101 resultados para federal industrial relations law


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Our model of negotiation for constructing Negotiation Decision Support Systems is based upon Principled Negotiation and uses trade-off manipulations in order to provide decision support. A resulting system, Family_Winner, was constructed using several information systems techniques. Trade-off Maps (a variant of Constraint Diagrams) are used to represent trade-off opportunities, while an empirically derived formula calculates the amount of compensation given to the ratings of issues remaining in dispute. The Issue Decomposition Hierarchy embedded in the system allows for the incorporation of sub-issues. Family_Winner was originally built for use in Australian Family Law. We believe our model can be extended for use in various other domains.

Family_Winner has been evaluated in the areas of industrial relations, international disputation and company disputes. Results from our evaluation suggest the system works satisfactorily in these domains. We conclude this paper by describing future projects that will develop and extend Family_Winner's functions and applicability.

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The text addresses workplace governance under the Fair Work Act 2009, as well as the role oftrade unions, employer associations, collective bargaining processes, and various laws pertaining to contracts of employment, equal opportunity and ...

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The impact of unions on productivity growth has received extensive
attention from researchers in industrial relations and economics. Despite
a voluminous literature, controversy continues regarding the effect of unions on productivity growth. In this paper, meta-analysis and metaregression
analysis is used to quantify the association between unions and productivity growth and to accomplish a quantitative assessment of the empirical literature. The results indicate that the overall association between unions and productivity growth is negative, especially for the U.S. The search for moderator variables revealed that most of the variation in the published results is artificial and can be attributed to specification differences.

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The impact of deregulation on dispersion of earnings in Victoria has been
acknowledged in the findings of the recent task force enquiry into industrial relations in Victoria. This paper argues that the link between hours worked and rates of pay has played a significant role in this increased dispersion. Drawing upon detailed analysis of hours and wages in Victorian agreements, data is presented on declining take-home pay flowing from the loss of penalty rates. This, we argue, is attributable to
the lack of substantive and procedural protections available to Victorian workers under schedule 1A of the Workplace Relations Act, and formerly under the Victorian Employee Relations Act, 1992. We contrast these findings with collective agreements trading off penalty rates certified by the Australian Industrial Relations Commission, and Australian Workplace Agreements approved by the Office of the Employment
Advocate. We conclude by suggesting there is a scale of fair outcomes attached to the wages/hours trade-off, directly attributable to the various institutional mechanisms now influencing Australian wage determination.

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This paper presents the results of an analysis of the relationship between organisational age and two specific aspects of labour flexibility-numerical
flexibility and workforce skill composition (as one facet of functional flexibility)that extends earlier work in two ways. First, it uses data from a large-scale national survey (the Australian Workplace Industrial Relations Survey [AWIRS)1995). Second. it focuses on two widely studied facets of labour flexibility, numerical flexibility and functional flexibility. Previous research has investigated the relationship between organisational age and aspects of organisation such as strategy and structure (Baum and Oliver, 1991; Henderson, 1999; Reed and Blunsdon, 1998). Henderson (1999) found that age effects were contingent on different organisational strategies and process. Reed and Blunsdon (1998) found that organisational maturity is associated with goal directed, or strategic flexibility characterised by low levels of formal rules and regulations but clarity a/purpose. But a more complex relationship was also identified - for example; very young organisations (founded in the 1990,) appear to have higher levels of formalisation at founding than organisations established in earlier periods. This paper investigates these questions further. The results show that the relationship between age; numerical flexibility and workforce skill composition is non-linear, but the data do not make it possible to separate age effects associated with aging, time of founding and changing environmental conditions.

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This study presents an analysis of the benefits of two team structures - quality circles and self-managing work groups - for Australian work organizations utilizing the Australian Workplace Industrial Relations Survey for 1995. The analysis indicates that firms with team structures have higher labor productivity, a flatter management structure and reduced employee turnover. The presence of team structures in Australian firms indicates a decrease in industrial harmony. The findings were inconclusive regarding absenteeism and profitability.


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What factors explain the Australian trade union merger wave between 1991 and 1994? Existing explanations largely attribute it to the pro –amalgamation policy of the Australian Council of Trade Unions (ACTU)and other union leaders,and to declining union membership and decentralised bargaining. This paper reviews discussion of the causes of mergers and publicly available evidence upon them. It concludes that current explanations of the merger wave are an over–simplification. The effects of ACTU leadership, official union policy,and members' views are complex and not uniform and require more disaggregated analysis. Also,there has been a tendency to overstate the importance of membership decline and decentralised bargaining and to over – look other environmental factors such as changing occupational structure. The paper cautions against the assumption that variables influencing ACTU policy also shape affiate actions.

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Structural shifts in labour markets and in households are impacting on the capacity of households and families to deal with risk. In Australia the post-Federation and post-war social settlement, based on the gendered assumptions underpinning the male breadwinner/female carer model, is no longer viable in an era of increasingly precarious employment, diverse family forms and deepening inequalities. Labour market and industrial relations changes, when combined with major demographic shifts such as divorce and population ageing, and increasing expectations for community care are contributing to a 'care crunch'. The article canvasses the challenge of developing a social risk protection framework that balances caring, work and quality of life.

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This paper investigates the extent to which the technical and social contexts of organizations independently affect levels of workplace trust. We argue that, in an organizational context, trust is not just a relationship between an individual subject (the truster) and an object (the trustee) but is subject to effects from the conditions of the work relationship itself. We describe the organizational context as comprising both a technical system of production (where work gets done through the specification of tasks) and a social system of work (where problems of effort, compliance, conformity and motivation are managed). We analyse the relationship between trust and these two aspects of workplace context (technical and social systems). We also operationalize this in terms of differences between industries,  occupational composition and human resource management practices. The model is tested using data drawn from the 1995 Australian Workplace Industrial Relations Survey. The results confirm that differences in industry, occupational composition and HRM practices all impact on levels of workplace trust. We review these results in terms of their implications for future research into the problem of analysing variation in trust at both the workplace and individual levels.

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The year 2003 was characterised by employer proactivism, and a preparedness to pursue new legal manoeuvres to prevent or terminate protected industrial action. A number of employers also resorted to lengthy lockouts (with few positive results) as bargaining tactics in enterprise negotiations. It was the year employers in the manufacturing and metals sector saw off the unions’ ‘Campaign 2003’, giving little ground on the key issues of reduced hours and contributions to trust funds for worker entitlements. The year was a joyous one for employers in the building and construction industry, as their dreams of a shackled and weakened union movement came a step closer to being realised, with the introduction of draconian industry-specific legislation by the Howard Government, arising from the recommendations of the Cole Royal Commission. On a positive note, the year also witnessed all the members of the ‘industrial relations club’ embrace and declare a common concern for work and family balance issues.

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This paper develops and applies several meta-analytic techniques to investigate the presence of publication bias in industrial relations research, specifically in the union-productivity effects literature. Publication bias arises when statistically insignificant results are suppressed or when results satisfying prior expectations are given preference. Like most fields, research in industrial relations is vulnerable to publication bias. Unlike other fields such as economics, there is no evidence of publication bias in the union-productivity literature, as a whole. However, there are pockets of publication selection, as well as negative autoregression, confirming the controversial nature of this area of research. Meta-regression analysis reveals evidence of publication bias (or selection) among US studies.

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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.

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Many union leaders and observers of unionism in industrially advanced countries have recently argued for stronger links between unions and social movements but their arguments leave the nature of social movements underspecified. This article reviews the literature on social movements and argues in favour of a minimalist theory of the social actor rather than choose between American and European approaches to studying social movements. Both Melucci's European approach and McAdam, Tarrow, and Tilly's American approach to integrating the European and American schools of thought on social movements are inadequate to the task of specifying social-movement unionism. Hindess's minimalist theory of the social actor and articulated arenas of conflict offers a stronger approach to understanding social-movement unionism and appreciating its strategic pertinence in particular times and places. Two episodes of contention in Sweden illustrate the advantages of a minimalist theory of articulated social-movement unionism.

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By any reckoning, the year 2005 will long be remembered as a watershed year for Australian industrial relations. While there were the usual types of industrial disputes, on-going enterprise bargaining and another round of arguments over the Australian Industrial Relations Commission’s (AIRC’s) annual safety-net review, the year was dominated by the looming re-writing of Australia’s industrial relations regulatory regime, made possible by the Government’s surprise majority in the Senate, granted to them in late 2004. Viewed as a looming dark cloud by some or a shining light by others, most of 2005 was spent in anxious anticipation of the Howard government’s impending ‘WorkChoices’ legislation. Employer groups spent much of the year lobbying the Howard government for the types of reforms long cherished, but only dreamed of by employers, for arguably 100 years. A once in a lifetime opportunity had presented itself and employer groups were determined to take full advantage of the situation, by ensuring that the government did not lose its nerve. Perhaps more importantly, however, in addition to lobbying the government, major employer organizations devoted significant resources to building the case for industrial relations reform and attempting to sell that message to the electorate. By year’s end, employers had succeeded in the first objective, but had seemingly failed in the second.