The Industrial Relations of In Place of Strife (1969): The Search for Sanctions through the Prism of Key Industrial Disputes

2021 ◽  
Vol 42 (1) ◽  
pp. 145-178
Author(s):  
Dave Lyddon
Keyword(s):  
Return To Work ◽  
Industrial Relations ◽  
White Paper ◽  
Industrial Disputes

The 1969 White Paper In Place of Strife was the Labour government’s response to the 1968 Donovan Report. Its most contested proposals were three penal clauses, where fines could be imposed: against unions for refusing to ballot in certain official strikes or if they struck against a ruling in inter-union recognition disputes; and against workers for refusing to return to work when a ‘conciliation pause’ was ordered in certain unconstitutional strikes (in breach of a disputes procedure). Peter Dorey’s political account Comrades in Conflict (2019) provides an opportunity to explore the industrial relations aspects of the White Paper. First, the proposed sanctions are explored in an analysis of the Donovan Report and government discussions. Second, key industrial disputes, which shaped the White Paper and the decision to present an interim bill, are examined. Third, the impracticability of fines on unconstitutional strikers prompted the exploration of legislative alternatives. The opposition of the Trades Union Congress is assessed.

The Stockpile Thesis and Industrial Relations at Kambalda

1986 ◽  
Vol 28 (3) ◽  
pp. 353-366
Author(s):  
Helen Lang
Keyword(s):  
Recent Work ◽  
Social Life ◽  
Industrial Relations ◽  
Mining Town ◽  
Close Relationship ◽  
Nickel Mining ◽  
Industrial Disputes ◽  
Strategic Variable ◽  
Consensual Approach

Some recent work on industrial relations in the Australian minirtg industry has focused on a close relationship between the incidence of strikes and the stockpiling of the mineral mined. It is argued that when demand for a mineral falls and the stockpile grows, management can afford the disruption to production caused by strikes. Hence management will take action to provoke strikes by introducing changes in work practices it knows will be opposed by unionists. Not only are the unions more likely to be defeated, but the company concerned is also able to reduce the size of its stockpile of ore. A case-study of the nickel-mining centre of Kambalda in Western Australia suggests that the size of the stockpile isfar less relevant when management and unions have a consensual approach to industrial relations. The stockpile is a strategic variable rather than a cause of industrial disputes. Whether the stockpile is manipulated as part of management's strategy will depend on innumerable, interdependent factors, including the organization of social life in a mining town and whether effective co operative relations develop between managers and unions.

Industrial Disputes: Essays in the Sociology of Industrial Relations

1969 ◽  
Vol 20 (1) ◽  
pp. 96
Author(s):  
John Crutchley ◽  
J. E. T. Eldridge
Keyword(s):  
Industrial Relations ◽  
Industrial Disputes

The Judicial Settlement of Industrial Disputes.

1924 ◽  
Vol 2 (1) ◽  
pp. 51-59
Author(s):  
Jethro Brown
Keyword(s):  
Industrial Relations ◽  
South Australia ◽  
Dual System ◽  
State Courts ◽  
Public Control ◽  
The Past ◽  
The Subject ◽  
Single State ◽  
Industrial Disputes

The subject upon which I have the honour to address you is so wide that within thetime at my disposal I can only hope to touch upon elementals. My task will be less onerous if I limit myself to the system of public control of industrial relations in South Australia. Each State of the Commonwealth has its own system. There is also a Commonwealth Court of Conciliation and Arbitration for the purpose of the settlement of industrial disputes which extend beyond the limits of a single State. This dual system of control by Courts of co-ordinate control has led to much conflict in the past. I can only say, speaking of time present, that practical necessities tend towards a co-ordination of the principles which underlie the decisions of Commonwealth and State Courts.

Unions and collective bargaining in Australia in 2018

2019 ◽  
Vol 61 (3) ◽  
pp. 357-381 ◽  
Author(s):  
Mark Bray ◽  
Johanna Macneil ◽  
Leslee Spiess
Keyword(s):  
Collective Bargaining ◽  
Industrial Relations ◽  
Coalition Government ◽  
Collective Agreement ◽  
Employment Relations ◽  
Federal Election ◽  
Non Union ◽  
Collective Agreements ◽  
Industrial Disputes ◽  
Wage Outcomes

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.

scholarly journals THE ROLE OF THE STATE IN INDUSTRIAL DISPUTE SETTLEMENT MECHANISMS IN NIGERIA

2018 ◽  
Vol 1 (1) ◽  
pp. 44-52
Author(s):  
Anthony Ideh DUMEBI ◽  
Adedoyinsola Olajumoke SHONUGA,
Keyword(s):  
Qualitative Research ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
State Intervention ◽  
The State ◽  
Research Approach ◽  
Role Of The State ◽  
Industrial Dispute ◽  
Industrial Disputes

Disputes and dispute resolutions are part and parcel of any functional industrial relations system. Therefore, the need to resolve them equitably, efficiently and effectively for the benefit of the actors is of paramount importance. The objective of this study is to examine the State intervention in dispute settlement and its contributions in peaceful resolution of disputes in Nigeria. The paper adopted the qualitative research approach. Relevant data were collected from the Lagos offices of the Federal Ministry of Labour and Employment, the Industrial Arbitration Panel and the National Industrial Court. The study found that the various pieces of legislation enacted by the State have positively impacted on the settlement of Industrial Disputes in Nigeria. However, it was observed that despite the positive contributions, there are still some areas for improvement. The study therefore made the following recommendations; that the powers of the Minister of Labour and Employment should be restricted to create an enabling industrial relations environment for the actors and that the parties to disputes should be allowed the choice of which method of disputes settlement to use among other recommendations.

scholarly journals Marikana and Beyond: New Dynamics in Strikes in South Africa

2017 ◽  
Vol 8 (2) ◽  
Author(s):  
Edward Webster
Keyword(s):  
South Africa ◽  
Large Scale ◽  
Industrial Relations ◽  
Constitutional Democracy ◽  
Union Power ◽  
Four Dimensions ◽  
Institutional Power ◽  
Power Resources ◽  
Industrial Disputes ◽  
New Vision

Political and social change in South Africa has been crucially shaped by large-scale strikes that have often taken a violent form. In spite of South Africa establishing a constitutional democracy in 1994 – and a new vision of industrial relations – violence has become so entangled in institutional life that South Africa has been described as a “violent democracy”. The massacre of thirty-four striking workers by heavily-armed police at Marikana in August 2012 was a culmination of this trajectory. The article explores the possibility of a nonviolent resolution of industrial disputes. This would require the capability of unions to recognise and strategically use the four dimensions of union power: structural, institutional, associational and societal. Without such capabilities, power resources may go unutilised, or be strategically ineffective. The article argues that in post-apartheid South Africa, associational power has become disconnected from institutional power. Instead of a vital interaction between the two, the institutions created by the new labour regime have become disconnected from the organisations that created them.

scholarly journals PEMBERDAYAAN ARBITRASE SEBAGAI LEMBAGA PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL DI LUAR PENGADILAN DALAM PERSPEKTIF POLITIK HUKUM

to-ra ◽  
2016 ◽  
Vol 1 (3) ◽  
pp. 167
Author(s):  
Gindo L. Tobing
Keyword(s):  
Trade Unions ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Legal Certainty ◽  
Institutional Approach ◽  
Political Perspective ◽  
Industrial Disputes ◽  
The Government

Arbitration is not well known, especially by the workers/laborers because of lack of internalization by the government, trade unions/workers and by employers. So until now there has been no industrial disputes are resolved through arbitration. With a variety of reasons the parties prefer the Industrial Relations Court (PHI) rather than arbitration and other settlement alternatives (conciliation) even prescribed pattern that justice can only be obtained through the courts alone. Changing the paradigm so that people do not always think only through PHI, justice and legal certainty can be obtained (justice in many rooms) arbitration should be empowered to propose improved regulation (amendment through MK), the institutional approach, culture, law. Model arbitration offered so-called Arbitration Pancasila because at each stage of the examination should be preceded by consensus, peace. Legal political perspective of stakeholders will give birth to the dispute settlement mainstreaming regulation on fairness, expediency and legal certainty through arbitration institutions.Kata Kunci: Pengadilan Hubungan Industrial, Pemberdayaan Arbitrase, Model Arbitrase dan Perspektif Politik Hukum

scholarly journals LEGAL STANDING SERIKAT PEKERJA DALAM MENGAJUKAN GUGATAN PADA PENGADILAN HUBUNGAN INDUSTRIAL (STUDI KASUS : PELANGGARAN HAK CIPTA ATAS NAMA DAN LOGO SERIKAT PEKERJA PADA PUTUSAN NOMOR 7/G/2017/PHI.JMB JUNCTO PUTUSAN MAHKAMAH AGUNG NOMOR 959 K/PDT.SUS-PHI/2017)

2019 ◽  
Vol 17 (1) ◽  
Author(s):  
Andari Yurikosari ◽  
Karina Hosea
Keyword(s):  
Supreme Court ◽  
Labor Unions ◽  
Industrial Relations ◽  
Legal Counsel ◽  
Legal Certainty ◽  
Legal Remedies ◽  
Legal Standing ◽  
The Supreme Court ◽  
Industrial Disputes ◽  
The Right

Based on Article 87 of UU Number 2 of 2004 concerning Settlement of Industrial Relations Disputes and Article 25, 1 Letter b concerning Labor Unions, labor unions as legal counsel have the right to represent their members in the Industrial Relations Court. However, in practice, Industrial Court Judges and Supreme Court Judges (Decision Number 7/G/2017/PHI.Jmb and Decision of the Supreme Court Number 959 K/Pdt.Sus-PHI/2017) decide that the legal counsel of LBH KSBSI has no legal standing to represent workers at PT. Petaling Mandra Guna with the consideration that the legal counsel of LBH KSBSI has violated the copyright of name and logo (Decision Number 378-K/Pdt.Sus-PHI/2017). So that raises problems, how is the position of the union as a legal counsel related to the legal standing and  the legal efforts of the LBH KSBSI? From these problems, the authors examined the normative research method. The results of the study show that the Industrial Relations Court is not authorized to decide on cases of industrial disputes based on copyright infringement on the name and logo, because the problem is not its authority and competence. Regulations regarding restrictions on legal remedies are regulated in SEMA which do not include the type and hierarchy of legislation. It is better, LBH KSBSI immediately submit a legal action in the form of a new lawsuit, so as to obtain legal certainty and the legislature immediately includes provisions for limiting legal remedies at SEMA to UU  No. 2 of 2004 concerning Settlement of Industrial Relations Disputes.

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