The Honourable Nicholas Blain PhD (Lond), MEc (W.Aust.), FAHRI | |
---|---|
Nationality | Australian |
Education | |
Occupation | Economist |
Spouse | Danielle |
Children | 1 daughter and 1 son |
Alexander Nicholas John Blain (known as Nicholas or Nick) is an economist, specialising in industrial relations. He served as: a Presidential Member of the Australian Industrial Relations Commission; Chief Adviser to Western Australia's Labour Relations Minister, The Hon. Graham Kierath MLA, in Premier Richard Court's Liberal-National Government; and Head of Department of Industrial Relations at The University of Western Australia.
Blain's qualifications include honours and master's degrees in economics from The University of Western Australia (1961–66). In 1965, whilst undertaking his Master's studies, he was appointed Leader of an Australian Delegation of 40 Graduate Students, which conducted a three-month economic and cultural study tour of Japan.
Blain was awarded a PhD from the London School of Economics and Political Science in 1970. During his PhD studies, he became an industrial relations adviser to the United Kingdom National Board for Prices and Incomes.
Blain's PhD thesis became the influential book Pilots and Management: Industrial Relations in the UK Airlines (1972). [1] At the time, he was described by The Times of London as “probably the world's leading independent expert on why these highly paid, highly disciplined...men...have in recent years become so militant.” [2] In the Book's Preface, he acknowledges his Great-Uncle, Group Captain Grahame Christie, CMG, DSO, MC, a pioneer of British aviation, who gave him valuable insights into its development. [3] [4]
During a career spanning more than 50 years, Blain held senior business, academic, government and judicial positions.
Between 1971 and 1976, Blain was: Group Marketing Manager of Calsil Ltd (now Schaffer Corporation); an Executive at Merchant Banking firms Partnership Pacific Limited and Commercial Continental Ltd; [5] [6] [7] and Senior Economist at CSR Ltd. [8]
Blain was a senior academic in industrial relations at The University of Western Australia, where he served from 1976 to 1992. He was actively involved in the introduction and teaching of the first Master of Industrial Relations degree at an Australian university. [9] Blain rose to become Master of Industrial Relations Course Controller, Chairman of the Community Committee in Industrial Relations and head of department. [10]
Blain is the author of Industrial Relations in the Air: Australian Airline Pilots (1983). [11] This book was extensively quoted during the historic Australian domestic pilots’ dispute in 1989, in which he acted as a Mediator and Media Commentator. [12]
Blain has authored some 50 published articles on Industrial Relations and Business in international, national and other journals. [13] [14] [15] [16] He was a Research Consultant to both the Hancock Committee of Review into Australian Industrial Relations Law and Systems [17] and to the Holcroft Independent Public Inquiry into Domestic Air Fares (Australia). [18]
Blain was the Australian representative on a United States Information Service Delegation of labour relations experts from 25 countries, which conducted a month-long study tour of the US in 1983. [19]
In his academic years, he was a frequent National and State Commentator for Australian Broadcasting Corporation radio and TV on industrial relations and business.
He was President of the Industrial Relations Society of Western Australia, President of the Academic Staff Association [20] and Senate Representative at The University of Western Australia, and a Counsellor to the Committee for Economic Development of Australia.
Between 1993 and 2001, Blain was chief adviser to senior Western Australian Government Minister, The Hon. Graham Kierath MLA, in the portfolios of: Labour Relations; Works; Services; Multicultural and Ethnic Affairs; Health; Housing; Lands; Planning; Heritage; Employment and Training; and Minister assisting the Treasurer. [21]
At the time, Kierath and Blain formed the longest-serving industrial relations ministerial partnership in Australia. During their association, Blain was instructing officer [22] for historic reform legislation introducing: voluntary workplace agreements (individual and collective); [23] a minimum wage and minimum conditions of employment set by Parliament for all employees; [24] and compulsory secret ballots before strikes. [25] [26]
In 1993, Kierath introduced the Workplace Agreements Act 1993, the most significant and fundamental reform of the Western Australian industrial relations system since the enactment of the original Conciliation and Arbitration Act in 1900. [27] In a personal tribute to Blain, Kierath acknowledged his contribution to the direction of reform as “invaluable”. [28]
In 1996, this reform was followed nationally by the Howard Liberal-National Government, which introduced Australian Workplace Agreements [29] under the Workplace Relations Act 1996. The Hon. Peter Reith, who had responsibility for developing this federal legislation, acknowledged Blain's continuing help in his book, The Reith Papers. [30]
Meanwhile, Western Australian workplace agreements continued to prove attractive to employers and employees. Between 1 December 1993 and 31 January 1999, 161,601 agreements were registered. [31] In the 2000-2001 financial year alone, 82,331 applications for registration were made. [32]
By 2002, Western Australian workplace agreements had become the most important form of work regulation in the State's dominant resources sector, with approximately 85% coverage of all employees. [33] At that time, Western Australia provided nearly half (47%) of Australia's total mining exports. [34]
The Western Australian Minimum Conditions of Employment Act 1993 introduced, for the first time in Australia, comprehensive statutory minimum conditions for public holidays, annual leave, bereavement leave and parental leave for all employees in the State. [35] In 2002, the Act was amended by the Western Australian Labor Government to expand the range of such matters. [36]
In 2009, the Western Australian legislation was followed by the more comprehensive National Employment Standards in the Rudd Federal Labor Government's Fair Work Act. [37]
The Western Australian Liberal-National Government's compulsory secret ballots before strikes provisions commenced operation in 1997. They were followed by secret ballot proposals by the Howard Federal Government in 2000 [38] and 2002, [39] which finally took legislative effect in 2005. [40]
Blain was a Deputy President of the Australian Industrial Relations Commission (2001–08), [41] with the rank and status of a Federal Court Judge. [42] During this time, he conciliated, arbitrated or otherwise resolved some 1,600 industrial matters, none of which has been overturned on Appeal. [43]
In 2005, in recognition of his professional and human resources leadership experience, he was admitted as a Fellow of the Australian Human Resources Institute.
Since 2008, Blain has been in private practice, advising employers, employees and organisations on workplace relations. [44]
Blain was born in Perth, Western Australia, where he resides with his wife, Danielle. They have one daughter, one son and 6 grandchildren.
A trade union or labor union, often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages and benefits, improving working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees and protecting and increasing the bargaining power of workers.
Labour laws, labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union.
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 waterfront dispute of 1998 was an event in Australian industrial relations history, in which the Patrick Corporation undertook a restructuring of their operations for the purpose of dismissing their workforce. The restructuring by Patrick Corporation was later ruled illegal by Australian courts. The dispute involved Patrick Corporation terminating the employment of its workforce and locking out the workers of the workplace after the restructuring had taken place, with many of these workers members of the dominant Maritime Union of Australia. The resulting dismissal and locking out of their unionised workforce was supported and backed by the Australian Liberal/National Coalition Government.
Peter Keaston Reith was an Australian politician who served in the House of Representatives from 1982 to 1983 and from 1984 to 2001, representing the Liberal Party. He was the party's deputy leader from 1990 to 1993, and served as a minister in the Howard government.
Australian labour law sets the rights of working people, the role of trade unions, and democracy at work, and the duties of employers, across the Commonwealth and in states. Under the Fair Work Act 2009, the Fair Work Commission creates a national minimum wage and oversees National Employment Standards for fair hours, holidays, parental leave and job security. The FWC also creates modern awards that apply to most sectors of work, numbering 150 in 2024, with minimum pay scales, and better rights for overtime, holidays, paid leave, and superannuation for a pension in retirement. Beyond this floor of rights, trade unions and employers often create enterprise bargaining agreements for better wages and conditions in their workplaces. In 2024, collective agreements covered 15% of employees, while 22% of employees were classified as "casual", meaning that they lose many protections other workers have. Australia's laws on the right to take collective action are among the most restrictive in the developed world, and Australia does not have a general law protecting workers' rights to vote and elect worker directors on corporation boards as do most other wealthy OECD countries.
A modern award is a ruling in Australian labour law of the national Fair Work Commission or by a state industrial relations commission which grants all wage earners in one industry or occupation the same minimum pay rates and conditions of employment such as leave entitlements, overtime and shift work, as well as other workplace-related conditions. The national awards, with the National Employment Standards, provide a minimum safety net of terms and conditions of employment for all national system employees. The pay rates are often called award wages or award rates. Awards in Australia are part of the system of compulsory arbitration in industrial relations.
The Royal Commission into the Building and Construction Industry, or informally the Cole Royal Commission, was a Royal Commission established by the Australian government to inquire into and report upon alleged misconduct in the building and construction industry in Australia. The establishment of the Commission followed various unsuccessful attempts by the Federal Government to impose greater regulation upon the conduct of industrial relations in that industry.
WorkChoices was the name given to changes made to the federal industrial relations laws in Australia by the Howard government in 2005, being amendments to the Workplace Relations Act 1996 by the Workplace Relations Amendment Act 2005, sometimes referred to as the Workplace Relations Amendment Act 2005, that came into effect on 27 March 2006.
The Workplace Relations Act 1996 was an Australian law regarding workplace conditions and rights passed by the Howard government after it came into power in 1996. It replaced the previous Labor Government's Industrial Relations Act 1988 and Industrial Relations Reform Act 1993, and commenced operation on 1 January 1997. In 2005, the Howard government passed the Workplace Relations Amendment Act 2005 which came into effect on 27 March 2006 and substantially amended the original Act, bringing in the WorkChoices changes to Australian labour law. The Act was repealed on 1 July 2009 by the Fair Work Act 2009 passed by the Rudd Labor Government, and superseded by the Fair Work Act 2009.
The Australian Fair Pay and Conditions Standard was a set of five minimum statutory entitlements for wages and conditions introduced as part of the Howard government's WorkChoices amendments to Australian labour law in 2006 and then abolished by the Fair Work Act 2009 in 2010.
Overtime bans are a type of strike in which workers refuse to engage in overtime work, being any work that falls outside of contracted hours. They do this to leverage their employer into negotiating various working conditions. Often organised in unions, workers may choose this form of industrial action to bargain for a higher rate of pay, better working conditions or to discourage an employer from making redundancies. Unlike a full strike in which employees are usually in breach of their contract, workers engaging in overtime bans are typically well protected. Employers cannot legally withhold normal wages during an overtime ban if employees are not breaching the terms of their employment contracts by refusing to do overtime work. However, the legalities of overtime bans do vary between countries. Overtime bans are effective where "industries and organisations run on such habitually high levels of overtime or goodwill that overtime bans ... can have a significant and immediate impact upon the availability of a good or service". Historically, unions have at times received criticism on ethical grounds for choosing to enact overtime bans. The literature records the occurrence of such bans from the 1800s and there is documentation of their use in four continents.
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 Court–Cowan Ministry was the 32nd Ministry of the Government of Western Australia, and was led by Liberal Premier Richard Court and his deputy, the Nationals' Hendy Cowan. It succeeded the Lawrence Ministry on 16 February 1993, following the defeat of the Labor government at the 1993 election ten days earlier. The Ministry was reconstituted on 9 January 1997 following the December 1996 election, due in part to the retirement and resignation of several ministers—Richard Lewis, Kevin Minson, Roger Nicholls and Bob Wiese. The ministry was followed by the Gallop Ministry on 16 February 2001 after the Coalition lost government at the state election held on 16 February.
The Fair Work Commission (FWC), until 2013 known as Fair Work Australia (FWA), is the Australian industrial relations tribunal created by the Fair Work Act 2009 as part of the Rudd Government's reforms to industrial relations in Australia. Operations commenced on 1 July 2009. It is the successor of the Australian Industrial Relations Commission, and also performs functions previously performed by the Workplace Authority and the Australian Fair Pay Commission.
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation.
The National Trades Union Congress (NTUC) spearheads the labour movement of Singapore, which represents almost a million workers in the country across more than 70 unions, affiliated associations and related organisations. Singapore runs on a tripartism model which aims to offers competitive advantages for the country by promoting economic competitiveness, harmonious government-labour-management relations and the overall progress of the nation.
Graham Donald Kierath is a former Australian politician who served 11 years in the Parliament of Western Australia. He is best known for his five-year term as Western Australian Minister for Labour Relations.
The Fair Work Act 2009(Cth) is an Act of the Parliament of Australia, passed by the Rudd government to reform the industrial relations system of Australia. Replacing the Howard government's WorkChoices legislation, the Act established Fair Work Australia, later renamed the Fair Work Commission.
The Industrial Relations Court of Australia was a short-lived Chapter III Court whose jurisdiction was transferred from the Federal Court in 1994, and transferred back in 1997. In the words of former Chief Justice Robert French, "The tide went in, the tide went out". Every judge had a concurrent appointment in the Federal Court. Despite the transfer of jurisdiction, any existing matter or appeal from an existing matter remained in the Industrial Relations Court of Australia, with the result that the last case was not finally disposed of until 2005/6. The Court was not to be abolished until after the last judge had retired. The last judge to retire was Anthony North on 11 September 2018. The court was formally abolished on 1 March 2021.
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Table F7
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