A clear example where WorkChoices is not repealed by the Fair Work bill is the centralised national take-over of the State’s industrial relations systems covering all trading corporations. There was no choice for businesses or unions to be able to use or remain in the State jurisdictions. Many companies had good reasons in their own [...]
FWB: Corporations Law dominates
The Fair Work Bill based on the Corporations power is the dominance of corporate law over labour law. The High Court in the ‘WorkChoices’ decision held the Australian Constitution’s Corporations power allowed the Howard government legally the power to reduce the role of unions and to effectively extinguish workers rights and the IR systems created [...]
FWB: Unions downgraded
I argue that the Fair Work Bill downgrades legally the status of unions.Professor Harry Glasbeek argued (2008): ‘During the long reign of compulsory conciliation and arbitration, trade unions had become legitimate political participants. They had won the right to represent workers in an industry or occupation before a formally and functionally independent tribunal (the AIRC [...]
FWB: Bargaining issues
The Fair Work Bill does assist workers in bargaining. Where an employer refuses to bargain with its employees a union can ask FWA to determine if majority support exists for negotiating an enterprise agreement. If so, the employer will be required to bargain collectively with its employees in good faith. There is no doubt that [...]
Obama Inauguration
Obama Inauguration Content Where were you when Obama became President? Like any political citizen of the world, I follow US politics; e.g Guy Rundle’s daily Crikey reports have been great. We are in the wonderful city of Rotterdam, in the Hotel New York, and like billions all over the world soon to switch on CNN, [...]
Globalization from Below
Next Steps for Globalization from Below Earlier reports from Global Labor Strategies described the vision laid out in the “Beijing Declaration” on “The global economic crisis: An historic opportunity for transformation” and the specific proposals that make up its” transitional program” to move toward a “radically different kind of political and economic order.” This looks [...]
FWB: Hang the lawyers
I am concerned that the Fair Work bill before the Senate continues the juridification of industrial relations, where lawyers dominate. The Howard government’s ‘ 1984 spin’ had many believing WorkChoices was de-regulation – where the opposite was the case. Employers’ interests had previous labour law social justice rules removed. But rather than no regulation to [...]
Fabians in London
In London I attended a Fabian conference on Saturday 17th January. I am wearing my red rubber wrist band ‘fairness we can believe in’. It is clear that the capitalist crisis is severe and indeed the UK economy is in deep recession, as are Europe’s 27 countries. Despite earlier bail-outs and support, financial institutions are [...]
Fair Work Bill:breach of promise on collective bargaining
On the issue of fair collective bargaining rights, there is a deliberate breach of the ALP’s election promise by the government not to allow unions freedom to negotiate over the content of collective agreements. One of the extreme outrages of the WorkChoices regime unique in the OECD world was the ‘prohibited content’ regulation. Without listing [...]
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