Academic literature on the topic 'Collective bargaining Retail trade Australia'

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Journal articles on the topic "Collective bargaining Retail trade Australia"

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Cooper, Rae, and Bradon Ellem. "The Neoliberal State, Trade Unions and Collective Bargaining in Australia." British Journal of Industrial Relations 46, no. 3 (September 2008): 532–54. http://dx.doi.org/10.1111/j.1467-8543.2008.00694.x.

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Gahan, Peter, Andreas Pekarek, and Daniel Nicholson. "Unions and collective bargaining in Australia in 2017." Journal of Industrial Relations 60, no. 3 (April 20, 2018): 337–57. http://dx.doi.org/10.1177/0022185618759135.

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In 2017, Australian unions faced ongoing membership decline and new institutional constraints, but emerged reinvigorated from a change in leadership and a policy re-set. Many unions faced a hostile environment for bargaining, with protracted negotiations in key sectors, attended by robust industrial action at times. The decline in union members and collective agreements reached a crisis point. A surprisingly diverse collection of individuals expressed concerns that the system of enterprise bargaining was not producing outcomes that were fair or economically sustainable, with some questioning whether the system had created the level playing field its architects had envisioned, as well expressing growing unease that reforms intended to constrain unions were undermining the original objective of the legislation. Heading into 2018, unions and the Australian Council of Trade Unions were seeking a political and legislative solution to the seemingly entrenched industrial difficulties they face, campaigning around the theme ‘change the rules’. Without significant change in the system, it is difficult to see that the coming years will see any change to these dominant patterns.
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Abd Razak, Siti Suraya, and Nik Ahmad Kamal Nik Mahmod. "AN ANALYSIS OF THE GOOD FAITH BARGAINING PRACTICE IN THE TRADE UNION RECOGNITION PROCESS: REFORM OF THE MALAYSIAN TRADE UNION LEGAL FRAMEWORK." IIUM Law Journal 27, no. 2 (December 18, 2019): 501–24. http://dx.doi.org/10.31436/iiumlj.v27i2.455.

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The trade union recognition process is a pre-requisite to the collective bargaining action of a trade union. The recognition is important to ascertain the competency of a trade union and the acceptance by the workers to represent them in the collective bargaining action with the employer. However, the ambiguities in the existing legislations on the trade union recognition process in Malaysia and the anti-union practices of the employer are currently depriving the workers of their rights to negotiate for better working conditions. The primary focus of the present work is to identify the weaknesses of the recognition legal framework and the anti-union practices of employers in the recognition process of trade unions. Secondly, is to critically analyse the good faith bargaining practice in other countries and its significance to the recognition process in Malaysia. To explore the anti-union tactics perpetrated by employers, semi-structured interviews have been conducted to analyse the trade unions’ experience in their recognition claims. This research employed a qualitative approach as the instrument to study the good faith bargaining practices in the Australian and New Zealand labour law framework. The findings reveal that the good faith bargaining practices in Australia and New Zealand have improved the odds for trade unions to represent the workers in negotiating collective agreements. The study finally concludes that in order to reform the recognition process of trade unions in Malaysia, the good faith bargaining practice should be implemented in the nation’s industrial relations law framework.
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McCallum, Ron. "Trade Union Recognition and Australia’s Neo-Liberal Voluntary Bargaining Laws." Articles 57, no. 2 (July 28, 2003): 225–51. http://dx.doi.org/10.7202/006779ar.

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Summary When Australia deregulated its economy in the 1980s, political pressures built up leading in the 1990s to the dismantling of Australia’s industry-wide conciliation and arbitration systems. New laws established regimes of collective bargaining at the level of the employing undertaking. This article analyzes the 1993 and 1996 federal bargaining laws and argues that they fail to protect the right of trade unions to bargain on behalf of their members. This is because the laws do not contain a statutory trade union recognition mechanism. The recognition mechanisms in the Common Law countries of the United States, Canada, Britain and New Zealand are examined, and it is argued that Australia should enact trade union recognition mechanisms that are consonant with its industrial relations history and practice.
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McCrystal, Shae, and Tess Hardy. "Filling the Void? A Critical Analysis of Competition Regulation of Collective Bargaining Amongst Non-employees." International Journal of Comparative Labour Law and Industrial Relations 37, Issue 4 (December 1, 2021): 355–84. http://dx.doi.org/10.54648/ijcl2021017.

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The rise of the gig economy, and the expansion of self-employment more generally, have magnified pre-existing concerns about how to address the risk of exploitation of non-employees, including franchisees, freelance journalists and owner-driver transport workers, amongst others. In a bid to fill relevant regulatory gaps, and correct destructive power imbalances, many are turning their attention to the power and potential of collective bargaining. At the same time, there is growing appreciation of how competition prohibitions against price-fixing may curb workers’ capacity to organize for decent wages and working conditions. There has been much discussion and debate about the need to expand existing labour exemptions from competition law in order to allow gig workers, and other vulnerable categories of selfemployed workers, to engage in lawful collective bargaining. Rather than fixating on questions of misclassification, however, this article considers a novel proposal emanating from the sphere of competition regulation in Australia. After extensive consultation and prolonged Parliamentary debate, the Australian Competition and Consumer Commission (ACCC) has adopted a class exemption which provides a broad legal immunity to eligible small businesses, including self-employed workers, wishing to engage in collective bargaining. The ACCC’s Determination to extend collective bargaining rights to small businesses – with effect from 3 June 2021 – represents a highly progressive approach and one worthy of greater attention and deeper analysis. To assess the regulatory value of this unique approach, we draw upon the International Labour Organization (ILO) standards relating to collective bargaining and freedom of association. In doing so, we critically assess the extent to which the ACCC’s approach offers a potential solution to resolving the tension between labour law and competition law when it comes to the regulation of self-employed workers. Somewhat surprisingly, we find that the class exemption largely complies with relevant ILO principles, despite the fact that it does little in terms of actively promoting or encouraging effective collective bargaining. For example, in line with ILO conceptions of voluntariness, the class exemption places virtually no restrictions on the scope, level or subject matter of the bargaining. Ultimately, however, we argue that if collective bargaining is to have any chance of filling the regulatory void which exists between labour law and competition law, it is critical that basic structures and supports are in place to facilitate meaningful bargaining: where collective activity is supported by trade union autonomy and the right to engage in strikes in support of bargaining demands and concluded agreements. Mercosur, Socio-Labour Declaration, Argentina, Brazil, Uruguay, Paraguay, Venezuela, Regional Integration, Labour Rights, Regional Trade Blocs, Latin America, Global South
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Milner, Susan. "Bargaining for work–family benefits in the UK." Journal of Industrial Relations 64, no. 1 (February 2022): 124–46. http://dx.doi.org/10.1177/00221856211057918.

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Using data from the Labour Research Department's Payline bank of collective agreements, and drawing on case studies of the (male-dominated) rail transport and (female-dominated) food retail sectors, this article analyses agreement on enhanced work–family benefits, focusing on maternity and paternity leave and pay, and Shared Parental Leave (SPL) and pay. The opportunity structure for bargaining, consisting of internal and external factors encouraging or facilitating union engagement with work–family measures, has developed unevenly in the British case, resulting in only a small number of agreements overall. Collectively agreed provision offers significant benefits mainly for maternity leave and pay. The analysis finds evidence of a dynamic of bargaining whereby those organisations with enhanced maternity pay continued to extend provision and to introduce new enhancements for fathers through paternity leave, but also identifies the limits of this dynamic due to complexity of policy design. The article argues that trade unions can coordinate bargaining strategy even in the absence of formal mechanisms for doing so, but that local strategy depends on the external opportunity structure at all levels.
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Creighton, Breen, Catrina Denvir, Richard Johnstone, Shae McCrystal, and Alice Orchiston. "Pre-Strike Ballots and Collective Bargaining: The Impact of Quorum and Ballot Mode Requirements on Access to Lawful Industrial Action." Industrial Law Journal 48, no. 3 (September 12, 2018): 343–76. http://dx.doi.org/10.1093/indlaw/dwy022.

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Abstract In 2016, the UK Parliament passed the Trade Union Act 2016 (TU Act 2016), which introduced new quorum and approval requirements for pre-strike ballots. In Australia, mandatory pre-strike ballots, including a quorum requirement, were first introduced in 2006. This article explains the key features of the Australian pre-strike ballot system and reports on quantitative and qualitative empirical research findings on the operation of the ballots process to analyse the majority and quorum requirements, mode of ballot (postal, attendance or electronic) and choice of ballot agent. Quorum is the biggest obstacle to Australian unions authorising strike action under the pre-strike ballot rules, and postal ballots fail to reach quorum at significantly higher rates than do attendance ballots. By introducing quorums and retaining the requirement that all pre-strike ballots must be conducted by post, the TU Act 2016 endorsed the two factors under the Australian regime most likely to impede the authorisation of strike action in a pre-strike ballot.
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Isaac, Joe, and Gudrun Biffl. "Globalisation and Core Labour Standards: Compliance Problems with ILO Conventions 87 and 98. Comparing Australia and other English-Speaking Countries with EU Member States." International Journal of Comparative Labour Law and Industrial Relations 21, Issue 3 (September 1, 2005): 405–44. http://dx.doi.org/10.54648/ijcl2005020.

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Abstract: In the wake of globalisation, certain ILO Conventions have assumed greater prominence in recent years. This paper focuses on ILO principles related to trade union rights and collective bargaining embodied in ILO Conventions No. 87 and No. 98. It is argued that some countries have enacted legislation and tolerated industrial behaviour incompatible with these standards. In the absence of effective international enforcement powers, governments in some countries have ignored the requests of the ILO for adherence to its principles with impunity. This issue is discussed in connection primarily with recent Australian experience and with brief observations on that of a number of English-speaking countries. The policy and practices of these countries on Conventions 87 and 98 are contrasted with those of the continental EU countries. Finally, the question is raised as to whether some of the ILO?s principles underlying these Con­ventions need to be re-examined.
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Novitz, Tonia, and Shae McCrystal. "‘Democratic’ Pre-conditions for Strike Action: A Comparative Study of Australian and UK Labour Legislation." International Journal of Comparative Labour Law and Industrial Relations 28, Issue 2 (June 1, 2012): 115–46. http://dx.doi.org/10.54648/ijcl2012010.

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In this article, we investigate legislative controls on the ability of workers and their organizations to take strike action, which raise fundamental questions relating to the application of democratic principles in a workplace setting. We trace the introduction of legislative provisions in Australia and the UK which sought to impose 'majoritarian' forms of democracy on trade union structures, by requiring ballots before such action could be taken. We recognize that these statutory pre-conditions are problematic both in terms of their aims and effects. Yet, what is arguably more worrying is the new institutionalization of deliberative pre-conditions for industrial action in the workplace. In Australia, this has taken the form of a requirement that a ballot applicant has 'genuinely tried to reach agreement', a requirement that continues to apply during any actual industrial action. In the UK context, the scope of protection from unfair dismissal (beyond a twelve-week period) will be affected by whether the union has complied with procedures established by an applicable collective or other agreement, offered or agreed to commence or resume negotiations, and has not unreasonably refused a request that conciliation or mediation services be used. In both countries, there seems to be growing pressure in policy terms for strikes to be very much a last resort, as statutory support for bargaining in good faith becomes stronger. We argue that these deliberative democratic controls of strike action are misguided. A richer understanding of deliberative democracy should, in our view, offer greater space for workers to voice their opposition in negotiations with employers.
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Martišková, Monika, Marta Kahancová, and Jakub Kostolný. "Negotiating wage (in)equality: changing union strategies in high-wage and low-wage sectors in Czechia and Slovakia." Transfer: European Review of Labour and Research, March 15, 2021, 102425892199536. http://dx.doi.org/10.1177/1024258921995363.

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Reducing wage inequality requires an understanding of the importance of labour market institutions, in particular statutory minimum wages and sectoral collective bargaining. This article argues that the impact of labour market institutions on wage inequality is enhanced by specific strategies of unions and employers. Empirical evidence is provided from the high-wage automotive sector and the low-wage retail sector in Czechia and Slovakia. Against the backdrop of the erosion of collective wage bargaining, trade unions have prioritised increases in the national statutory minimum wage as a mechanism for reducing wage inequalities. Trade unions’ leverage on minimum wages can compensate for their declining influence on wage distribution via collective bargaining.
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Dissertations / Theses on the topic "Collective bargaining Retail trade Australia"

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Mumford, Karen. "Wage determination and strike activity in the New South Wales coal industry : trade union and employer bargaining." Phd thesis, 1990. http://hdl.handle.net/1885/131457.

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The New South Wales (NSW) coal industry has been one of the most strike torn industries in the world, with violent and bitter battles between trade union and employer. This thesis seeks a greater understanding of the determination of wages and strike activity in this industry. The thesis is presented in two parts. Part one considers difficulties encountered when modelling the objectives of a trade union, and the outcome of bargaining between a trade union and firm. Part two applies models of the objectives of trade unions, and bargaining, to issues of wage determination, and strike activity in the NSW coal industry. The process of wage determination in the NSW coal industry is investigated using the reduced form of Svejnar's (1986) model. The major prediction of Svejnar's model, that there is a positive relationship between the industry surplus and the industry wage, is strongly supported. The results are improved upon by adapting Svejnar's model. A first-order dynamic adjustment model is used to allow for a more complicated dynamic structure than that assumed in the theoretical model. Furthermore, by taking into account some of the aspects of the bi-sectoral (open cut and underground) structure of the coal industry and the heterogeneity of its labour force, Svejnar's model is generalised from its specific reduced form. The thesis also provides a survey of the major, and more influential, models of strike activity. Some of these models are then applied to data from the NSW coal industry, resulting in three major conclusions: (i) with the exception of the Hayes' (1984) model, the theories considered do not provide acceptable explanations of strike activity in the NSW coal industry; (ii) there are common empirical relationships that are predicted by authors of very different theories; and (iii) there is a need to treat measures of strike activity as potentially different, rather than alternative, indicators of strike. An eclectic model of strikes is then developed. This eclectic model is based on Tracy's (1986) world-wise approach and was greatly influenced by: the theoretical survey of strike models; the empirical application of these models to the NSW coal industry; and familiarity with the NSW coal industry. Each of the different measures of strike activity is modelled using a common set of explanatory variables in an attempt to ascertain the commonality, or uniqueness, of the relationships determining strike activity. The results suggested that the explanations for strike frequency, the size of strike, strike intensity, and the average duration of strikes are not the same. Indeed, the only variable which was found to have a significant effect on all four of these measures of strike activity is the level of market concentration in the NSW coal industry. (This variable also had the highest elasticity, at the sample mean, of all the significant variables in the regressions for strike frequency, average duration, or strike incidence in the NSW coal industry.) The explanation for this dominance of market concentration on the results is unclear. From both empirical and theoretical perspectives, there appears to be a need to consider the role of industrial relations more fully. Despite this common theme that runs through the regressions for strike frequency, average duration, and strike intensity, it should be stressed that each of these regressions also exhibits combinations of significant empirical relationships which are unique to itself. This result rejects the use of these measures of strike activity as simple alternatives for each other.
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Books on the topic "Collective bargaining Retail trade Australia"

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Ronfeldt, Paul. Enterprise bargaining, trade unions, and the law. Sydney: Federation Press, 1995.

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Lemmermöhle-Thüsing, Doris. Arbeit und Arbeitsverhältnisse im Beschäftigungsbereich "Einzelhandel". Witterschlick/Bonn: M. Wehle, 1990.

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Laird, Gordon. The price of a bargain: The quest for cheap and the death of globalization. New York: Palgrave Macmillan, 2009.

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Laird, Gordon. The price of a bargain: The quest for cheap and the death of globalization. New York: Palgrave Macmillan, 2009.

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Laird, Gordon. The price of a bargain: The quest for cheap and the death of globalization. New York: Palgrave Macmillan, 2009.

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Laird, Gordon. The price of a bargain: The quest for cheap and the death of globalization. New York: Palgrave Macmillan, 2009.

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The price of a bargain: The quest for cheap and the death of globalization. New York: Palgrave Macmillan, 2009.

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The Price of a Bargain: The Quest for Cheap and the Death of Globalization. McClelland & Stewart, 2009.

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The Price of a Bargain: The Quest for Cheap and the Death of Globalization. Emblem Editions, 2010.

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