Prosecuting corporations and officers for industrial manslaughter-recent Australian developments

There have been concerns for some time about whether breaches of duty that cause a worker's death are appropriately dealt with under occupational health and safety legislation, or whether criminal prosecution is warranted in those cases involving recklessness or gross negligence. Defaulting employers are rarely prosecuted under existing criminal laws and there are serious doctrinal barriers to finding a corporation guilty of mens rea offences.
The Australian Capital Territory leads the way in Australia with the recent introduction of new criminal offences of industrial manslaughter for corporations and their senior officers. These laws rely on concepts of corporate liability based on organisational responsibility and corporate culture in the model Criminal Code Act 1995 (Cth) , thus avoiding the limitations of the identification doctrine. Other active Australian jurisdictions, whilst initially open to the notion of industrial manslaughter laws, have preferred to make changes to existing OHS laws to deal with the problem of workplace fatalities.
Whilst it has its limitations, and applies only in Australia's smallest jurisdiction, the Australian Capital Territory legislation reflects a commitment to treating workplace deaths with the seriousness they deserve, and making it easier to prosecute corporations whose operations are conducted recklessly or with gross negligence.

The trouble with income trusts

This paper sketches broadly the efficiency and equity effects of income trusts that make their use as a substitute for the direct holding of shares of a corporation problematic for tax policy purposes. The paper also considers the potential effectiveness of an equity recharacterization rule applicable to the high-yield junk debt that is the common feature of the basic income trust structure. The author suggests that this type of narrowly focused rule would be more target-efficient than other possible responses to income trusts, such as fundamental reform of the corporate income tax or the restrictions on the holding of trust units proposed in the 2004 budget. However, a principal difficulty in designing an equity recharacterization rule is ensuring that it applies equally to structures that realize the same effect as the basic income trust structure but do not use high-yield junk debt.
The author argues that income trusts are examples of tax-driven financial innovation in the sense that they replicate an existing set of securities and therefore have no nontax rationale. These securities are essentially redundant, and the innovative process of which they are a product does not constitute “genuine” financial innovation. This essential characteristic of income trusts distinguishes them from real estate investment trusts, which arguably do not present a tax policy problem (or at least not the same one). More particularly, income trust transactions are redundant in the sense that they do not complete capital markets by providing investors with a risk and return payoff profile that is otherwise unavailable. In the absence of any efficiency gains or desirable distributional effects associated with income trusts, the available tax benefit is the subject of a defensible government response intended to eliminate it. But without any clear evidence that income trusts are substituted generally for the corporate form, any response can defensibly be limited to a narrowly targeted one that introduces a “taxlaw friction” by shifting the debt-equity boundary that is the focus of the basic income trust structure. Because the precise dividing points along this boundary lack any obvious normative content, the suggested policy focus should be the development of a legislative response that redraws the debt-equity boundary in a manner that minimizes perceived efficiency losses otherwise associated with the use of income trusts.

Conceptualising industrial relations in the "risk society"

This paper contrasts the characteristics of different types of modernities, noting the present transition occurring between its simple and reflexive manifestations. It then demonstrates how mainstream industrial relations theories have long been framed by a collectivist 'risk insurance principle '. In combining these two observations the argument is made that theories built around institutional dependencies that rely on the evidence or assumption ofoperable risk insurance principles and collective guardianships of workplace well being make less sense in a world of emerging personal narratives ofchoice and dependency that centre around individuals taking personal responsibility for avoiding or diminishing the risks of their engagement with uncertain labour markets. The discussion concludes by setting out the social and epistemological conditions under which future industrial relations theorising might beframed so as to accommodate these emerging conditions in a manner that is both realistic and relevant.

Factors influencing money left on the table by property trust IPO issuers

While previous listed property trust (LPT) initial public offering (IPO) studies have identified low under pricing returns, this study specifically examines the amount of money left on the table by the pre-IPO owners in this category of IPO. This study investigates 58 property trust IPOs in Australia from 1994 to 2004 and finds that the amount of money left by LPT IPOs is considerably less than industrial company IPOs, implying considerably less uncertainty about the valuation of such IPOs compared to industrials. We also find that more recent (post 2000) LPT IPOs in Australia appear to be significantly different to previous LPT IPOs in both money left and under pricing terms.

Intangible assets and the underpricing of industrial company initial public offerings

This study analyses 262 industrial company initial public offerings (IPOs) in Australia from 1994 to 1999. It finds that the identification and valuation of brand name, trademark, patent and capitalized research and development cost intangible assets in the prospectus significantly reduces underpricing. The identification of goodwill and license cost intangibles does not appear to be significant to underpricing. This paper supports the Beatty and Ritter (1986) argument that IPOs may display financial and nonfinancial characteristics that lower the uncertainty about the value of the lPO and hence lower the underpricing of that IPO. Our findings suggest implications for the issuer who wants to maximize the value of the firm at the time of the lPO, the underwriter who is required to guarantee the success of the capital raising and for the initial investors who are looking to reduce their uncertainty about the valuation of the lPO.

Publication bias in industrial relations research

Publication bias arises when statistically non-significant results are suppressed or when only results satisfying prior expectations are published. Like most fields, research in industrial relations is vulnerable to publication bias. In this paper qualitative and quantitative techniques are used in order to detect publication bias in the union-productivity effects literature. We find no evidence of publication bias in this literature, although there does appear to be autoregression in the published results.

Industrial relations and catholic social doctrine

This paper reviews the key principles of Catholic Social thought as they pertain to relations between labour and capital. It is argued that such principles are foundational for the conduct of ethical relations and the exercise of moral values in the workplace, and are recognisable in the right of workers to employment and just compensation for their labours, in the duty of employers to provide safe and engaging work for those in their charge, and in the obligation of the state to dispense wise governance in a manner that guarantees the welfare and security of all its citizens. It is argued that these principles have had de facto airing in Australian political and economic history, and that they might be usefully drawn upon again to protect the rights of workers under the current ascendency of neo-liberal policy solutions.

Behind WorkChoices : how one company changed Australia's industrial relations

Never has a form of legislation created such contentious and wide-reaching emotional debate in Australia. It has divided the community and has resulted in extensive media activity. To the forefront are Australian academics who have often been the resource of expert comment and their reports have been prolific. In this book, academics have taken to opportunity to write their own perception of the impact of Work Choices in the workplace.

Employment relations : integrating industrial relations and human resource management

Incorporating Human Resource Management policies within the regulatory and institutional framework that governs contemporary industrial relations has always been problematic. This paper details the nature and causes of this problem, noting the different conceptual and practical understandings that underpin each form of labour management when being applied in organisational settings. It then looks at a range of industrial relations realities confronting managers when trying to apply HRM practices, and how these practices might be accommodated within the context of such realities as a means of improving organisational effectiveness. In so doing it delineates four approaches an organisation might take in its relations with trade unions when bargaining and concluding labour contracts, and which of these are consistent and inconsistent with the coexistence of HRM and industrial relations practices. It then looks at the issue of workplace change involving trade unions and collective bargaining in terms of three categorical models—the management-driven model, the trade union gatekeeper model, and the management-union alliance model, the intention again being to show which are consistent and inconsistent with the coexistence of these different forms of labour management. The paper concludes by drawing on these conceptual models to outline the issues and policies that need to be considered when applying HRM practices within an industrial relations setting.

Differences in underpricing returns between REIT IPOs and industrial company IPOs

This paper follows Chan, Stohs, andWang (2001), which argues that the underlying value of the real estate is not by itself the reason for the very substantial differences in underpricing returns between real estate investment trust (REIT) IPOs and industrial company IPOs.We use variables identified in previous studies that have helped explain the underpricing of industrial company IPOs to help explain the underpricing of property trust IPOs. We find that the prospectus forecast dividend yield is a critical variable in the valuation and hence underpricing of REIT IPOs compared to industrial company IPOs. The sentiment towards the market and whether or not the issue is underwritten also impact the underpricing of REITs but the impact is much less than on industrial company IPOs.

Enabling industrial scale simulation / emulation models

OLE Process Control (OPC) is an industry standard that facilitates the communication between PCs and Programmable Logic Controllers (PLC). This communication allows for the testing of control systems with an emulation model. When models require faster and higher volume communications, limitations within OPC prevent this. In this paper an interface is developed to allow high speed and high volume communications between a PC and PLC enabling the emulation of larger and more complex control systems and their models. By switching control of elements within the model between the model engine and the control system it is possible to use the model to validate the system design, test the real world control systems and visualise real world operation.