LESS THAN THEY BARGAINED FOR: UNION BARGAINING FEES IN CERTIFIED AGREEMENTS- A MATTER OF LAW, POLITICS OR PUBLIC POLICY?

2005 ◽  
Vol 10 (2) ◽  
pp. 408
Author(s):  
GUY DONOVAN

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>The High Court of Australia’s decision in </span><span>Electrolux No 3</span><span>, combined with the Australian government’s changes to workplace relations law, has en- sured that unions are prohibited from charging bargaining fees. The gov- ernment claimed to have prohibited the fees on the basis that they offend the principle of “freedom of association”. However, the government failed to consider other policy considerations and considerable international precedents that suggest if bargaining fees are limited to an amount cover- ing bargaining services alone, they provide unions with a beneficial source of financial security, whilst also overcoming the free-rider problem and maintaining respect for the concept of voluntary unionism. Therefore, it is perhaps incorrect to suggest that the prohibition of bargaining fees was prescribed by the government on the basis of some overriding concern for the freedom of association. Rather it seems more realistic to suggest that freedom of association was the guise under which the government was able to further marginalise the role of unions in industrial relations in or- der to promote its own ideological and economic agenda</span><span>.] </span></p></div></div></div>

2003 ◽  
Vol 06 (03) ◽  
pp. 381-403 ◽  
Author(s):  
Rosalind Chew ◽  
Soon Beng Chew

This paper makes the distinction between micro-focused unions and macro-focused unions, with the latter emphasizing full employment and competitiveness for the economy. It examines the micro-foundation of the macro-focused labor movement, which calls for certain conditions or arrangements conducive to, and the instruments needed for, the establishment and survival of macro-focused unions. The consequences and outcomes in an industrial relations regime in which macro-focused unions prevail are also examined, and measures for countering the free rider problem suggested. The main conclusion is that a macro-focused labor movement is a strategic partner with the government in enhancing international competitiveness, an option which is superior to an exchange rate policy.


1992 ◽  
Vol 3 (1) ◽  
pp. 112-125 ◽  
Author(s):  
Peter Cook

The fundamental objective of the Government's industrial relations policy is to encourage and assist Australian companies and their employees to adopt work and management practices that will strengthen their capacity to compete successfully both in domestic and international markets. To this end we support co-operative and equitable workplace bargaining, with wage increases being linked to the reform of work practices and attitudes. Our support for decentralised bargaining is aimed at improving productivity by fostering a new workplace culture of striving for continuous improvement. We emphatically reject the view that such an outcome will be achieved by wholesale deregulation and reliance on unfettered market forces. The Government is committed, for both equity and efficiency reasons, to maintaining the Accord approach to wages policy. We are also committed to an independent Australian Industrial Relations Commission playing the vital role of protecting lower paid employees through the safety net of minimum award wages and conditions.


1997 ◽  
Vol 8 (1) ◽  
pp. 22-43 ◽  
Author(s):  
Seoghun Woo

This paper argues that the future direction for the development of Korean industrial relations will evolve through direct interaction between employers and trade unions (either conflictual or cooperative). The government is likely to play a less interventionist role in industrial relations, compared with the past, and to adopt the role of mediator between unions and employers. Characteristics of Korean industrial relations during the pre- 1987 period is firstly examined; four major factors are used to explain the industrial relations practice during this time. Changes after 1987 are also considered. Special consideration is given to interaction between the environment and the three major industrial relations participants, and the interactions between them. Both macro and micro aspects of industrial relations are examined. The special Presidential Address (26/04/1996), known as New Conception of Industrial Relations, is also analysed in terms of its implications for future industrial relations issues in Korea.


1994 ◽  
Vol 36 (2) ◽  
pp. 285-298 ◽  
Author(s):  
Louise Thornthwaite

While conciliation and arbitration tribunals have been at the forefront of Austral ian research on industrial relations institutions, numerous specialist tribunals enforcing individual workers' rights in employment have been virtually hidden from view. This paper examines the role of two such tribunals in New South Wales, the Government and Related Employees' Appeal Tribunal and the Equal Opportu nity Tribunal. It argues that although their most direct and public role is to resolve individuals' grievances, equally significant is the contribution of these agencies to the detailed regulation of employment relations and hence the increasing sophisti cation of labour management in public sector organizations since the late 1970s, and the institutionalization of management prerogatives and conflicts over an increasingly wide range of employment decisions.


2005 ◽  
Vol 68 ◽  
pp. 144-146
Author(s):  
Colin J. Davis

In this autobiographical account of labor relations on the Montreal waterfront, Alexander C. Pathy gives an insider account of the volatile relationship between shippers and longshoremen. Pathy worked as a lawyer and then official of the influential Maritime Employers Association (MEA). The MEA was in the forefront in changing employment relations to better fit the introduction of technological changes brought on by containerization. As in most ports around the world, the introduction of containerization was riven with challenge and controversy. The Port of Montreal, and the lesser ports of Quebec City and Trois-Rivieres, shared this common experience. According to Pathy up to 1960 the respective ports had seen little strife. Indeed, it would seem that the relations between the two sides had been relatively amicable. This would change once ship owners and stevedores embarked on a rationalization scheme to make the loading and unloading of cargo that much more efficient and speedier. Beginning in 1960, negotiations became increasingly heated and hostile. Not least was the problem of language. In what could be best described as mutual ignorance the employers negotiated in English, while the union representatives, reflecting the membership, spoke in French. It was no wonder that misunderstandings could occur because of poor translation. But according to Pathy more than language, the principal point of conflict was perception. Each side brought to the table mutual suspicion and hostility. The problem Pathy contends was, “Each party did not see its glass half full but half empty.”(40) Therefore, negotiations over gang size, technological improvements, hiring methods, and union jurisdiction all became major issues of contention. Adding to the complexity of the situation was the role of Canadian government. Canadian industrial relations law gave the government a vital stake in the negotiations. Just as important, as both official and wildcat strikes broke out, the government scrambled to stabilize the situation as ships were diverted to US ports. The loss of trade and thereby revenue was seen as a critical impairment to the maritime economy.


Itinerario ◽  
1997 ◽  
Vol 21 (1) ◽  
pp. 137-156 ◽  
Author(s):  
Mario Pastore ◽  
Herman Freudenberger

Government requires coercion, if only to arrest free riding. Physical coercion alone may not suffice for this purpose, however, and ideological means may be needed as well. This basic principle underlies all government. In market economies the coercive capabilities of government may be expected to be financed out of taxes ultimately levied on factor owners' money incomes, that is, on wages, profits, and rent. On the other hand, in economies where markets have not developed due to high transactions costs individuals' contributions to the provision of public goods will take the form of payments in kind and labour services. In this case, the free rider problem suggests labourers will attempt to shirk; the government, therefore, will have to compel labourers to work and, therefore, will appear to be coercing labour even though it may only be seeking to curtail shirking.


2019 ◽  
Vol 9 (1) ◽  
pp. 17-30
Author(s):  
Ade Tutty R. Rosa

ABSTRACT Problems related to public services include uncertainty over time, costs and ways of providing services to the community making poor service quality. The role of the Camat in the region is very important in terms of public services. The research focus is the Rancasari Riung sub-district of Bandung which requires synergy, measurable steps, coordinated to follow up on programmed problems that have not been effective. It is necessary to improve the ability of the government to be competent in providing services to the community and accepted in the industry, it requires the development of public policy bureaucracy and performance technology capacity. This study aims to improve the performance of government officials, especially the role of the Camat, to influence bureaucratic policy in the perspective of public policy, improve the ability of public service apparatus performance, create quality government, be able to play a role in the disruption and industrial revolution 4.0. Qualitative descriptive research method. Research results The role of Camat in the sub-district that was used as the focus of research in several aspects studied had not all had very good categories, especially related to quality and quality public services. Keywords: critical policy analysis, bureaucratic development, industrial revolution 4.0


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