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Labour 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.
A union security agreement is a contractual agreement, usually part of a union collective bargaining agreement, in which an employer and a trade or labor union agree on the extent to which the union may compel employees to join the union, and/or whether the employer will collect dues, fees, and assessments on behalf of the union.
Australian labour law concerns Commonwealth, state, and common law on rights and duties of workers, unions and employers in Australia. Australian labour law has a dual structure, where some employment issues and relationships are governed by Commonwealth laws, and others are governed by state and territory laws or the common law. It shares a heritage with laws across the Commonwealth of Nations, UK labour law and standards set by the International Labour Organization, the Australian legislature and courts have a built a comprehensive charter of rights at work.
Enterprise bargaining is an Australian term for a form of collective bargaining, in which wages and working conditions are negotiated at the level of the individual organisations, as distinct from sectoral collective bargaining across whole industries. Once established, they are legally binding on employers and employees that are covered by the Enterprise bargaining agreement. An Enterprise Agreement (EA) consists of a collective industrial agreement between either an employer and a trade union acting on behalf of employees or an employer and employees acting for themselves.
An Australian workplace agreement (AWA) was a type of formalised individual agreement negotiated between an employer and employee in Australia that existed from 1996 to 2009. Employers could offer a "take it or leave it" AWA as a condition of employment. They were registered by the Employment Advocate and did not require a dispute resolution procedure. These agreements operated only at the federal level. AWAs were individual written agreements concerning terms and conditions of employment between an employer and employee in Australia, under the Workplace Relations Act 1996. An AWA could override employment conditions in state or territory laws except those relating to occupational health and safety, workers' compensation, or training arrangements. An AWA was required to meet only the most minimal Australian Fair Pay and Conditions Standard. Agreements were not required to include effective dispute resolution procedures, and could not include prohibited content. Agreements were for a maximum of five years; approved, promoted and registered by the Workplace Authority; operated to the exclusion of any award; and prohibited industrial action regarding details in the agreement for the life of the agreement. The introduction of AWAs was a very controversial industrial relations issue in Australia.
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 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.
The New Zealand Employment Relations Act 2000 is a statute of the Parliament of New Zealand. It was substantially amended by the Employment Relations Amendment Act 2001 and by the ERAA 2004.
The Australian Pay and Classification Scales were legal instruments that formed part of the 2006 WorkChoices amendments to Australian labour law. These instruments were abolished when the Fair Work Act 2009 commenced operation in 2010.
The "fairness test" was a central concept of the WorkChoices industrial relations laws that operated in Australia from 2006 to 2010.
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.
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 collective bargaining, surface bargaining is a strategy in which one of the parties "merely goes through the motions", with no intention of reaching an agreement. In this regard, it is a form of bad faith bargaining.
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation.
South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa.
A master contract or master agreement is a collective bargaining agreement which covers all unionized worksites in an industry, market or company, and which establishes the terms and conditions of employment common to all workers in the industry, market or company.
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. It replaced the Howard government's WorkChoices legislation, it established Fair Work Australia, later renamed the Fair Work Commission.
Alexander Nicholas John Blain 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.
In Australian industrial law, unfair dismissal refers to an unlawful act of employment termination due to it being an unfair action on the employee by the employer.
References
- ↑ Murphy, Damien (30 July 2007). "Face of WorkChoices takes flak for ad blitz". The Sydney Morning Herald. Fairfax. Retrieved 28 August 2008.
- ↑ Fairness Test Backlog Continues To Grow
- ↑ Backlog on Fairness Test
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