The Fair Work Act: Encouraging collective agreement-making but leaving collective bargaining to choice

Walpole, Kurt

doi:10.1080/10301763.2015.1061817

Cited by 9 publications

(7 citation statements)

References 12 publications

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“…Bray et al., 2014: ch. 11; Coulthard, 2012; Gahan and Pekarek, 2012; Walpole, 2015). This section provides a very brief outline of their origins, the key parts of the current FW Act and comparisons with other countries.…”

Section: The (Unusual) Law On Nuca-makingmentioning

confidence: 99%

“…If an employee is represented by a union in bargaining, the employer is required to recognise and bargain with that union in good faith. However, agreements can still be made between employers and employees without union involvement and without negotiation of terms (see further Walpole, 2015). In common with the earlier legislation, employers can initiate the agreement-making process and seek approval of their proposed agreement after 21 days have elapsed without anything further, if no bargaining representative has sought to be recognised for that purpose.…”

Section: The (Unusual) Law On Nuca-makingmentioning

confidence: 99%

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Why doesn’t anyone talk about non-union collective agreements?

Bray

McCrystal

Spiess

2020

Journal of Industrial Relations

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Non-union collective agreements have become a common and widely accepted phenomenon in Australian industrial relations since the 1990s. This article asks why they are so rarely discussed in research, the media and public policy debates. On the way to exploring a range of factors that answer this question, we first summarise the relevant legislative provisions and reflect on their international exceptionalism. We review both data on the incidence and coverage of non-union collective agreements and the modest research on the practice of non-union collective agreement-making, almost all of which preceded the Fair Work Act. The penultimate main section analyses the few accounts of non-union collective agreements in the media and policy debates. The last main section presents our speculative and multi-causal answer to the why question.

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Section: The (Unusual) Law On Nuca-makingmentioning

confidence: 99%

Section: The (Unusual) Law On Nuca-makingmentioning

confidence: 99%

Why doesn’t anyone talk about non-union collective agreements?

Bray

McCrystal

Spiess

2020

Journal of Industrial Relations

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“…Critics note majoritarian membership criteria work well where union presence is strong but are ill‐suited for weakly organised workplaces. Card checks or employee petitions may offer more favourable outcomes to unions than ballots (Forsyth et al ., ; Walpole, ).…”

Section: Comparative Anglophone Bargaining Rightsmentioning

confidence: 99%

Ireland's conundrum on union bargaining rights: assessing the Industrial Relations Amendment Act 2015

Dobbins

Cullinane

Sheehan³

2020

Industrial Relations Journal

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Anglophone countries address the question of workplace‐level union bargaining rights via the mechanism of statutory recognition. Existing literature has evaluated such regimes as underpinned by several weaknesses. In contrast, Ireland presents an unusual case whereby the question of bargaining rights is resolved via collective dispute resolution procedures combining voluntary and statutory provisions. However, employer challenges and civil court rulings resulted in the weakening of these procedures from a trade union perspective. We assess the latest attempts to reform the Irish provisions via the Industrial Relations (Amendment) Act 2015, evaluating the implications for unions and their capacity to represent members' on pay and working conditions in comparison to Anglophone statutory recognition regimes.

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“…In not specifying in detail the substantive differences between union and non-union collective agreements, the Fair Work Act cannot be said truly to live up to its promise to 're-collectivise' employment relations (Walpole 2015). This, in combination with the electoral damage caused by WorkChoices in 2010, explains why the Coalition has been largely unsuccessful in attempts to alter the Fair Work framework since its reelection in 2013.…”

Section: Momentary Change Amid Continuity In Employment Relationsmentioning

confidence: 99%

“…Yet Fair Work did not take Australia back to the regulatory framework that existed before or during the Accord. Australia's employment relations system has remained relatively decentralised (Walpole 2015;Olson 2019). In that sense WorkChoices has left a legacy.…”

Section: What Is the Latest? A Comparative-historical Analysis For Our Timementioning

confidence: 99%

Meeting in the Middle

Ramia

2020

Governing Social Protection in the Long Term

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Over the last two decades Australia and New Zealand have become similar again, mirroring the closeness they shared when they first instituted social protection regimes a century ago. Their current closeness, however, is based on very different regimes to those they began with 130 years ago. Differences remain between them despite the re-convergence. Comparative accounts which cover the two regimes for the entire period since the mid-1990s are few, but those that exist tend to come from either the employment relations or the social policy perspective. Countering the increasing consensus that the re-convergence has been due mainly to material interests acting within the increasingly globalised economy, this chapter argues that traditional institutions have been most important.

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The Fair Work Act: Encouraging collective agreement-making but leaving collective bargaining to choice

Cited by 9 publications

References 12 publications

Why doesn’t anyone talk about non-union collective agreements?

Why doesn’t anyone talk about non-union collective agreements?

Ireland's conundrum on union bargaining rights: assessing the Industrial Relations Amendment Act 2015

Meeting in the Middle

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