scholarly journals The emergence of coercive federal Australian labour law, 1901–2020

2021 ◽  
pp. 002218562110039
Author(s):  
Eugene Schofield-Georgeson

Over the past two decades, industrial relations scholarship has observed a trend towards an increasingly punitive industrial environment along with the ‘re-regulation’ of labour law. Absent from much of this literature, however, has been an empirical and historical measurement or comparison of the scale and quality of this systemic change. By surveying coercive and penal federal industrial legislation over the period 1901–2020, this study shows empirically that over the last 40 years, there has been a steep increase in the amount of coercive federal labour legislation in Australia. It further measures and compares the volume of coercive labour legislation enacted specifically against ‘labour’ and ‘capital’ or both throughout the same period (1901–2020). Analysis reveals a correlation between a high volume of coercive labour legislation with low levels of trade union power and organisation. Argued here is that coercive labour legislation has been crucial to transitioning from a liberal conciliation and arbitration model of Australian industrial relations towards a neoliberal framework of employment legislation. In the former, regulation was more collective, informal and egalitarian (embodied by the sociological concept of ‘associative democracy’). Under a neoliberal framework, regulation is now more individualised, technical, punitive and rarely enforced, resulting in less equal material outcomes.

2018 ◽  
Vol 43 (3) ◽  
pp. 459-481
Author(s):  
Charles Smith ◽  
Andrew Stevens

Over the past four decades, governments have backed away from the promotion of collective bargaining in Canada resulting in a tendency towards anti-unionism. Examining this new reality, this article investigates two interrelated trends in Canadian anti-unionism over the last two decades in an effort to conceptualize the role of the state in regulating labour relations. First, we investigate legislative attempts to undermine or eliminate the ability of workers to collectively bargain and strike. Second, the article unpacks the political economy of anti-unionism in the private sector by focusing on the role of lobby groups that have shaped labour legislation. These two interrelated threads allow us to expose the relationship between employers and governments, which has threatened the strength of organized labour in the private and public sector and shaped a uniquely Canadian anti-unionism. Finally, we conclude by examining both the strengths and limitations of the unique fight-back strategies used by the labour movement, which has sought to elevate aspects of Canadian labour law to be protected by the Charter of Rights and Freedoms. This, we argue, offers restrictive possibilities for advancing collective bargaining rights in the existing labour relations framework.


2014 ◽  
Vol 9 (4) ◽  
pp. 271-288
Author(s):  
Fernando Fita Ortega

The recent crisis and its consequences have induced major changes in Spanish employment legislation which may lead into what could be recognized as a new model of the industrial relations system. Since the early 90's, and as a reaction to globalization, the need of introducing measures for promoting adaptability and flexibility have had echoes in Spanish employment legislation. However, the crisis we are experiencing nowadays is having a greater impact upon the Spanish economy, and hence on employment regulations, than any other previous crisis. The legislature's reaction in order to reverse the situation is leading to a new model of the industrial relations system, since this is happening in the whole European Union, where the power of collective bargaining has been undermined, and with it the role of trade unions. This has had a huge impact on the essence of Spanish labour law (derecho del trabajo). These regulations seek to protect employees at their working places from the managerial power of the employer, but without forgetting the need of protecting the efficiency of the enterprise. In fact, after the new legislation following the political decisions of the Spanish Government, we are closer than ever to an Employment Law (derecho alempleo) where the protection is focused on the citizens' ability to work, protecting them in the labour market. The aim of this paper is to give a short description of the Spanish labour market's situation showing the most relevant data; to provide an analysis of the main measures introduced into Spanish employment legislation, and to draw some conclusions about where and why some decisions are made and what consequences they have for the industrial relations system. 


2005 ◽  
Vol 29 (3) ◽  
pp. 474-496 ◽  
Author(s):  
J. Douglas Muir ◽  
John L. Brown

In this paper, the authors discuss some of the policy alternatives available to a Government and a union movement and consider in detail the alternative chosen by one African country, Kenya. Moreover they examine how the Government has sought to reconcile its economic development objectives with granting unions such traditional freedoms as the right to strike, the right to bargain collectively and the right of free association. In doing so they discuss the development of labour legislation in Kenya and examine its effects upon the strike weapon as a source of union power and the effect of strikes on the Kenya economy. Finally they offer some speculations on futur trends of industrial relations in Kenya.


Author(s):  
Richard Mitchell ◽  
Richard Naughton

In October 1992 the newly elected Victorian state government (a coalition of the conservative Liberal-National Parties) under the leadership of Jeffrey Kennett introduced its legislative programme for deregulating the Victorian state industrial relations system. The most important in a series of enactments was the Employee Relations Act 1992 1 (the ERA) which sought to implement a revolutionary new system of industrial relations inspired by the ideas of the "New Right" as they have emerged in Australia, and elsewhere, over the past twenty years (Mitchell, 1993a). These ideas, founded upon a supposed "economic rationalism", advocate the regulation of labour markets by voluntary agreement between employers and employees to the total, or at least substantial, exclusion of unions and state intervention


Author(s):  
K. T. Tokuyasu

During the past investigations of immunoferritin localization of intracellular antigens in ultrathin frozen sections, we found that the degree of negative staining required to delineate u1trastructural details was often too dense for the recognition of ferritin particles. The quality of positive staining of ultrathin frozen sections, on the other hand, has generally been far inferior to that attainable in conventional plastic embedded sections, particularly in the definition of membranes. As we discussed before, a main cause of this difficulty seemed to be the vulnerability of frozen sections to the damaging effects of air-water surface tension at the time of drying of the sections.Indeed, we found that the quality of positive staining is greatly improved when positively stained frozen sections are protected against the effects of surface tension by embedding them in thin layers of mechanically stable materials at the time of drying (unpublished).


2012 ◽  
Vol 9 (1) ◽  
pp. 57-60 ◽  
Author(s):  
Gina G Mentzer ◽  
Alex J Auseon

Heart failure (HF) affects more than 5 million people and has an increasing incidence and cost burden. Patients note symptoms of dyspnea and fatigue that result in a decreased quality of life, which has not drastically improved over the past decades despite advances in therapies. The assessment of exercise capacity can provide information regarding patient diagnosis and prognosis, while doubling as a potential future therapy. clinically, there is acceptance that exercise is safe in hf and can have a positive impact on morbidity and quality of life, although evidence for improvement in mortality is still lacking. specific prescriptions for exercise training have not been developed because many variables and confounding factors have prevented research trials from demonstrating an ideal regimen. Physicians are becoming more aware of the indices and goals for hf patients in exercise testing and therapy to provide comprehensive cardiac care. it is further postulated that a combination of exercise training and pharmacologic therapy may eventually provide the most benefits to those suffering from hf.


2018 ◽  
Vol 1 (2) ◽  
pp. 1
Author(s):  
Andi Asadul Islam

Neurosurgery is among the newest of surgical disciplines, appearing in its modern incarnation at the dawn of twentieth century with the work of Harvey Cushing and contemporaries. Neurosurgical ethics involves challenges of manipulating anatomical locus of human identity and concerns of surgeons and patients who find themselves bound together in that venture.In recent years, neurosurgery ethics has taken on greater relevance as changes in society and technology have brought novel questions into sharp focus. Change of expanded armamentarium of techniques for interfacing with the human brain and spine— demand that we use philosophical reasoning to assess merits of technical innovations.Bioethics can be defined as systematic study of moral challenges in medicine, including moral vision, decisions, conduct, and policies related to medicine. Every surgeon should still take the Hippocratic Oath seriously and consider it a basic guide to follow good medical ethics in medical practice. It is simple and embodies three of the four modern bioethics principles – Respecting autonomy, beneficence, nonmaleficence, and justice.Spinal cord injury (SCI) is a devastating condition often affecting young and healthy individuals around the world. Currently, scientists are pressured on many fronts to develop an all-encompassing “cure” for paralysis. While scientific understanding of central nervous system (CNS) regeneration has advanced greatly in the past years, there are still many unknowns with regard to inducing successful regeneration. A more realistic approach is required if we are interested in improving the quality of life of a large proportion of the paralyzed population in a more expedient time frame.


GYNECOLOGY ◽  
2018 ◽  
Vol 20 (6) ◽  
pp. 42-47
Author(s):  
O V Yakushevskaya ◽  
S V Yureneva ◽  
A E Protasova ◽  
G N Khabas ◽  
M R Dumanovskaya

The aim of the work is to conduct a systematic analysis of the available research results on the possibility of using menopausal hormone therapy (MHT) in patients who successfully completed the treatment of endometrial cancer (EC). Materials and methods. The review includes data from foreign articles published in PubMed and Medline, and domestic works published on elibrary.ru over the past 40 years. Results. The results obtained allow us to consider MHT as an independent method of medical rehabilitation for women who have undergone EC. A clear patient profile should be established, allowing the use of this method, with strict adherence to health monitoring. Conclusion Patients who have successfully completed the treatment of EC require the creation of special rehabilitation conditions in the interests of maintaining health and quality of life and should be under the close attention of the doctor. Argumented approaches to the appointment of MHT in such patients will avoid complications associated with estrogen deficiency after surgery, radiation with or without systemic (cytostatic) treatment methods.


2020 ◽  
pp. 3-53
Author(s):  
Yu.B. Vinslav

The article analyzes the main indicators of the evolution of the domestic economy and its industrial complex in the past year (in January — November 2019). It Identifies trends in this evolution, including negative trends that determine the preservation of reproductive threats in 2020: sluggishness, instability and low quality of economic growth. The main reasons for the fact that the objective resource capabilities of the macro level were clearly not used enough to effectively solve the urgent problems of technological modernization of the economy and increase people’s welfare are established. The main reason is the poor quality of public administration, including imperfect strategic planning and industrial policy; there is still no modern national innovation system in the country. Accordingly, recommendations for improving the quality of state regulation in its specified components are justified. The recommended measures, according to the author, will help the economy to move to a trajectory of rapid, sustainable and high-quality growth.


2020 ◽  
Vol 47 (1) ◽  
pp. 89-95 ◽  
Author(s):  
Garry D. Carnegie

ABSTRACT This response to the recent contribution by Matthews (2019) entitled “The Past, Present, and Future of Accounting History” specifically deals with the issues associated with concentrating on counting publication numbers in examining the state of a scholarly research field at the start of the 2020s. It outlines several pitfalls with the narrowly focused publications count analysis, in selected English language journals only, as provided by Matthews. The commentary is based on three key arguments: (1) accounting history research and publication is far more than a “numbers game”; (2) trends in the quality of the research undertaken and published are paramount; and (3) international publication and accumulated knowledge in accounting history are indeed more than a collection of English language publications. The author seeks to contribute to discussion and debate between accounting historians and other researchers for the benefit and development of the international accounting history community and global society.


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