Few choices under work choices

This paper sets out the history of the philosophical understanding held by the major political parties towards the governance of the Australian industrial relations system. In so doing it notes there has been a long legacy of socialist and conservative political and ideological support for mediating industrial conflict through the institutional agencies provided by conciliation and arbitration tribunals. The discussion notes the erosion of this legacy under the recent ascendancy of neo-liberal political and neo-classical economic thought, an ascendancy that has seen a significant retreat of state responsibility for mediating relations between the two sides of industry in the name of improving business productivity and national economic outcomes. The passing of the Workplace Amendment (Work Choices) Bill 2005 is the latest legislative manifestation of this thinking. This paper challenges the labour market assumptions and expectations of the Bill by arguing that equality in bargaining power between the two sides of industry in the manner afforded by conciliation and arbitration tribunals is essential for any genuine and lasting prosperity to exist between labour and capital.

Work choices : a fair go gone

This paper sets out the history of the philosophical understanding held by the major political parties towards the governance of the Australian industrial relations system. In so doing it notes the legacy of socialist and conservative ideological underpinnings of political support for industrial mediation in the form of conciliation and arbitration tribunals. The discussion notes the recent abrogation of this legacy under the political ascendancy neoclassical economic thought. It challenges the labour market assumptions upon which this thought is based, and in so doing argues against the asserted merits of the proposed Workplace Amendment (Workchoices) Bill 2005.

The role of dualities in arbitrating continuity and change in forms of organizing

A substantial body of literature on new forms of organizing has forecast the end of bureaucracy. More recent empirical studies, however, indicate that high-performing organizations are adopting dual forms of organizing in which the controllability advantages associated with traditional forms work to complement and support the responsiveness attributes of new forms of organizing. The paradox is that, if organizations discard the key planning, co-ordinating and direction-setting mechanisms of traditional forms of organizing, they also remove the stabilizing dimensions of organizational form that are essential in periods of uncertainty and change. The challenge for organizations lies in learning how to manage the tensions or dualities between traditional and new forms of organizing, a process demanding the arbitration of continuity and change. This paper explores the concept of dualities and its salience in the management of organizing forms. First, the nature of dualities is explained; secondly, a set of characteristics is developed to describe the behaviour of dualities; and thirdly, suggestions are presented for arbitrating the tensions that exist in organizing form dualities. These three contributions are relevant because they signal the route to the effective creation and management of organizing form dualities, the benefit of which is the constructive combination of dynamic capabilities (underpinning innovation and responsiveness, the hallmarks of new forms of organizing) and operational capabilities (underpinning stability and efficiency, the hallmarks of traditional forms of organizing).

New dog, old tricks : solving a conflict of laws problem in CISG arbitrations

Parties to international sale of goods transactions often exercise their rights to choose a governing law and refer disputes to arbitration . Where their choice is incomplete, as is the case where the contracts for the International Sale of Goods (CISG) is chosen, complex conflict of laws problems can arise, including disputes over the governing limitation period. While such disputes are traditionally resolved using conflict of laws methodologies, this article argues a superior solution can be achieved through procedural late. Through a simple discretion, arbitral tribunals may apply the limitation period from either the International Institute for the Unification of Private Law (UNIDROIT) Principles 2004 or the UN Limitation Period Convention. Such an approach makes determination of the governing limitation period a simpler process, allowing parties to focus their attention on what they are really concerned with—the merits.

Board structure and firm performance : evidence from India's top companies

Manuscript Type: Empirical

Research Question/Issue: This paper investigates the relationship between internal governance structures and financial performance of Indian companies. The effectiveness of boards of directors, including board composition, board size, and aspects of board leadership including duality and board busyness are addressed in the Indian context using two theories of corporate governance: agency theory and resource dependency theory.

Research Findings/Insights: The study used a sample of top Indian companies taking into account the endogeneity of the relationships among corporate governance, corporate performance, and corporate capital structure. The study provides some support for aspects of agency theory as a greater proportion of outside directors on boards were associated with improved firm performance. The notion of separating leadership roles in a manner consistent with agency theory was not supported. For instance, the notion that powerful CEOs (duality role, CEO being the promoter, and CEO being the only board manager) have a detrimental effect on performance was not supported. There was some support for resource dependency theory. The findings suggest that larger board size has a positive impact on performance thus supporting the view that greater exposure to the external environment improves access to various resources and thus positively impacts on performance. The study however failed to support the resource dependency theory in terms of the association between frequency of board meetings and performance. Similarly the results showed that outside directors with multiple appointments appeared to have a negative effect on performance, suggesting that "busyness" did not add value in terms of networks and enhancement of resource accessibility.

Theoretical/Academic Implications: The two theories of corporate governance, namely agency and resource dependence theory, were each only partially supported, by the findings of this study. The findings add further to the view that no single theory explains the nexus between corporate governance and performance.

Practitioner/Policy Implications: This study demonstrates that corporate governance measures utilized in developed economies related to boards of directors have some synergies and relevance to emerging economies, such as India. However, the nature of business structures in India, for example the large number of family businesses, may limit the generalizability of the findings and signals the need for further investigation of these businesses. The evidence related to multiple appointments of directors suggests that there may be support for restricting the number of directorships held by any one individual in emerging economies, given that the "busyness" of directors was negatively associated with firm performance.

Technology licensing and grantbacks under hidden information

This paper explores technological transfer via licensing under hidden information. The transaction features a quality choice of technology to be transferred between a licensor and a licensee that has private information about its ability to implement and refine the technology. The model accounts for the possible damage that drastic refinements and reverse licensing can do to the licensor's market position, and makes predictions on the structure of licensing contracts. We show under what conditions a licensing contract will include a further contractual provision such as a grantback clause. Finally, the welfare implications of grantback inclusion are assessed.

Social identities and law students' writing

This paper argues that social identities, discursively speaking, consist of ‘positions’ that are individuated by distinctive linguistic features. These include distinctive patterns of representation indicated by clause structure and type, a set of priorities for attending to what is important indicated by thematic structure, and an orientation to the represented world and to self as indicated by modality, propositional attitudes and tense. A social identity comprises an array of these often contradictory ‘positions’ associated with a social or professional role. A person’s identity is constituted dynamically by the way they ‘reconcile’ the various positions that make up the social identity, and also, as Archer and Ivanic argue, by the way they reconcile a social with a personal or autobiographical identity. It is argued that this process of reconciliation gives clues about identity formation in the traces it leaves in grammatical texture.

This paper uses a simulated letter of advice to a client written by a group of first year law students to explore the discursive construction of social or professional identity. This letter is poorly written and full of grammatical mistakes and infelicities. It is argued that the mistakes provide a linguistic trace of the students’ struggle to reconcile the conflicting roles and positions they occupy as authors of the letter. In particular the students’ problems result from a struggle to reconcile their multiple positions as: students writing for assessment by a tutor about a legal problem, as a simulated firm of solicitors advising to a client, and as potential litigators anticipating the future course of events in their simulated moot court appearance.

Devaluation of a constitutional guarantee : the history of section 51(xxiiiA) of the Commonwealth Constitution

This article describes constitutional and socio-historical background to the referendum that led to the inserrion of s 51(xxiijA) into the Commonwealth Constitution. It traces judicial interpretations of the clause 'but not so as to authorise any fonn of civil conscription' through the major cases, including British Medical Association v Commonwealth, General Practitioners Society v Commonwealth, and Alexandra Private Geriatric Hospital Pty Ud v Commonwealth. The issue of the powers of the Commonwealth to regulate private medical practice without infringing the constitutional guarantee against civil conscription is analysed in the context of the development of National Health Care Schemes for financing medical benefits (Health Insurance Commission v Peverill). Constitutional aspects of the 1995 legislation enabling the introduction into Australia of purchaser-provider agreements ('managed care ') are also examined. Finally, the article questions the constitutionality of the Australian Competition and Consumer Commission s powers to regulate the essential elements of the patient-doctor relationship.

Design of secure watermarking scheme for watermarking protocol

Watermarking technique enables to hide an imperceptible watermark into a multimedia content for copyright protection. However, in most conventional watermarking schemes, the watermark is embedded solely by the seller, and both the seller and the buyer know the watermarked copy, which causes unsettled dispute at the phase of arbitration. To solve this problem, many watermarking protocols have been proposed using watermarking scheme in the encrypted domain. In this paper, we firstly discuss many security aspects in the encrypted domain, and then propose a new method of homomorphism conversion for probabilistic public key cryptosystem with homomorphic property. Based on our previous work, a new secure watermarking scheme for watermarking protocol is presented using a new embedding strategy in the encrypted domain. We employ an El Gamal variant cryptosystem with additive homomorphic property to reduce the computing overload of watermark embedding in the encrypted domain, and RA code to improve the robustness of the watermarked image against many moderate attacks after decryption. Security analysis and experiment demonstrate that the secure watermarking scheme is more suitable for implementing the existing watermarking protocols.

Sui Generis protection for plant varieties and traditional knowledge in biodiversity and agriculture : the international framework and national approaches in the Philippines and India

The so-called ‘biotechnology clause’ of Article 27.3(b) of the WTO-TRIPS Agreement requires from member states protection for plant varieties either via the patent system or via an ‘effective sui generis system’ or by a combination of the two. Many developing countries prefer forms of sui generis protection, which allow them to include exceptions and protection measures for traditional agricultural practices and the traditional knowledge of farmers and local communities. However, ‘traditional knowledge’ remains a vaguely defined term. Its extension to biodiversity has brought a diffusion of the previously clearer link between protected subject matter, intellectual property and potential beneficiaries. The Philippine legislation attempts a ‘bottom-up’ approach focusing on the holistic perceptions of indigenous communities, whereas national economic interests thus far receive priority in India’s more centralist approach. Administrative decentralisation, recognition of customary rights, disclosure requirements, registers of landraces and geographical indications are discussed as additional measures, but their implementation is equally challenging. The article concludes that many of the concepts remain contested and that governments have to balance the new commercial incentives with the biodiversity considerations that led to their introduction, so that the system can be made sufficiently attractive for both knowledge holders and potential users of the knowledge.

Restructuring the architecture of state regulation in the Australian and Aotearoa/New Zealand cleaning industries and the growth of precarious employment

This paper examines changes in the commercial cleaning industry in Australasia which are occurring against a backdrop of significant transformation in the mode of labour market regulation in both countries. Specifically, whereas for most of the twentieth century both Aotearoa/New Zealand and Australia had systems of labour market regulation in which the state provided minimum wage and work protections through the interventions of arbitration courts, in the past few years these courts have either been abolished (in the case of New Zealand) or severely restricted in their ambit (in the case of Australia), all as part of a neoliberal effort to introduce “flexibility” into labour markets. The result has been an erosion of wages and a worsening of conditions of employment for cleaners and many other groups of workers. At the same time, this transformation in the architecture of labour market regulation poses significant challenges to unions seeking to represent cleaners and other low-paid service sector workers.

Consciousness-raising tasks versus deductive approach : two form-focused instruction types in teaching grammar to Iranian high school EFL learners

Consciousness-raising (CR) task is a new way of teaching grammar developed in communicative contexts although little has been written on the effectiveness of CR tasks in EFL setting. The present study is an attempt to investigate the impact of CR tasks in Iranian EFL setting by comparing them with deductive, grammar lessons common in the Iranian schools. The subjects of this study were 80 EFL pre-university male students who were randomly assigned to an experimental group and a control one. The control group received three ordinary teacher-fronted, deductive lessons, a common way of teaching methodology in Iran, on three grammatical structures (adverb placement, indirect object placement and the use of relative clause). The experimental group, however, was treated with three ‘consciousness-raising’ (CR) tasks dealing with the same target structures. The results showed that in the short-run, CR tasks were as effective as deductive approach in promoting the learners’ grammatical knowledge while in the long-run, the CR group maintained their gains more effectively than the deductive group. The conclusion is that CR tasks can function more effectively than deductive approach if the following conditions are met: (a) performing the consciousness-raising tasks in learners’ L1; (b) providing the learners with feedback whenever they encounter a problem in solving the tasks; (c) grouping the learners in such a way that at least one learner in each group would be more proficient than the other members to help the less proficient ones understand and discover the rules more effectively.

Facilitating a no-blame culture through project alliancing

Innovation occurs within the safety of a no-blame culture yet we see surprisingly scant literature on how this is facilitated within a construction project management context. The purpose of this paper is to demonstrate how innovation and promotion of innovative thinking in action is enabled through a no-blame culture in project alliances in Australia. We argue that innovation is dependent upon collaboration and true collaboration is inextricable linked to behavioural drivers. Foremost of these is a culture of openness and willingness to share the pain and gain from experimentation. Further, this culture requires that collaborators be protected from the threat of being blamed and held accountable for experimental failure. We draw upon theory and data gathered over several recent research studies on the experience of project alliances in Australia. The project alliance procurement form has a unique ‘no-blame’ behavioural contract clause that is crucial in developing a collaborative culture where innovation can evolve through a process of trial and error.