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Author: Shae McCrystal
Publisher:
ISBN: 9781862877931
Category : Industrial relations
Languages : en
Pages : 308
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Book Description
This book examines whether there is a right to strike in Australia through a detailed study of the laws which impact on the capacity of workers to take industrial action.Beginning with an exposition of the obligation to respect the right to strike in international law, the book traces Australian strike law from the conciliation and arbitration systems, through to the present regime for enterprise bargaining.The study considers the current legal regime for industrial action, both at common law and under the Trade Practices Act 1974 and the Fair Work Act 2009. In particular, the concept of 'protected industrial action' is explored in depth, providing a comprehensive and up-to-date analysis.The book assesses the extent to which the protected industrial action regime under the Fair Work Act complies with Australia's international obligation to protect the right to strike. The book concludes that compliance with international obligations concerning the right to strike cannot be achieved while successive federal governments refuse to concede to industrial actors the degree of autonomy necessary for recognition of that right.
Author: Shae McCrystal
Publisher:
ISBN: 9781862877931
Category : Industrial relations
Languages : en
Pages : 308
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Book Description
This book examines whether there is a right to strike in Australia through a detailed study of the laws which impact on the capacity of workers to take industrial action.Beginning with an exposition of the obligation to respect the right to strike in international law, the book traces Australian strike law from the conciliation and arbitration systems, through to the present regime for enterprise bargaining.The study considers the current legal regime for industrial action, both at common law and under the Trade Practices Act 1974 and the Fair Work Act 2009. In particular, the concept of 'protected industrial action' is explored in depth, providing a comprehensive and up-to-date analysis.The book assesses the extent to which the protected industrial action regime under the Fair Work Act complies with Australia's international obligation to protect the right to strike. The book concludes that compliance with international obligations concerning the right to strike cannot be achieved while successive federal governments refuse to concede to industrial actors the degree of autonomy necessary for recognition of that right.
Author: Shae McCrystal
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This article examines the recent changes to the federal legal regime that controls the taking of protected industrial action in Australia. It considers the impact of both the Building and Construction Industry Improvement Act 2005 (Cth) and the Workplace Relations Amendment (Work Choices) Act 2005 (Cth). The article provides an overview of the restrictions now faced by federal system employees and unions that wish to engage in protected industrial action. This includes the imposition of secret ballots, restrictions on the level and content of bargaining and the removal of the discretion of the Australian Industrial Relations Commission in decision making. The article concludes that the Work Choices changes represent the most fundamental attack on the right to strike in Australia since its introduction in 1993, smothering the ability of employees and trade unions to take strike action in support of free collective bargaining.
Author: Bernd Waas
Publisher:
ISBN: 9789041150073
Category : Right to strike
Languages : en
Pages : 0
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Book Description
The present volume is an outcome of the proceedings of the World Congress of the International Society for Labour and Social Security Law which took place in Santiago, Chile, in September 2012. The country reports submitted at that time have been modified and updated, and more country reports have been added. Each chapter covers the following specific topics: legal definitions; the legal basis of the right to strike; the right to call a strike; the right to participate in a strike; lawful strikes according to their purpose; procedural requirements; peace obligations; other limitations to strikes; the public sector and 'essential services'; specific emanations of strikes and other forms of industrial action; legal consequences of lawful strikes; legal consequences of unlawful strikes; dispute resolution; support of strikers; parity of parties and neutrality of the state; and strikes in practice.
Author: John R. Niland
Publisher:
ISBN:
Category : Arbitration, Industrial
Languages : en
Pages : 24
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Book Description
Author: Marilyn Jane Pittard
Publisher:
ISBN: 9780409336016
Category : Industrial laws and legislation
Languages : en
Pages : 1095
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Book Description
Aust Labour & Employment Law
Author: Pietro Poretti
Publisher: Kluwer Law International B.V.
ISBN: 9041131620
Category : Law
Languages : en
Pages : 346
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Book Description
"The General Agreement on Trade in Services (GATS) extends the multilateral trading system to services. Little is said In the GATS about subsidies, beyond stipulating that subsidies are subject to the existing provisions, including the most-favoured-nation and national-treatment principles, and that Members shall enter into negotiations with a view to developing the disciplines necessary to avoid the trade distorting effects of subsidies." "This timely book provides a comprehensive analysis of services subsidies under the GATS. It begins with a description of services and trade in services, and of the salient characteristics that make regulation of services subsidies more complex than those associated with agricultural and industrial goods. It then analyzes the economic arguments underpinning the need for regulation, as well as the need for governments to retain sufficient latitude to implement non-trade-related policy measures. A description of the information available on services subsidies is followed by a classification of services subsidies according to their distortive effects, and by a detailed analysis of those elements that may form a definition of services subsidies for the purpose of a future regulatory framework." "A key section is devoted to the analysis of those existing provisions of the GATS that may exert a certain measure of discipline on services subsidies, and to the question of the desirability and technical feasibility of countervailing measures. Rules on services subsidies contained in regional trade agreements and the need for special and differential treatment for services subsidies by developing countries are also discussed. Finally, and prior to the conclusion, two sectoral studies deal with the question of subsidies aimed at attracting foreign direct investment and subsidies to the audiovisual sector." "This work represents the first extensive and comprehensive analysis of the issue of services subsidies in the context of the GATS, and includes numerous references to relevant European Union State Aid legislation and jurisprudence." --Book Jacket.
Author: Breen Creighton
Publisher: Oxford University Press, USA
ISBN: 0198869894
Category : Right to strike
Languages : en
Pages : 321
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Book Description
This book critically evaluates mandatory strike ballots as a means of protecting the 'democratic' rights of workers. Exploring empirical case studies from Australia and comparative analysis from a range of other countries, this book concludes that often the goal is to curtail strikes rather than support the democratic imperative for workers.
Author: Edward I. Sykes
Publisher:
ISBN:
Category : Labor laws and legislation
Languages : en
Pages : 326
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Book Description
Author: International Labour Office. Committee of Experts on the Application of Conventions and Recommendations
Publisher: International Labour Organization
ISBN: 9789221089476
Category : Collective bargaining
Languages : en
Pages : 180
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Book Description
Author: Mordy Bromberg
Publisher: Hardie Grant Publishing
ISBN: 1743584644
Category : Employee rights
Languages : en
Pages : 158
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Book Description
The Australian Charter of Employment Rights is a blueprint for the future of industrial relations in Australia.
The Charter is a back-to-basics attempt to define the rights of workers and employers. It is a simply expressed contemporary document that draws upon international as well as uniquely Australian rights and values to create a set of rights and obligations which all workplaces are encouraged to adopt and observe. The Charter enables a critique of current labour laws and any proposals for change.
The Australian Charter of Employment Rights is the collaborative effort of seventeen of Australia’s leading IR practitioners, lawyers and economists, edited by Mordy Bromberg and Mark Irving. It is the initiative of the Australian Institute of Employment Rights, an independent tripartite body representing workers, employers and the public interest.
“The Charter of Australian Employment Rights leads the way for industrial relations in Australia – a way towards greater harmony and greater prosperity. It is a worthy objective, which can be achieved by employers and workers adopting a template for workplace fairness.”
Bob Hawke
