Why doesn’t anyone talk about non-union collective agreements?

2020 ◽  
Vol 62 (5) ◽  
pp. 784-807
Author(s):  
Mark Bray ◽  
Shae McCrystal ◽  
Leslee Spiess

Non-union collective agreements have become a common and widely accepted phenomenon in Australian industrial relations since the 1990s. This article asks why they are so rarely discussed in research, the media and public policy debates. On the way to exploring a range of factors that answer this question, we first summarise the relevant legislative provisions and reflect on their international exceptionalism. We review both data on the incidence and coverage of non-union collective agreements and the modest research on the practice of non-union collective agreement-making, almost all of which preceded the Fair Work Act. The penultimate main section analyses the few accounts of non-union collective agreements in the media and policy debates. The last main section presents our speculative and multi-causal answer to the why question.

2019 ◽  
Vol 61 (3) ◽  
pp. 357-381 ◽  
Author(s):  
Mark Bray ◽  
Johanna Macneil ◽  
Leslee Spiess

There is a storm brewing over the roles of unions and collective bargaining in Australian employment relations. Unions, frustrated with what they see as practical and legislative restrictions on protection of workers’ rights, seek to ‘change the rules’. Employers, on the other hand, have been successful in restricting or rolling back bargaining rights, supported by their associations, the Coalition government and an assertive interpretation of the Fair Work Act. Add to this the impending federal election and the scene is set for a tempest that could bring industrial relations back to the centre of Australian politics in 2019. The review explores the various elements contributing to the coming storm, including trends in union membership, structure and strategy. It also surveys trends in the number and coverage of collective agreements, wage outcomes and industrial disputes. Two idiosyncractically Australian versions of collective agreement making are also discussed: cooperative bargaining facilitated by the Fair Work Commission and non-union collective agreement making.


2021 ◽  
pp. 249-262
Author(s):  
Brendan K. O’Rourke

Chapter Seventeen argues that a discursive approach can add much to our understanding of what has happened in policy analysis in Ireland. The concept of hyper-specialization is introduced as an important feature of the context in which policy discourse takes place, and shows the complexities discourses face as they travel across societies. Policy relevant discourses of media, and actors within the media, are examined, along with what recent developments mean for Irish public policy discourse. An important factor is how such policy discourses are internationalised in Ireland and the impact of that complication on participation in policy debates is examined. Further complexities include the effects of technocratization and economization on how we discuss policy. The chapter concludes that the discursive power of economists remains an important feature of our policy discourses.


2018 ◽  
Vol 24 (2) ◽  
pp. 353-364 ◽  
Author(s):  
Nastasja M de Graaf ◽  
Polly Carmichael

Gender is a fast-evolving and topical field which is often the centre of attention in the media and in public policy debates. The current cultural and social climate provides possibilities for young people to express themselves. Gender diverse young people are not only developing new ways of describing gender, but they are also shaping what is required of clinical interventions. Emerging cultural, social and clinical trends, such as increases in referrals, shifts in sex ratio and diversification in gender identification, illustrate that gender diverse individuals are not a homogeneous group. How do evolving concepts of gender impact the clinical care of gender diverse young people presenting to specialist gender clinics today?


1970 ◽  
Vol 17 (2) ◽  
Author(s):  
Raymond Harbridge ◽  
Stuart McCaw

The on-going saga of the G.N. Hale redundancy dispute appears now to have run its course. From grievance committee, to the Labour Court, to the Court of Appeal, and back to the Labour Court, the case has attracted considerable attention - from the media and naturally from industrial relations practitioners, eager to learn the view of the New Zealand court system on the vexed matter of redundancy compensation. In the most recent Labour Coun decision on Hale (WLC89/90), Goddard C J held that while the employer was able to prove that the worker was genuinely made redundant the dismissal was unjustifiable because "the circumstances called for the payment of compensation; none was paid; and the amount that was offered and refused was fixed by unilateral decision of the employer and was inadequate". The effect of this decision is profound. Employers planning to make employees redundant have a new set of requirements to meet before their actions can be taken as justifiable. While it will remain the case that there is no right to compensation for a dismissal on the grounds of redundancy unless that right is conferred by a redundancy agreement or by an award or collective agreement, there may still be a right to compensation if the dismissal, although genuinely on the grounds of redundancy, is unjustifiable and thereby gives rise to a successful personal grievance. An employer will now need to focus on the circumstances of the redundancy to detetuaine whether it calls for compensation and where it does, the employer will need to offer, and have accepted, compensation that is both adequate and negotiated.


2002 ◽  
Vol 27 (1) ◽  
pp. 119-158 ◽  
Author(s):  
Jonathan G. Koomey ◽  
Chris Calwell ◽  
Skip Laitner ◽  
Jane Thornton ◽  
Richard E. Brown ◽  
...  

▪ Abstract  Students of public policy sometimes envision an idealized policy process where competent data collection and incisive analysis on both sides of a debate lead to reasoned judgments and sound decisions. Unfortunately, numbers that prove decisive in policy debates are not always carefully developed, credibly documented, or correct. This paper presents four widely cited examples of numbers in the energy field that are either misleading or wrong. It explores the origins of these numbers, how they missed the mark, and how they have been misused by both analysts and the media. In addition, it describes and uses a three-stage analytical process for evaluating such statistics that involves defining terms and boundaries, assessing underlying data, and critically analyzing arguments.


1976 ◽  
Vol 11 (4) ◽  
pp. 468-515
Author(s):  
Ruth Ben-Israel

From the late 19th century on, a series of social and economic changes have altered the system of labour relations. The transition of bargaining over terms of employment, from the individual to the collective sphere, was the culmination of the historical stages of development. Changes in labour relations have always been, and remain dynamic. Therefore, collective labour law, like the industrial relations system itself, is constantly taking new steps to formulate up-to-date patterns of thought and behaviour. Hence, the legal system finds it difficult to dictate firm policies, and can only try to catch up with the development bypost factumlegislation and theorization, which can set but a broad and flexible framework.The collective agreement is presented in this study as a universal phenomenon, resulting from the historical stages of development in labour relations. These stages have led to the crystallization of the collective agreement as it is known today, and to the formulation of its distinctive traits.


2021 ◽  
pp. 095001702110244
Author(s):  
Chiara Benassi ◽  
Tim Vlandas

Employment relations scholars argue that industrial relations institutions reduce low pay among the workforce, while the insider-outsider literature claims that unions contribute to increase the low-pay risk among non-union members. This article tests these expectations by distinguishing, respectively, between the individual effect of being a union member or covered by collective agreements and the sectoral effect of strong trade unions or encompassing collective agreements. Findings from multilevel logistic regression analyses of the German Socio-Economic Panel reveal that unions and bargaining coverage have distinct effects at individual and sectoral level. The analysis of their cross-level interactions provides partial support to both the insider-outsider approach, since non-union members are more exposed to the risk of low pay in highly unionized sectors, and to the power resource perspectives, since the probability of being in low pay in sectors with encompassing collective agreements decreases also for those workers who are not covered by them.


1970 ◽  
Vol 17 (1) ◽  
Author(s):  
Raymond Harbridge

The on-going saga of the G.N. Hale redundancy dispute appears now to have run its course. From grievance committee, to the Labour Coun, to the Court of Appeal, and back to the Labour Court, the case has attracted considerable attention - from the media and naturally from industrial relations practitioners, eager to learn the view of the New Zealand court system on the vexed matter of redundancy compensation. In the most recent Labour Coun decision on Hale (WLC89/90), Goddard C J held that while the employer was able to prove that the worker was genuinely made redundant the dismissal was unjustifiable because "the circumstances called for the payment of compensation; none was paid; and the amount that was offered and refused was fixed by unilateral decision of the employer and was inadequate". The effect of this decision is profound. Employers planning to make employees redundant have a new set of requirements to meet before their actions can be taken as justifiable. While it will remain the case that there is no right to compensation for a dismissal on the grounds of redundancy unless that right is conferred by a redundancy agreement or by an award or ,collective agreement, there may still be a right to compensation if the dismissal, although genuinely on the grounds of redundancy, is unjustifiable and thereby gives rise to a successful personal grievance. An employer will now need to focus on the circumstances of the redundancy to detetuaine whether it calls for compensation and where it does, the employer will need to offer, and have accepted, compensation that is both adequate and negotiated.


1977 ◽  
Vol 37 (1) ◽  
pp. 210-225 ◽  
Author(s):  
Gaston V. Rimlinger

This article compares the development of the workers' right to organize and bargain collectively in England, France, and the U.S. Starting with a common repressive policy, each country followed a different path toward establishing the workers' rights. The main ultimate difference lies in the extent to which the state became involved in industrial relations. In England the state remained aloof after securing very broad legal rights of collective action. The workers were left to do their own battling. In France the state came to look upon collective agreements as an aspect of public policy and became the dominant partner in labor negotiations. The American pattern lies in between: state protection extends to procedural but not to substantive issues.


2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Muhammad Holy One N Singadimedja

ABSTRAKLegally that the relationship between workers and employers are the same even though the socio-economic position between employees and employers is different, the nature of the employment law has resulted in employment relationships are not always harmonious between workers / unions and employers in industrial relations, the number of employers who eliminate or reduce workers' rights to conduct collective bargaining (PB) to deviate the collective Labour agreement (CLA), whereas in the company there has been a Labour agreement (CLA) is still valid by reason of the collective labor agreement (CLA), which is not in accordance with laws and regulations.The conclusion obtained is that the position of the Collective Agreement (PB) as a Source of Law Autonomous Employment Law is part of the Collective Labor Agreement for the duration of the validity of PKB there are things that do not fit in the employment relationship so it is possible made the Collective Agreement which will then be included in the change PKB with the provisions PB must be registered at the Industrial Relations court, the legal effect of the NT tertentangan with CLA, PB may be declared null and void, cancellation of PB can be done through the judicial land in the area of collective agreements made, since the Industrial Relations court has no competence to resolve disputes cancellation of the Collective Agreement. Keywords: Position, the Collective Agreement, Working Agreement


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