Killing no murder video on a Brisbane building site http://bushtelegraph.wordpress.com/2009/09/14/killing-no-murder/#comment-7362
What policy makers can do is to examine these detailed evidence – based arguments in this lodgement of complaint about the Fair Work Bill to the International Labour Organisation. Political discourse depends on the merits of the arguments that the Rudd/Gillard government, like Howard, is in breach of fundamental international standards. Rudd is striding the [...]
National Film and Sound Archives On the theme of Canberra and living here I enjoy viewing their films. The images and sounds of film, television, radio and recording are a reflection of our creativity â€“ a window onto our life and times, our dreams and stories, our place in the world. The National Film and [...]
In this concluding section I deal with lines of argument from those opposed to the right to strike. See below for references. Is the right to strike an historical anachronism or has it contemporary relevance? 1 â€˜Firewalling the right to strike is too muchâ€™ employer line Skilled industrial relations advocates settle collective bargaining and workplace [...]
I contend this ˜doublethink” applies again with the Fair Work Act (2009) albeit in a different form.
A new â€˜1984 doublethink political spinâ€™ that â€˜WorkChoices is deadâ€™ and the Fair Work Act (2009) establishes â€˜the right to strikeâ€™ and â€˜fair rights for workersâ€™ and a â€˜fair balance for allâ€™.
The ACTU in lobbying the new Labor government achieved advances in collective bargaining, provisions to ensure this happens if a majority of employees want it, with new good faith bargaining obligations and employment rights for individual workers, but not for the right to strike.
the Fair Work Act (2009) is a sell-out of the YRAW movement.
it would be â€˜odd in the extremeâ€™ if one clause later found technically not to be â€˜pertaining to the employment relationshipâ€™ and to be unlawful, would withdraw the protection. A technical legal matter that may take years, as in this case, to resolve through the courts should not remove the immunity for industrial action. The threat of the common law of torts means a â€˜grave, even crippling, civil liability for industrial action, determined years later to have been unprotected, is to introduce a serious chilling effect into the negotiations that such organisations can undertake on behalf of their members. It would be a chilling effect inimical to the process of collective bargaining.â€™ (43-68).
Worker and union collective bargaining industrial action for collective agreements is fully protected. Workers and unions are free at law to collectively bargain with the right to strike not only on wages and conditions but also over management prerogative decisions, industry development decisions etc. There are no sanctions for collective bargaining strikes that protect and advance the occupational, social and economic interests of workers.
Peaceful picketing is protected industrial action and is not subject to common law injunctions.
â€¢ An employer cannot employ â€˜replacementâ€™ labour to break a strike, but is required to negotiate. The ILO policy is that the hiring of workers to break a legitimate strike is a serious violation of freedom of association.
The Fair Work Act 2009 still denies this ILO collective bargaining right at the industry level or in pattern bargaining. DPM Gillard has sternly maintained her stance against pattern bargaining and industry industrial action.
In any debate for a â€˜firewallâ€™ protection, the principle is â€˜no penalties for withdrawing labour powerâ€™.
About The Author
Chris has worked in the trade union movement for 30 years and researches on left politics, union issues and China labour law. He lives in Darwin.
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