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.

Defendants' liability for pure mental harm to third parties in Australia : still a work in progress

In Australia, both common and statutory law allows compensation for negligently occasioned recognised psychiatric injury, but distinguishes between pure mental harm and consequential mental harm. This column briefly discusses the concept of pure "mental harm" and the major Australian cases relating to defendants' liability to third parties for causing them pure mental harm (Jaensch v Coffey (1984) 155 CLR 549 [PDF]; Tame v New South Wales; Annetts v Australian Stations Pty Ltd (2002) 211 CLR 317 [PDF]; Sullivan v Moody (2001) 207 CLR 562 [PDF]; and Gifford v Strang Patrick Stevedoring Pty Ltd (2003) 214 CLR 269 [PDF]). The analysis focuses on judicial approaches to determining liability in these cases, especially causation. Lack of guiding principles and precise tests for attribution of liability are illustrated by Kemp v Lyell McEwin Health Service (2006) 96 SASR 192 [PDF]. This case is analysed first in the context of common law, and then in the light of the reform legislation contained in the Civil Liability Act 1936 (SA) and similar provisions in other jurisdictions.

Political parties and democracy : Post-Soviet and Asian political parties

Political Parties and Democracy: Volume III: Post-Soviet and Asian Political Parties is the third volume in this five-volume set. It offers clearly written, up-to-date coverage of post-Soviet and Asian political parties from the unique perspective of distinguished indigenous scholars who have lived the truths they tell and, thus, write with unique breadth, depth, and scope.

Presented in two parts, this volume overviews post-Soviet parties, then discusses the realities on the ground in Georgia, Moldova, Russia, and Ukraine. Likewise, the book offers an introduction to Asian political parties, followed by chapters on China, India, Japan, Malaysia, and South Korea. Throughout, contributors explore the relationship between political parties and democracy (or democratization) in their respective nations, providing necessary historical, socioeconomic, and institutional context, and clarifying the balance of power among parties—and between them and competing agencies of power—today

Running on empty : 'modernising' the British and Australian labour parties

Australia's cultural cringe towards Britan does not just focus on the monarchy. Many in the ALP and the media pay undue deference to Tony Blair's so-called new Third Way. This book shows why the ALP needs to reassess its own history and examines the complex reality of how it compaes with the British Labor Party.

Perpetual revolution : people and state in socialist Cuba

This thesis examines the definition of “Revolution” in Cuba, exploring the political and social system that is associated with what people in Cuba call “the Revolution”, and placing special emphasis on people’s daily experiences of such systems. Through an analysis of organic movements of urban agriculture, alternative therapies emerging within the framework of a state-centred biomedical health system, and emigration this thesis aims to understand the lived experience of the Cuban Revolution