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- Michael Burton
- Former deputy chair, PL Davies
The Central Arbitration Committee is a UK government body, established in 1975, [1] whose task is to oversee the regulation of UK labour law as it relates to trade union recognition and collective bargaining. [1] [2] [3] [4] [5]
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Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. A collective agreement reached by these negotiations functions as a labour contract between an employer and one or more unions, and typically establishes terms regarding wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. Such agreements can also include 'productivity bargaining' in which workers agree to changes to working practices in return for higher pay or greater job security.
The Australian Council of Trade Unions (ACTU), originally the Australasian Council of Trade Unions, is the largest peak body representing workers in Australia. It is a national trade union centre of 46 affiliated unions and eight trades and labour councils. The ACTU is a member of the International Trade Union Confederation.
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £11.44 for over-23-year-olds from April 2023 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities or NHS foundation trusts, staff can vote for the directors of the organisation. In enterprises with over 50 staff, workers must be negotiated with, with a view to agreement on any contract or workplace organisation changes, major economic developments or difficulties. The UK Corporate Governance Code recommends worker involvement in voting for a listed company's board of directors but does not yet follow international standards in protecting the right to vote in law. Collective bargaining, between democratically organised trade unions and the enterprise's management, has been seen as a "single channel" for individual workers to counteract the employer's abuse of power when it dismisses staff or fix the terms of work. Collective agreements are ultimately backed up by a trade union's right to strike: a fundamental requirement of democratic society in international law. Under the Trade Union and Labour Relations (Consolidation) Act 1992 strike action is protected when it is "in contemplation or furtherance of a trade dispute".
In labor law, a union shop, also known as a post-entry closed shop, is a form of a union security clause. Under this, the employer agrees to either only hire labor union members or to require that any new employees who are not already union members become members within a certain amount of time. Use of the union shop varies widely from nation to nation, depending on the level of protection given trade unions in general.
The Australian Industrial Relations Commission (AIRC), known from 1956 to 1973 as the Commonwealth Conciliation and Arbitration Commission and from 1973 to 1988 as the Australian Conciliation and Arbitration Commission, was a tribunal with powers under the Workplace Relations Act 1996 that existed from 1956 until 2010. It was the central institution of Australian labour law. The AIRC replaced a previous system of industrial courts, which broadly speaking, was engaged in the same functions, but with superior independence and powers.
Trade unions in Malaysia are regulated by the Trade Unions Act of 1959 and the Industrial Relations Act of 1967.
A strikebreaker is a person who works despite a strike. Strikebreakers are usually individuals who were not employed by the company before the trade union dispute but hired after or during the strike to keep the organization running. Strikebreakers may also refer to workers who cross picket lines to work.
Union busting is a range of activities undertaken to disrupt or weaken the power of trade unions or their attempts to grow their membership in a workplace.
The Employment Relations Act 1999 is an Act of Parliament of the United Kingdom. It made significant amendments in UK labour law to the Trade Union and Labour Relations (Consolidation) Act 1992.
The Trade Union and Labour Relations (Consolidation) Act 1992 is a UK Act of Parliament which regulates United Kingdom labour law. The act applies in full in England and Wales and in Scotland, and partially in Northern Ireland.
The Ministry of Labour was a British government department established by the New Ministries and Secretaries Act 1916. It later morphed into the Department of Employment. Most of its functions are now performed by the Department for Work and Pensions.
The Industrial Conciliation and Arbitration Act 1894 was a piece of industrial relations legislation passed by the Parliament of New Zealand in 1894. Enacted by the Liberal Government of New Zealand, it was the world's first compulsory system of state arbitration. It gave legal recognition to unions and enabled them to take disputes to a Conciliation Board, consisting of members elected by employers and workers.
The Court of Arbitration was the first court in New South Wales, a state of Australia which dealt exclusively with industrial relation disputes in the early twentieth century. Justice Lance Wright claims that it perhaps was the first court of its type in the world. The court was unique at that time as it was the first court of its type to deal with labour relations between employer and employees on a compulsory basis. Previous arbitration measures between employer and employee had been on a voluntary basis or had been based on the criminal justice system through the use of criminal penalties. The conventional economic model is that both employer and employee enjoy equal bargaining power to set wages and conditions. This asserts that both parties are able to agree on a fair market price for the cost of labour free from distortions. However, where employers or employees group together, these outcomes can be distorted particularly in “boom” or “bust” economic conditions. The purpose of the court was to change the manner in which employers and employees negotiated pay and conditions. It was an attempt to reduce the power imbalances between employer groups or employee unions that arose from using collective bargaining, and the resulting use of that market power to influence wages, and also to reduce the threat of lockout or strikes to achieve those ends.
The Burke Group is a U.S.-based international management consulting firm. Formally known as Burke International and founded in 1982 by Steven J Burke Sr., the company has headquarters in Canberra, Australia; Casper, Wyoming, United States; Los Angeles, United States and London, United Kingdom.
The Commonwealth Conciliation and Arbitration Act 1904 (Cth) was an Act of the Parliament of Australia, which established the Commonwealth Court of Conciliation and Arbitration, besides other things, and sought to introduce the rule of law in industrial relations in Australia. The Act received royal assent on 15 December 1904.
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation.
R v Central Arbitration Committee[2002] EWCA Civ 512 is a UK labour law case, concerning collective bargaining and the statutory recognition procedure of Trade Union and Labour Relations (Consolidation) Act 1992, Schedule A1.
Fullarton Computer Industries Ltd v Central Arbitration Committee [2001] Scot CS 168 is a UK labour law case, concerning collective bargaining.
R v Central Arbitration Committee[2005] EWCA Civ 1309 is a UK labour law case, concerning collective bargaining.
Sir John Crossley Wood (1932–2014) was formerly professor of law and Dean of the School of Law at the University of Sheffield. For his work as an industrial arbitrator and conciliator he was appointed a CBE and then granted a knighthood.
