Tribunal Policy and Dispute Settlement: The Nurses' Case 1986-87

1993 ◽  
Vol 35 (2) ◽  
pp. 292-315
Author(s):  
Carol Fox

Consistency in the implementation of tribunal policy has been advocated by both the federal tribunal and observers as essential to the integrity of the centrally managed policies of labour cost control and of arbitration tribunal operations generally. This paper examines the state tribunal policy operative during the fifty-day nurses' strike in Victoria and its application to the dispute. Policy implementation is distinguished from policy formulation in respect of which flexibility and (possibly frequent) changes of policy in response to conflicting pressures are seen as essential to tribunal effectiveness. In the management and settlement of this major dispute, the tribunal departed from its formal policy (the principles) then in operation and its informal policy (the convention concerning industrial action). Examples of an absence of standards, to enable a test of consistency to be applied, are also identified and illustrated in terms of the settlement decision. The position taken by the principal parties is shown to have created a dilemma for the tribunal and choices made by the Australian Council of Trade Unions are shown to have facilitated a flexible approach by the tribunal, which in turn generated some departure from policy.

2018 ◽  
Vol 60 (3) ◽  
pp. 337-357 ◽  
Author(s):  
Peter Gahan ◽  
Andreas Pekarek ◽  
Daniel Nicholson

In 2017, Australian unions faced ongoing membership decline and new institutional constraints, but emerged reinvigorated from a change in leadership and a policy re-set. Many unions faced a hostile environment for bargaining, with protracted negotiations in key sectors, attended by robust industrial action at times. The decline in union members and collective agreements reached a crisis point. A surprisingly diverse collection of individuals expressed concerns that the system of enterprise bargaining was not producing outcomes that were fair or economically sustainable, with some questioning whether the system had created the level playing field its architects had envisioned, as well expressing growing unease that reforms intended to constrain unions were undermining the original objective of the legislation. Heading into 2018, unions and the Australian Council of Trade Unions were seeking a political and legislative solution to the seemingly entrenched industrial difficulties they face, campaigning around the theme ‘change the rules’. Without significant change in the system, it is difficult to see that the coming years will see any change to these dominant patterns.


2016 ◽  
Vol 62 (2) ◽  
pp. 209-236
Author(s):  
Stephan Seiwerth

AbstractSocial partners have played a privileged role in German social security administration since Bismarckian times. In 2014, a new legislation empowered the social partners to set the level of the statutory minimum wage and to demand the extension of collective agreements. This article examines the interdependence of the trade unions’ and employer organisations’ membership numbers and their involvement in state regulation of labour and social security law. In case the interest in autonomous regulations is not going to increase, the state will have to step in with more heteronomous regulation. This would incrementally lead to a system change.


Author(s):  
Andrii Moisiiakha ◽  

The article is devoted to the problems of finding ways to improve the mechanisms of implementation of state policy in the socio-humanitarian sphere. The purpose of this article is to identify areas for improvement of mechanisms for implementing public policy in the socio-humanitarian sphere, taking into account the needs of their unification within a single approach to the organization of social processes in the analyzed area. Achieving this goal has provided solutions to more practical problems: the development of goals, objectives, areas of state policy in the socio-humanitarian sphere, as well as organizational and legal support for its implementation. All this together will allow to introduce quite detailed algorithms and tools for managing the socio-humanitarian development of Ukraine and to quickly and effectively overcome the negative risks that arise in it. The content, essence and state-legal nature of mechanisms of public administration, as a set of ways and tools of practical realization of state policy are revealed. The analysis of modern approaches to understanding the essence of mechanisms of public administration is carried out. The author's definition of the mechanism of public administration in the socio-humanitarian sphere is offered. The content and essence of state policy in the socio-humanitarian sphere are revealed. The conclusion concerning the basic determinants and features of its development is made. Approaches to the formation of mechanisms for the implementation of state policy in the socio-humanitarian sphere are generalized. The need to further unify approaches to the implementation of such public policy in different sectors of the socio-humanitarian sphere has been proved. The main directions of improvement of mechanisms of its realization are allocated. The mechanism of state policy implementation in the socio-humanitarian sphere is defined as a set of nonlinear sets of tools and methods of state influence, which is implemented through appropriate management decisions (a set of measures as components of state policy) to develop the rights and interests of citizens and practical implementation. guarantees of the state in the fields of education, health care, social security, as well as others covered by the humanitarian mission of the state and able to influence the formation of productive forces, human, intellectual and social capital in society.


Author(s):  
Richard Whiting

In assessing the relationship between trade unions and British politics, this chapter has two focuses. First, it examines the role of trade unions as significant intermediate associations within the political system. They have been significant as the means for the development of citizenship and involvement in society, as well as a restraint upon the power of the state. Their power has also raised questions about the relationship between the role of associations and the freedom of the individual. Second, the chapter considers critical moments when the trade unions challenged the authority of governments, especially in the periods 1918–26 and 1979–85. Both of these lines of inquiry underline the importance of conservatism in the achievement of stability in modern Britain.


2018 ◽  
Vol 86 (3) ◽  
pp. 463-478 ◽  
Author(s):  
David Aubin ◽  
Marleen Brans

In a context of the rising importance of ministerial advisers, this article provides empirical evidence about the nature of involvement of civil servants in policy work. Based on a survey of graduated civil servants in francophone Belgium, it shows that civil servants are much involved in policy work even in a politico-administrative system characterised by strong ministerial cabinets. Belgian francophone civil servants are ‘incidental advisors’. They are less process generalists than issue specialists who mostly deal with policy implementation. Their policy advisory style oscillates between ‘rational technician’ and ‘client advisor’. Despite a low institutionalisation of policy advice in the civil service, civil servants significantly serve the ministers in the policy formulation (for harmonization) phase, supplying information and analysis and participating to the writing of policy-related texts. Points for practitioners The francophone Belgian case shows the importance of policy tasks conducted by civil servants. It also provides evidence about the importance of in-house policy-analytical capacity as it shows that civil servants primarily rely on internal information sources and consultation when involved in policy formulation.


2017 ◽  
Vol 13 (3) ◽  
pp. 145
Author(s):  
Viengdavong Luangsithideth ◽  
Muhammad Huda ◽  
Ahmad Supriyanto ◽  
Bambang B. Wiyono

The purpose of this research is to get deep meaning of policy implementation to improve quality of primary education teachers in Laos and Indonesia. Research locations are in the Ministry of Education in those both countries. This research used a qualitative approach with a multi-case study design. First, policy formulation consider the aspect of novelty and national education goals; second, policy dissemination of existing policies do after getting approval from parliament, as well as socialization is done to the department of education in each provinces and districts; third, policy implementation process is done by establishing a monitoring team to oversee that the policy can work well; fourth, monitoring and evaluation of the implementation is done periodically, at least every six months, and the results of the evaluation are reported to the Ministry; fifth, gaps in the policy implementation is because monitoring can not be run with maximum caused by geographical conditions and the weakness of the role of school supervisors; sixth, efforts to repair gaps in the implementation of policies to improve the quality primary school teachers is to make laws on the teacher, as well as to provide training to teachers and principals.


2019 ◽  
Vol 10 (0) ◽  
pp. 190
Author(s):  
Helge Blakkisrud

After a period of relative neglect in the 1990s and early 2000s, the Arctic is back on the agenda of the Russian authorities. To ensure efficient coordination and implementation of its Arctic strategy, the government in 2015 established a State Commission for Arctic Development. It was to serve as a platform for coordinating the implementation of the government’s ambitious plans for the Arctic, for exchange of information among Arctic actors, and for ironing out interagency and interregional conflicts. Based on a case study of the State Commission for Arctic Development, this article has a twofold goal. First, it explores the current Russian domestic Arctic agenda, mapping key actors and priorities and examining the results achieved so far. Second, it discusses what this case study may tell us the about policy formulation and implementation in Russia today. We find that while the government’s renewed focus on the Arctic Zone has yielded some impressive results, the State Commission has been at best a mixed success. The case study demonstrates how, in the context of authoritarian modernization, the Russian government struggles to come up with effective and efficient institutions for Arctic governance. Moreover, the widespread image of a Russian governance model based on a strictly hierarchic “power vertical” must be modified. Russia’s Arctic policy agenda is characterized by infighting and bureaucratic obstructionism: even when Putin intervenes personally, achieving the desired goals can prove difficult.


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