the chapter suggests the removal of the requirement under the Fair Work Act 2009 (Cth) for a union to apply to an industrial tribunal for permission to run a ballot. It advocates the replacement of the current complex model with a requirement that union rules contain provision for a ballot of members as a pre-condition of taking strike action, with the lawfulness of any subsequent strike being conditional upon being approved in such a ballot and subject to challenge only by the members of that union. So far as union members are concerned, this would do little more than accord formal recognition to the non-legislated democratic processes that are already the norm in Australian unions, but it would at least provide a basis for meaningful, democratic decision-making in relation to taking strike action. As such it would constitute a welcome repudiation of what the chapter describes as the hypocritical posturing that underpins current legislation in Australia (and the United Kingdom) which uses the rhetoric of democracy to deprive workers of their democratic right to take strike action to protect and to promote their legitimate social and economic interests.

2016 ◽  
Vol 2 ◽  
pp. 603-612 ◽  
Author(s):  
Alice S. Forster ◽  
Lauren Rockliffe ◽  
Amanda J. Chorley ◽  
Laura A.V. Marlow ◽  
Helen Bedford ◽  
...  

2020 ◽  
Vol 32 (2) ◽  
pp. 223-242
Author(s):  
Fariza Romli ◽  
◽  
Harlida Abdul Wahab

The existence of a tribunal system, in addition to helping to smooth the administration system, is considered as sharing power with the judiciary in making decisions. Thus arose the question of decision- making power and prevention of abuse by the administrative body. In line with the Sustainable Development Goals 2030 to ensure justice in support of effective, responsible and inclusive institutions, transparent and fair practices are essential for ensuring people’s trust in the administrative body and government. This paper, therefore, discusses the tribunal system and its implementation in Malaysia. In view of this, tribunal systems that exist in other countries, especially the United Kingdom, are also examined as models for improvement. Matters such as autonomy or control of power and the trial process are among the issues raised. Recommendations for improvement are proposed based on three basic principles—openness, fairness and impartiality—to further strengthen the implementation of the existing tribunal system in line with developments abroad.


Author(s):  
Stephen Bouwhuis

The inquiry by the United Kingdom into its decision to intervene in Iraq is one of the longest running and most comprehensive examinations of government decision-making. In particular, the inquiry examined in detail the processes by which legal advice was provided to and formed a part of the decision by the Government of the United Kingdom to intervene in Iraq. Through this lens, the current chapter examines what the inquiry illustrates about the general relevance of international law to the decision to intervene in Iraq and more broadly what illustrates about the role of international law in decision-making more generally. In particular, the chapter pertains to the practical and ethical aspects providing international legal advice to government as well as the nature of government legal practice more generally.


2017 ◽  
Vol 31 (2) ◽  
pp. 192-209 ◽  
Author(s):  
William Wallace

The United Kingdom’s awkward relationship with the countries on the European continent reflects the ambiguity of its national identity, wavering between European engagement and the English-speaking peoples, as much as differences over economic interests. The founding narrative of West European integration, after the Second World War, has also weakened with generational change, the end of the Cold War and eastern enlargement. Developing persuasive new narratives both for the United Kingdom and the European Union (EU) are necessary but difficult tasks for continuing cooperation.


1981 ◽  
Vol 1 (3) ◽  
pp. 289-306 ◽  
Author(s):  
Harold Copeman

ABSTRACTThis paper analyses the different cost bases in which public expenditure can be analysed as a policy problem related to the differing requirements of planning, authorising and controlling the various components of public expenditure. The analysis is applied to the United Kingdom, where in 1981 changes were announced in the method of making public expenditure decisions which had evolved over the previous two decades. The various components of public expenditure in the United Kingdom are described, and the decision-making process which led to the March 1981 Public Expenditure White Paper is outlined. The significance of the different price bases used in public expenditure (cash (at current or at expected prices), volume, cost, and constant) is then explored. The advantages and disadvantages for policy-makers of attempting to reduce the number of price bases used are analysed; it is shown that there is no cost-free route to reducing complexity. The significance of government's decision in 1981 to make greater use of the cash basis in decision-making is assessed. The analysis is applied specifically to the United Kingdom, but the issues raised are of policy relevance to the choice of price bases for public expenditure decision-making in any country in a time of inflation.(A second paper in a future issue of the Journal will examine the political purposes behind gross or net measurement, the earmaking of receipts, and the more precise relationships between figures used in the planning of public expenditure, in macro-economic analysis and forecasting and in Parliamentary and local control.)


2020 ◽  
pp. 105566562095473
Author(s):  
Caroline Williams ◽  
Sam Harding ◽  
Yvonne Wren

Introduction: Children born with a cleft palate ± lip are at risk of developing speech and language difficulties, which may require intervention from a speech and language therapist (SLT). To date, there is no strong evidence to support one approach to intervention over another, neither is it clear which approaches or methods of provision are commonly used. Objectives: To describe the range of speech and language therapy interventions being used with children born with cleft palate in the United Kingdom up to 5 years of age. To explore the different ways, interventions are being delivered. Design: A prospective study to conduct 9 semi-structured focus groups. Iterative content analysis was completed. Setting: Regional Cleft Lip and Palate Centers in the United Kingdom. Participants: Sixty-two speech and language therapy professionals from specialist cleft teams and community services. Results: Four main codes were identified: “intervention approaches,” “service delivery models,” “decision-making and rationale,” and “patient-centered care.” Participants frequently discussed how they adopt an eclectic style when delivering intervention, the importance of an individualized approach for each child and service delivery constraints, such as a lack of resources. Conclusion: Insight into the multitude of intervention approaches used by SLTs, aspects which influence their decision-making and the variability of service delivery models were gained. Uncertainty regarding which intervention approaches and methods for delivery are most effective provides rationale for future research, to improve the effectiveness of speech and language intervention for children with cleft palate ± lip.


2019 ◽  
Vol 55 (6) ◽  
pp. 664-684 ◽  
Author(s):  
Ali Bowes ◽  
Niamh Kitching

In May 2018, the men’s European Tour invited five female professional golfers to compete in its GolfSixes event in England, against 27 professional male players. This was significant, particularly given the female struggle for equality of access, participation, employment and decision making in golf settings. This research investigates the print media representation of these five female professional golfers competing in this male domain. Using the Nexis database, data were collected from print newspapers in the United Kingdom and Ireland over six days before, during and after the event. Following thematic analysis, findings highlight a double-edged sword with regard to media coverage of female athletes competing against men: women received greater media coverage when in the male sport spotlight, but the coverage was framed by gendered discourses. The results document a slow shift towards more equal and equitable print media coverage of female athletes, whilst drawing attention to the problematic ways in which sportswomen are represented.


Ethnicities ◽  
2020 ◽  
pp. 146879682091341 ◽  
Author(s):  
Tiina Sotkasiira ◽  
Anna Gawlewicz

The European Union membership referendum (i.e. the Brexit referendum) in the United Kingdom in 2016 triggered a process of introspection among non-British European Union citizens with respect to their right to remain in the United Kingdom, including their right to entry, permanent residence, and access to work and social welfare. Drawing on interview data collected from 42 European Union nationals, namely Finnish and Polish migrants living in Scotland, we explore how European Union migrants’ decision-making and strategies for extending their stay in the United Kingdom, or returning to their country of origin, are shaped by and, in turn, shape their belonging and ties to their current place of residence and across state borders. In particular, we draw on the concept of embedding, which is used in migration studies to explain migration trajectories and decision-making. Our key argument is that more attention needs to be paid to the socio-political context within which migrants negotiate their embedding. To this end, we employ the term ‘politics of embedding’ to highlight the ways in which the embedding of non-British European Union citizens has been politicized and hierarchically structured in the United Kingdom after the Brexit referendum. By illustrating how the context of Brexit has changed how people evaluate their social and other attachments, and how their embedding is differentiated into ‘ties that bind’ and ‘ties that count’, we contribute to the emerging work on migration and Brexit, and specifically to the debate on how the politicization of migration shapes the sense of security on the one hand, and belonging, on the other.


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