The Australian industrial relations system has historically been highly influenced and regulated through the process of arbitration and conciliation (Reference). In the early 20th century arbitration and conciliation was determined through tribunals and industry based awards which determined wages and employment conditions. Conciliation and arbitration was highly dependent on the influence and power of trade union membership within the workplace. Since the early 1900’s the arbitration and conciliation process has been replaced with an industrial relations system which has been consistent with the decline of union membership to 28 percent of the workforce (reference) This has resulted in more employees not being covered by a form of representation which then in turn has initiated …show more content…
The consequences of this Act favoured a formal system of agreement making, with awards becoming the minimum for conditions and the Australian Industrial Relations Commission (AIRC) becoming an independent tribunal to regulate these conditions. While individual agreements were limited because of the restraints of awards on common law contracts, enterprise bargaining gave businesses more opportunity to expand rules and decisions in workplaces were unions were weak (Reference). The legislation introduced instability of collectivism within the industrial relations system and provided the opportunity for individualism to develop and therefore for an employee voice (Reference). For an example, unfair dismissal under the Conciliation and Arbitration Act and the Industrial Relations Act would have required an employee claiming unfair dismissal to be represented by a union. The provisions under the 1993 legislation have given individual employees the opportunity to initiate an unfair dismissal complaint without the representation of the
Structural Change and Australian Economy Structural change is the change in the pattern of production in an economy as certain products, processes of production and industries disappear and are replaced by others. The past century has seen the relative decline of agricultural and manufacturing industries, and the rise of services and new technology sectors. Structural change can be caused by a wide range of economic influences including changes in the pattern of consumer demand and technological change. The speed of structural change depends on the ability of an economy or industry to adjust quickly. People's natural resistance to change and government regulation often impedes the process of
Australia has gone from a highly centralized wage determination system to a mainly decentralized one. There has been a move away from accords and awards to enterprise bargaining, through the 96 Workplace Relations Act. Recent policies include changes to unfair dismissal claims and the 2005 workplace reforms package.
Australia is a two tiered system including a private and public sector. Medicare is a universal health insurance scheme under the public system. It was introduced on the 1st of February 1984 by the Australian Labor party the principal is for all Australian to have equal access to health. There are three levels of government these include Local, State or territory and Federal, all three have different roles to perform in terms of health care. The local government is responsible for towns and districts, moreover, local councils or shires function is to operate systems and projects such as sewage, garbage disposals and maintenance of the safety food standard. Both state and federal direct different parts of Medicare. State government manages public hospital within their territory or state, the state government receives 40%-50% of the total cost of expenditures for the public hospital from the Federal government. Lastly, Federal role includes payments to primary health services there include GPs, the majority of nurses, medical specialists and allied health professionals. In 1996 Budget guaranteed the renewal of private health insurance.
This report will show an overview of the current state of the Australian economy and its management by the Federal government through examining economic indicators such as economic growth (GDP), unemployment, inflation and trade.
Australia became a commonwealth of the British Empire in 1901. It was able to take advantage of its natural resources to rapidly develop its agricultural and manufacturing industries and to make a major contribution to the British effort in World Wars I and II. Now, Australia has a prosperous Western-style capitalist economy, with a per capita GDP at the level of the four dominant West European economies. Rich in natural resources, Australia is a major exporter of agricultural products, minerals, metals, and fossil fuels.
Figures released by the Australian Bureau of Statistics (ABS) in 2000, show that the decline in Australian union membership continues, despite the efforts of the Australian Council of Trade Unions (ACTU), to stop the slide. The ABS reports that trade union membership has dropped to 28 percent of the total workforce, compared to 1992, where there was 40 percent. (Australian Bureau of Statistics 2000.)
During 2011 employer associations in Australia conducted an active lobbying campaign to introduce legislative changes with respect to industrial relations. Predominantly they were seeking to diminish the power of collective bargaining and increase managerial control under the
Australia has several ties with other countries. These ties are established in several ways, one of which is through trade. The nature of trade includes exporting and importing goods and services which form trade links with partner countries. Trade comes with its advantages and disadvantages. Australia also takes part in multilateral agreements, such as APEC, to be able to strengthen trade links.
The statutory claim for unfair dismissal recognises that the common law cannot give adequate protection to the employees through the contract of employment, in that wrongful dismissal claim depends upon a breach of contract of the employment, usually in the form of inadequate notice being given by the employer. Many dismissals can be considered unfair that do not amount to the breach of the contract, for the wrongful dismissal claims look not to intention, motive, or the effect on an employee of a termination of the relationship nor to the procedural protections, but merely to the form of in which that relationship has been brought to the end. This paper will compare and contrast the different area between wrongful dismissal and unfair dismissal.
that contemporary society exists in a post-modern era where westernised societies enjoy the benefits of higher living standards, where the rights of employees are elicited within the Australian Constitution and the rights of humans are dictated within Geneva conventions. An era where employees are entitled to government pensions, allowances, superannuation, and employees accrue sick and annual leave (McDonald & Brownlee, 2001). Furthermore employees are able to seek union representation and are legally entitled to industrial action. McDonald and Brownlee (2001) assert that Fair Work Australia, established as an institution responsible for fixating minimum wage and resolving work related disputes, perpetuates the notion that Australia is in transition to become an egalitarian society with minimal class disparity.
The role of the tribunal and court systems in enforcing employment law is to ensure that cases brought before them are dealt with in a fair and consistent manner. Delivering an outcome that is consistent with the facts put before them. They have to consider the evidence placed by both the employee and the employer. In most cases it is for the employer to prove that they handled the case appropriately taking account of their internal procedures and ensuring that they were not in breach of any relevant employment legislation related to the employee and their circumstances.
Employment Rights Act 1996 - It deals with rights can get when at work including unfair dismissal, reasonable dismissal notice,
While the world has unanimously advanced and is more accepting of change, the workplace continues to be a place of discrimination, prejudice and inequality. Discrimination is broadly defined to ‘distinguish unfavourably’, isolate; and is context based (Pagura, 2012). Abrahams (1991) described the workplace as an ‘inhospitable place’ where gender disparity and wage gaps persist (Stamarski & Son Hing, 2015). Among other states and countries, the Australian government actively implements and passes laws to protect and maintain equal employment rights. While the objective of these laws is ‘to eliminate discrimination,’ the regulatory mechanisms in the legislation are largely ineffective at achieving this ultimate goal (Smith, 2008). However,
David Brody argues that the rise of contractual or collective bargaining relationships during the post WWII era formalized the relationship between employers and unions. The use of collective bargaining agreements to resolve workplace disputes weakened unions and the power of workers. Other actions, such as using collection bargaining as a form of substitution for direct action and using it instead of the strike for grievance and arbitration procedure served , also has weakened the unions and the power of workers. The rise of contractual or collective bargaining relationships changed the dynamic of the workplace, shifting the power from the union side to towards the employers. The perspective could best be argued suing Weber’s theory and
Alexander, R., & Lewer, J., (1998). Understanding Australian Industrial Relations (5th ed.). Sydney: Harcourt House, Chapter 7.