Academic literature on the topic 'Industrial laws and legislation Australia'
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Journal articles on the topic "Industrial laws and legislation Australia"
1
McCrystal, Shae, and Belinda Smith. "Industrial Legislation in 2010." Journal of Industrial Relations 53, no. 3 (June 2011): 288–302. http://dx.doi.org/10.1177/0022185611402004.
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Two themes in legislative activity in 2010 were national uniformity and some movement in using law to promote equality, especially gender equality. The Fair Work Act 2009 (Cth) came into full effect with the commencement of the new safety net provisions and the referral to the Commonwealth of industrial relations powers over private-sector workforces in all states except Western Australia. Progress continued on the promised harmonization of Australian occupational health and safety laws with the release of a model Work Health and Safety Bill by Safe Work Australia, although developments in some states threaten to derail the process. An attempt to repeal most of the industry-specific regulation of the building and construction industry failed. The Federal Parliament passed legislation establishing a national paid parental leave scheme, and a number of changes to federal discrimination laws came into effect or were proposed, including the potential consolidation of federal discrimination legislation. This article provides an overview of these developments at federal level and concludes with a discussion of developments in the states including a brief overview of Victoria’s new equal opportunity legislation.
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Rawling, Michael, and Eugene Schofield-Georgeson. "Industrial legislation in Australia in 2017." Journal of Industrial Relations 60, no. 3 (April 20, 2018): 378–96. http://dx.doi.org/10.1177/0022185618760088.
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This article examines key industrial legislation passed by federal Parliament in 2017. The main development in federal industrial legislation for this year, which passed with bipartisan support, saw a weakened Coalition Government (forced from its traditional industrial relations (IR) stance) act to improve protections for vulnerable workers. This initiative introduced extended liability provisions regulating franchisors and holding companies. However, these provisions are a narrow response to an economy-wide problem because they do not establish measures to better regulate supply chains, labour hire and gig economy arrangements for the protection of vulnerable workers. Back in more familiar territory, the Coalition Government managed to implement part of its agenda to further regulate unions by establishing legislation that criminalises bargaining payments by employers to unions. A constitutional crisis over the citizenship status of federal Parliamentarians prevented the Coalition Government from passing legislation designed to curtail trade union activities. The article also considers significant State legislative developments including the introduction of mandatory labour hire licensing laws in South Australia and Queensland, industrial manslaughter laws in Queensland and regulation of ridesharing arrangements in Victoria. The article concludes by contrasting federal criminal penalties against union activity with civil penalties for businesses that exploit vulnerable workers, before suggesting future directions in industrial legislation.
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Schofield-Georgeson, Eugene, and Michael Rawling. "Industrial legislation in Australia in 2019." Journal of Industrial Relations 62, no. 3 (April 2, 2020): 425–45. http://dx.doi.org/10.1177/0022185620911682.
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In this 2019 electoral year, a federal Morrison Liberal Government was returned to power with little in the way of an industrial agenda. It failed to implement its key legislation, which mainly included reform to union governance and changes to religious freedom in the workplace. Meanwhile, the state governments, particularly the Victorian Andrews Labor Government, reviewed a swathe of labour law, including wage theft, industrial manslaughter, owner–driver legislation and workers' compensation laws and implemented a host of progressive changes. This year has also seen the continuation of a key policy trend, observable at both state and federal levels of government, towards regulation of aspects of industrial relations by the state that were once exclusively the province of employers and trade unions through a twentieth-century system of conciliation and arbitration.
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Sutherland, Carolyn, and Joellen Riley. "Industrial Legislation in 2009." Journal of Industrial Relations 52, no. 3 (June 2010): 275–87. http://dx.doi.org/10.1177/0022185610365626.
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In 2009, two major pieces of industrial legislation were enacted to give effect to the Labor Government’s commitment to replace Work Choices with laws for ‘Fair Work’. The Fair Work Act 2009 (Cth) promises to bring greater stability and simplicity to Australia’s workplace relations system. However, transitional rules in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) mean that it will be some time before participants in the system can enjoy these benefits. This review gives a brief account of both Acts before examining in more detail the enterprise bargaining rules which commenced operating in July under the supervision of a new institution, Fair Work Australia. We then consider two aspects of the Fair Work legislation which are most likely to provoke controversy when they commence operating in 2010, the adverse action and transfer of business provisions. We also look at the steps taken by federal and state governments to move towards a national system of workplace relations.
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Sutherland, Carolyn, and Joellen Riley. "Industrial Legislation in 2007." Journal of Industrial Relations 50, no. 3 (June 2008): 417–28. http://dx.doi.org/10.1177/0022185608089997.
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The Howard government's draconian Work Choices laws will soon be history. A change of government at the 2007 federal election means that Australian industrial relations legislation will continue to be a turbulent field, for some time yet. This review provides an account of the last piece of industrial legislation passed by the Howard government, to introduce a `Fairness Test' in an attempt to ameliorate public concern about the patent unfairness of some aspects of the Work Choices laws. The same Act made some changes to the way in which `prohibited content' is regulated in workplace agreements. We also provide a brief summary of some of the more significant State manoeuvres in what remains to them of the field of industrial relations law.
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McKay, Clare, and Alex Gardner. "Water Accounting Information and Confidentiality in Australia." Federal Law Review 41, no. 1 (March 2013): 127–62. http://dx.doi.org/10.22145/flr.41.1.5.
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A key objective of Australia's recent national water reforms is to keep water licence and entitlement holders accountable for the amounts of water they extract, trade and use. Water metering and the recording and reporting of water extraction and trading data are processes designed to ensure this accountability, and are central to Australia's water accounting regimes. Yet much of the data necessary to ensure compliance with water licences and access entitlements is not publicly available in Australia. This absence of publicly accessible information is due to a lack of rigour and transparency in statutory water accounting regimes. There are also restrictions imposed by water legislation and the laws of privacy and confidentiality that prevent public access to water accounting data, except in aggregated form. Consequently, commercial and industrial water consumers in Australia are not kept accountable for their consumptive water use and water market objectives are unfulfilled, contrary to the express provisions of the Intergovernmental Agreement on a National Water Initiative (‘NWI’). This article argues that statutory and policy frameworks for water accounting in most Australian jurisdictions fail to meet the NWI objectives for national water accounting. In response, it advocates legislative reforms that would facilitate the achievement of these objectives.
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GRAY, ANTHONY. "PRECEDENT AND POLICY: AUSTRALIAN INDUSTRIAL RELATIONS REFORM IN THE 21ST CENTURY USING THE CORPORATIONS POWER." Deakin Law Review 10, no. 2 (July 1, 2005): 440. http://dx.doi.org/10.21153/dlr2005vol10no2art286.
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<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>This article will discuss the topical issue of whether the Commonwealth, in Australia’s federal system of government, can rely on its so-called “corporations power” in order to pass planned industrial relations laws. The Federal Government has recently indicated its plans to introduce a national system of industrial relations regulation in Australia. While the detail of the proposed legislation is not currently to hand, the planned changes raise a controversial issue whether the Australian Government would permit such regulation. This article considers the corporations power as justification for the proposed laws.</span><span>] </span></p></div></div></div>
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Hall, Richard. "The Politics of Industrial Relations in Australia in 2007." Journal of Industrial Relations 50, no. 3 (June 2008): 371–82. http://dx.doi.org/10.1177/0022185608089994.
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Industrial Relations proved to be one of the dominant issues in the 2007 federal election campaign with the Government at first defending, and then moderating, their Work Choices legislation. The Labor Opposition benefited greatly from the successful Australian Council of Trade Unions (ACTU) campaign against Work Choices and established a significant electoral advantage on the issue. Labor introduced its own IR policy alternative under the banner `Forward with Fairness' and then spent a good deal of 2007 trying to sell its policy to business. The final policy adopted by Labor, and set to become law over the next few years, represents something of a calculated political compromise. When the detail of the policy is considered the influence of the Work Choices laws is still very much apparent.
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Sari, Komang Ayu Kartika. "Prostitution Legislation Reforms in Western Australia: What Indonesia Can Learn." Public Health and Preventive Medicine Archive 2, no. 1 (July 1, 2014): 92. http://dx.doi.org/10.15562/phpma.v2i1.130.
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Prostitution is still a complicated problem worldwide including in Western Australia. It is estimated that there are 1700 sex workers and 38 identified brothels in Western Australia1 and prostitution legislation is still an ongoing debatable issue in the state. There has been a significant change in prostitution laws and enforcement practices, which is due to the rising worldwide problem of sex trafficking and its relation to prostitution.2 The Liberal or National Government of Western Australia planned to introduce the prostitution legislation reforms, which were intended to make brothels to be the “only viable” and legal workplaces for sex workers, to make sex workers have no opportunity to work privately in residential areas and to force them to work for the third parties or to relocate them to industrial areas.3 It would be implemented through a brothel licensing policy, which in turn will make non brothel-based sex workers considered illegal. Brothels are indeed more organized and easier to provide health care and education than the street4 and based on research in the Norwegian capital5, an existing law can make people have more negative attitudes towards buying sex. However, particular form of regulation and practice may result in worse situations and can undermine the health and well-being of sex workers. This article will discuss in details why the prostitution legislation reforms released by The Liberal/National Government in WA should not be fully supported and what we can learn based on the context of Indonesia
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Bornstein, Josh. "Employees are losing: Have workplace laws gone too far?" Journal of Industrial Relations 61, no. 3 (March 22, 2019): 438–56. http://dx.doi.org/10.1177/0022185619834321.
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Concern about the economic, social and political cost of growing income inequality is propelling a debate about the loss of employee bargaining power – both in Australia and other Organisation for Economic Co-operation and Development countries. The evidence of a pronounced decline in the bargaining power of employees in the Australian labour market is overwhelming. The decline is consistent with a collapse in workplace bargaining as a result of a bargaining framework that has not kept up with major structural change in the labour market. In the absence of decisive legislative intervention, the decline of employee bargaining power is likely to continue.
Dissertations / Theses on the topic "Industrial laws and legislation Australia"
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Harpur, Paul David. "Labour rights as human rights : workers' safety at work in Australian-based supply chains." Thesis, Queensland University of Technology, 2009. https://eprints.qut.edu.au/35793/1/Paul_Harpur_Thesis.pdf.
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The increase of buyer-driven supply chains, outsourcing and other forms of non-traditional employment has resulted in challenges for labour market regulation. One business model which has created substantial regulatory challenges is supply chains. The supply chain model involves retailers purchasing products from brand corporations who then outsource the manufacturing of the work to traders who contract with factories or outworkers who actually manufacture the clothing and textiles. This business model results in time and cost pressures being pushed down the supply chain which has resulted in sweatshops where workers systematically have their labour rights violated. Literally millions of workers work in dangerous workplaces where thousands are killed or permanently disabled every year. This thesis has analysed possible regulatory responses to provide workers a right to safety and health in supply chains which provide products for Australian retailers.
This thesis will use a human rights standard to determine whether Australia is discharging its human rights obligations in its approach to combating domestic and foreign labour abuses. It is beyond this thesis to analyse Occupational Health and Safety (OHS) laws in every jurisdiction. Accordingly, this thesis will focus upon Australian domestic laws and laws in one of Australia’s major trading partners, the Peoples’ Republic of China (China).
It is hypothesised that Australia is currently breaching its human rights obligations through failing to adequately regulate employees’ safety at work in Australian-based supply chains. To prove this hypothesis, this thesis will adopt a three- phase approach to analysing Australia’s regulatory responses.
Phase 1 will identify the standard by which Australia’s regulatory approach to employees’ health and safety in supply chains can be judged. This phase will focus on analysing how workers’ rights to safety as a human right imposes a moral obligation on Australia to take reasonablely practicable steps regulate Australian-based supply chains. This will form a human rights standard against which Australia’s conduct can be judged.
Phase 2 focuses upon the current regulatory environment. If existing regulatory vehicles adequately protect the health and safety of employees, then Australia will have discharged its obligations through simply maintaining the status quo. Australia currently regulates OHS through a combination of ‘hard law’ and ‘soft law’ regulatory vehicles. The first part of phase 2 analyses the effectiveness of traditional OHS laws in Australia and in China. The final part of phase 2 then analyses the effectiveness of the major soft law vehicle ‘Corporate Social Responsibility’ (CSR).
The fact that employees are working in unsafe working conditions does not mean Australia is breaching its human rights obligations. Australia is only required to take reasonably practicable steps to ensure human rights are realized.
Phase 3 identifies four regulatory vehicles to determine whether they would assist Australia in discharging its human rights obligations. Phase 3 then analyses whether Australia could unilaterally introduce supply chain regulation to regulate domestic and extraterritorial supply chains. Phase 3 also analyses three public international law regulatory vehicles. This chapter considers the ability of the United Nations Global Compact, the ILO’s Better Factory Project and a bilateral agreement to improve the detection and enforcement of workers’ right to safety and health.
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Chan, Sung-tai. "The enforcement of labour legislation in Hong Kong : a study of industrial safety regulations /." [Hong Kong : University of Hong Kong], 1986. http://sunzi.lib.hku.hk/hkuto/record.jsp?B12323196.
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au, gswensen@westnet com, and Greg Swensen. "Reform of Minor Cannabis Laws in Western Australia, the United Kingdom and New Zealand." Murdoch University, 2006. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20070507.150143.
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The past three decades has been a period of intense and sustained debate in a number of major Western countries about the wisdom of police continuing to apply legislation which can severely punish offenders by fines and even imprisonment because of laws and policies that prohibit the use, possession and cultivation of cannabis.
The large and growing number of young adults who have been exposed to the drug, some of whom have been charged and received criminal convictions with attendant deleterious effects on their employment and wellbeing, has forced policy makers to re-evaluate the justification for continuing to criminalise cannabis.
This thesis examines in detail the law reforms that occurred in early 2004 with respect to cannabis offenders in Western Australia (WA) and the United Kingdom (UK) and what lessons these reforms may hold for other jurisdictions interested in decriminalisation of minor cannabis offences.
A study was undertaken to compare the shortcomings and advantages of the different approaches to reform followed in WA and the UK. Reference to the reform in the UK, will be confined to meaning England, Wales and Northern Ireland as the necessary administrative guidelines have not so far been issued for Scotland.
In WA the reforms required a substantial legislative effort to establish a complex framework that outlined in detail the circumstances when police may issue cannabis infringement notices (CINs), whereas in the UK the approach involved limited legislative activity by the reclassification of the legal status of cannabis and by providing police with administrative guidelines issued by the Association of Chief Police Commissioners as to how to exercise their discretion in issuing formal warnings for a minor cannabis offence.
A comparison is made with New Zealand (NZ), where in spite of there being a similar process of deliberation and consultation as in WA and the UK, the government refused to implement formal reform because of a perception it was unable to decriminalise minor cannabis offences because of the restrictions imposed of agreement between the Clarke Labour Government and a minor political party.
The example of the failure of government in NZ to achieve reform illustrates the importance that in some jurisdictions there will be a significant role for non parliamentary advisory bodies and lobby groups to argue for reform and to garner public support when reform has stalled or been frustrated.
The thesis also includes a preliminary exploratory study using a number of indicators, such as prevalence and conviction data, to determine if the reforms implemented by the CIN scheme have resulted in or are likely to create unanticipated harms and to explore some of the issues in being to determine whether changes in law enforcement practices and priorities have impacted on the cannabis market or are likely to change the way cannabis may be transacted in WA.
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Golding, Greg. "The reform of misstatement liability in Australia's laws." Connect to full text, 2001. http://setis.library.usyd.edu.au/adt/public_html/adt-NU/public/adt-NU20040206.161344/index.html.
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Yeung, Siu-hung Polly. "Labour policy and the employment ordinance." Click to view the E-thesis via HKUTO, 1991. http://sunzi.lib.hku.hk/hkuto/record/B42574195.
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Guthrie, Robert. "The convergence of industrial and workers compensation laws in the 1990s in Western Australia." Thesis, Curtin University, 2003. http://hdl.handle.net/20.500.11937/1152.
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This dissertation describes and interprets the effects of the significant changes to the workers compensation, industrial and related laws that occurred in the early 1990s in Western Australia. These could be characterised as motivated by a desire by the then Coalition Government to reduce access to legal representation in compensation claims, limit the potential of workers to claim damages for negligence and reduce the use of collective bargaining mechanisms to resolve industrial disputes. Arguably, the common philosophical themes were to individualise the relationship between employer and employee and to reduce the bargaining strength of workers. In general terms, these themes were presented under the guise of flexible workplace relations. Whether these outcomes were achieved is not the subject of this analysis, rather, the aim is to show that one (perhaps unintended) consequence of the legislative changes of the early 1990s was to create significant areas of overlap in various employment related laws. These areas of overlap have led to some difficulties within the various tribunals involved in the resolution of employment related disputes. Over the last decade, the issues arising from the 1990s amendments have crystallized into important principles, which are discussed in this work. The thesis of this dissertation is that an examination of the development of the industrial and workers compensation laws in Western Australia in the 1990s establishes sufficient commonality between the industrial relations and compensation systems to warrant the rationalisation of these two jurisdictions.
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Al, Shaibani Salha. "The changing nature of employment relationships and its challenge for health and safety law." Thesis, University of South Wales, 2012. https://pure.southwales.ac.uk/en/studentthesis/the-changing-nature-of-employment-relationships-and-its-challenge-for-health-and-safety-law(96bce387-40b5-44f7-a7b9-bf8d387cbff0).html.
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The thesis explores the challenges faced by health and safety law in the UK as a consequence of the continuous changes in the employment relationship. This primarily covers the growth of the different forms of non-standard work. Health and safety law developed through a number of socio-economic changes in the UK. It has moved from only covering particular areas and particular classes of workers in the nineteenth century to wider areas of occupational health and safety and to include more of those at work. The thesis sets out the issues surrounding non-standard work arrangements and how they might affect the application of health and safety law. Key case-law is examined and the legal changes in the area of health and safety carefully analysed. Research has been carried out by others concerning the reasons for and extent of the changing nature of work as an indicator of the changes that took place in the labour market in general; but the research in this thesis concentrates on how the application of health and safety law is challenged by such changes. The central hypothesis of the thesis is that non-standard work by its very nature might put those who are employed under its various types at more risk than their counterpart standard workers. This hypothesis is developed and explored through the field-work. The field-work took the form of a postal questionnaire to workers in the UK in geographical areas selected for their differing characteristics together with some semi structured interviews which sought to introduce a qualitative data element to the quantitative data in order to enrich and elaborate upon the findings of the questionnaire. Analysis of the completed and returned questionnaires revealed that in today's workplace the nature of risk has changed, with an increase in the psychological risk related to work. Both groups of standard and nonstandard workers suffered from stress-related illness. This illustrates the complexity of the concept of vulnerability and how that might challenge the application of health and safety law and affect its efficacy. A number of unexpected issues surfaced through the field-work, such as that working in the different types of non-standard work were effectively involuntary for some of those who chose to work this way. The main reason for their decisions was to be able to provide for the family income as well as to have more control over work and the ability to combine work with other responsibilities including domestic duties. Despite the relatively low number of non-standard workers who participated in the postal questionnaire, it seems that they are in a better position than was hypothesized at the outset, before the field-work took place. Analysis of the semi-structured interviews revealed that interviewees had considerable knowledge and awareness about their employer's general duties in terms of risk assessment and safety training in addition to other significant aspects. This applies to both standard and non-standard workers, which indicates the important improvement in the management of occupational health and safety. However, a serious issue was common to most of those who suffered accident and/or ill-health from both groups of standard of non-standard workers: not reporting their experiences to their employers. In addition, many of those workers did not seek legal advice following their accident and/or ill-health because of fear and uncertainty about their employers' reaction. The thesis concludes with some reflections on the effectiveness or otherwise of health and safety legislation.
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Chan, Sung-tai, and 陳崇泰. "The enforcement of labour legislation in Hong Kong: a study of industrial safety regulations." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1986. http://hub.hku.hk/bib/B31974697.
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Guthrie, Robert. "The convergence of industrial and workers compensation laws in the 1990s in Western Australia /." Full text available, 2004. http://adt.curtin.edu.au/theses/available/adt-WCU20040729.084251.
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Guthrie, Robert. "The convergence of industrial and workers compensation laws in the 1990s in Western Australia." Curtin University of Technology, School of Business Law, 2003. http://espace.library.curtin.edu.au:80/R/?func=dbin-jump-full&object_id=14972.
Full textAbstract:
This dissertation describes and interprets the effects of the significant changes to the workers compensation, industrial and related laws that occurred in the early 1990s in Western Australia. These could be characterised as motivated by a desire by the then Coalition Government to reduce access to legal representation in compensation claims, limit the potential of workers to claim damages for negligence and reduce the use of collective bargaining mechanisms to resolve industrial disputes. Arguably, the common philosophical themes were to individualise the relationship between employer and employee and to reduce the bargaining strength of workers. In general terms, these themes were presented under the guise of flexible workplace relations. Whether these outcomes were achieved is not the subject of this analysis, rather, the aim is to show that one (perhaps unintended) consequence of the legislative changes of the early 1990s was to create significant areas of overlap in various employment related laws. These areas of overlap have led to some difficulties within the various tribunals involved in the resolution of employment related disputes. Over the last decade, the issues arising from the 1990s amendments have crystallized into important principles, which are discussed in this work. The thesis of this dissertation is that an examination of the development of the industrial and workers compensation laws in Western Australia in the 1990s establishes sufficient commonality between the industrial relations and compensation systems to warrant the rationalisation of these two jurisdictions.
Books on the topic "Industrial laws and legislation Australia"
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Teicher, Julian, Anne O'Rourke, and Rob Lambert. Workchoices: The new industrial relations agenda. Frenchs Forest, N.S.W: Pearson Education Australia, 2006.
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2
Fox, Carol. Industrial relations in Australia: Development, law and operation. Melbourne, Australia: Longman, 1995.
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Laura, Bennett. Making labour law in Australia: Industrial relations, politics and law. Sydney: Law Book Co., 1994.
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Brooks, Adrian. Guidebook to Australian occupational health & safety laws. 3rd ed. North Ryde, N.S.W: CCH Australia, 1988.
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Nikola, Balnave, ed. Employment relations in Australia. Milton, Qld: John Wiley & Sons, 2007.
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Bahn, Susanne. OHS management: Contemporary issues in Australia. Prahran, VIC: Tilde Publishing and Distribution, 2014.
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Nikola, Balnave, ed. Employment relations in Australia. 2nd ed. Milton, Qld: John Wiley & Sons Australia, 2009.
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Foster, Neil. Workplace health and safety law in Australia. Chatswood, NSW: LexisNexis Butterworths, 2012.
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Managing workplace conflict: Alternative dispute resolution in Australia. Annandale, N.S. W: Federation Press, 2006.
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Pittard, Marilyn J. Australian labour law: Cases and materials. 4th ed. Australia: LexisNexis Butterworths, 2003.
Find full textBook chapters on the topic "Industrial laws and legislation Australia"
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Hill, Lisa, Max Douglass, and Ravi Baltutis. "Australia’s Experience." In How and Why to Regulate False Political Advertising in Australia, 77–109. Singapore: Springer Nature Singapore, 2022. http://dx.doi.org/10.1007/978-981-19-2123-0_7.
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AbstractWe now explore legal experiments in truth in election advertising in the Australian context, including two at the Commonwealth level (later repealed) and one at the state level (we explore South Australia’s experience in Chapters 8 and 9). We also show that some jurisdictions have adopted what we refer to as ‘pseudo’ truth in political advertising laws that appear to perform the same function as those we propose but do not due to the operations of an influential precedent. There is also some discussion of cases where states came close to adopting truth in political advertising legislation but failed to; we examine why.
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Creighton, Breen, Catrina Denvir, Richard Johnstone, Shae McCrystal, and Alice Orchiston. "Reflections on the Australian Pre-Strike Ballot Model." In Strike Ballots, Democracy, and Law, 214–46. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198869894.003.0008.
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This concluding chapter considers how Australian pre-strike ballot requirements reflect the explicit (furthering industrial democracy) and implicit (inhibiting strike action) objectives that underpinned their introduction. After summarizing the practical operation and impact of the statutory requirements, the chapter describes stakeholder perceptions of the system in practice and in principle, and their views as to how it should be reformed. In conclusion, the chapter suggests the removal of the requirement under the Fair Work Act 2009 (Cth) for a union to apply to an industrial tribunal for permission to run a ballot. It advocates the replacement of the current complex model with a requirement that union rules contain provision for a ballot of members as a pre-condition of taking strike action, with the lawfulness of any subsequent strike being conditional upon being approved in such a ballot and subject to challenge only by the members of that union. So far as union members are concerned, this would do little more than accord formal recognition to the non-legislated democratic processes that are already the norm in Australian unions, but it would at least provide a basis for meaningful, democratic decision-making in relation to taking strike action. As such it would constitute a welcome repudiation of what the chapter describes as the hypocritical posturing that underpins current legislation in Australia (and the United Kingdom) which uses the rhetoric of democracy to deprive workers of their democratic right to take strike action to protect and to promote their legitimate social and economic interests.
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"National Report for Australia." In Commencement of Insolvency Proceedings, edited by Christopher F. Symes. Oxford University Press, 2012. http://dx.doi.org/10.1093/oso/9780199644223.003.0001.
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The English Bankruptcy Act of 1542 and subsequent 17th century legislation served as the model for early personal insolvency laws upon white settlement in Australia. In 1840 the colony of New South Wales, Australia’s first colony, passed an Absent Debtors Act and the following year an Act for Giving Relief of Insolvent Debtors. A number of the colonies passed insolvency legislation in the period leading up to Federation in 1901. Under the Australian Constitution from 1901 the Federal Parliament has had power to ‘make laws for the peace, order and good government’ with respect to bankruptcy and insolvency. The Federal Parliament used this power in 1914 to create its first Bankruptcy Act and there were new Acts in 1924 and 1966. The present legislation is the Bankruptcy Act 1966 (Cth) which had major amendments in 2002 and 2004.
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Ahdar, Rex. "Introduction." In The Evolution of Competition Law in New Zealand, 1–34. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198855606.003.0001.
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This chapter examines four distinctive features that mark competition law in New Zealand (NZ). Some of these (the first and fourth) are unique to NZ while others (the second and third) are common to all antitrust regimes. The first characteristic is the close relationship with Australian competition law and policy. Being modelled upon Australian legislation, NZ law tracks Australian developments, although the pattern is not one of slavish adherence. A second motif is the ongoing tension between competition law as law and competition law as applied to industrial organization economics. NZ courts have consistently held that economics plays an important but supplemental and subsidiary role. The concepts of “competition” and “market” are discussed. Third, there is ambivalence over the ambit of competition law. This chapter examines both exemptions from the Commerce Act 1986 and the extension of competition law to give it a limited extraterritorial effect. Fourth, another recurring theme is the prevalence of the small, isolated economy argument (NZ is a small fish in the global pond) in the development of policy, doctrine, and the interpretation of the law.
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Hassan, Siti Hafizan, and Azhar Abdul Halim. "Water Quality Legislation and Regulation." In Advances in Environmental Engineering and Green Technologies, 30–45. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-5766-1.ch002.
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The legal and institutional framework, as well as the challenges and issues in water resources management, serves as the basis for the formulation of a policy framework that seeks to improve water resources management practices in the future. Recently, water resources has become a global concern, especially for urban environments such as Malaysia, whose economy could potentially be adversely affected. To address these issues, the authors have reviewed several laws, including the Environmental Quality (Prescribed Premises) (Crude Palm Oil) Regulations 1977, Environmental Quality (Prescribed Premises) (Raw Natural Rubber) Regulations 1978, and Environment Quality (Sewage and Industrial Effluent) Regulation 1979. Legal issues under the constitutional framework water management have also been reviewed. Exploring this topic generates an overview water management implementation in the context of Malaysia.
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Jerrard, Marjorie A., and Patrick O’Leary. "Union-Avoidance Strategies in the Meat Industry in Australia and the United States." In Frontiers of Labor. University of Illinois Press, 2018. http://dx.doi.org/10.5622/illinois/9780252041839.003.0007.
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The meat industries in the United States and in Australia share a number of common features, including similar economic and industrial development, overlapping ownership patterns, the nature of the work, a trend toward relying on a migrant workforce, and similar management union-avoidance strategies. There are industry differences between the two countries due primarily to the unique labor-relations regulatory system in each country. Australian legislation since the mid-1990s has enabled industry employers to follow more closely the pattern of union avoidance established in the United States, but protections are still found in Australian industry awards and the industrial tribunal. Both countries have witnessed a deunionization of the industry at the cost of declines in workers’ wages and conditions, and worker exploitation is increasingly common due to the neoliberal ideology that influences government policy and legislation and encourages employers to individualize the employment relationship.
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Kim, Doo Hwan. "Regulations and Laws Pertaining to the use of Unmanned Aircraft Systems (UAS) by ICAO, USA, China, Japan, Australia, India, and Korea." In Unmanned Aerial Vehicles in Civilian Logistics and Supply Chain Management, 169–207. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-7900-7.ch007.
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The drone industry is rapidly developing around the world, and the numbers of drones are increasing. In order to maintain safety and secure stability of drone flights, regulations and laws related to drone operations are established in each country. This chapter reviews the rules and laws of drones established by the International Civil Aviation Organization, the United States, China, Japan, Australia, India, and Korea. In order to protect victims and develop the drone industry, the author proposes that it is necessary and desirable for the legislation of a unified and global “Draft Convention for the Unification of Certain Rules Relating to Drone Operations and Transport.”
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Karan, Ulaş. "The Impact of the Court of Justice of the European Union on the Turkish Legal System." In The Impact of the European Court of Justice on Neighbouring Countries, 115–40. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198855934.003.0006.
Full textAbstract:
This chapter explores whether the case law of the Court of Justice of the European Union (CJEU) produces any impact on the Turkish legal system and, if so, its possible underlying causes. Protection of intellectual, industrial, and commercial property rights, competition, trade defence instruments, government procurement, direct and indirect taxation have been regarded as the main areas of ‘approximation of legislation’. Accordingly, laws adopted mostly in the past three decades show that the influence of EU law is valid only in certain fields of law, such as intellectual property law, labour law, and competition law, and this is also where we find most CJEU citations. This influence forms part of the EU accession process, which requires Turkey to harmonize its laws with the acquis. According to the research, despite the existence of a long-standing accession process and legislation based on the acquis in certain fields of law, on the whole, the Turkish judiciary does not seem committed to follow EU law in general or CJEU jurisprudence in particular.
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Tucker, Eric, and Judy Fudge. "Class Crimes." In Criminality at Work, 455–73. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198836995.003.0023.
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This chapter compares the historical development and use of criminal law at work in the United Kingdom and in Ontario, Canada. Specifically, it considers the use of the criminal law both in the master and servant regime as an instrument for disciplining the workforce and in factory legislation for protecting workers from unhealthy and unsafe working conditions, including exceedingly long hours work. Master and servant legislation that criminalized servant breaches of contract originated in the United Kingdom where it was widely used in the nineteenth century to discipline industrial workers. These laws were partially replicated in Ontario, where it had shallower roots and was used less aggressively. At the same time as the use of criminal law to enforce master and servant law was contested, legislatures in the United Kingdom and Ontario enacted protective factory acts limiting the length of the working day. However, these factory acts did not treat employer violations crimes; instead, they were treated as lesser ‘regulatory’ offences for which employers were rarely prosecuted.
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Aronson, Amy. "Embarking: The Pittsburgh Survey, Workers’ Compensation, and the First Blush of Fame." In Crystal Eastman, 69–96. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199948734.003.0004.
Full textAbstract:
In 1907, Crystal Eastman began a temporary job investigating industrial accidents with the Pittsburgh Survey, a comprehensive study of urban industrial life organized by Paul Kellogg and Edward Devine, financed by the newly formed Russell Sage Foundation. The project involved established leaders, such as Florence Kelley and John R. Commons, as well as young visual artists, including Lewis Hine and Joseph Stella, and brought a new generation of educated women into professional work in social welfare. Eastman’s study, later published as Work Accidents and the Law (1910), resulted in her appointment by Governor Charles Evans Hughes to chair New York’s new commission on employer liability in 1909. There, she proposed to overhaul common law standards, shifting to a no-fault distribution of risk and loss shared by workers, businesses, and consumers. The resulting legislation failed a constitutional challenge in 1911 but laid the groundwork for successful workers’ compensation laws in New York State and elsewhere.
Reports on the topic "Industrial laws and legislation Australia"
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Баттахов, П. П. Договоры о передаче исключительных прав на объекты промышленной собственности с участием социальных предприятий. DOI CODE, 2021. http://dx.doi.org/10.18411/1818-1538-2021-55669.
Full textAbstract:
The article considers contractual designs aimed at transferring exclusive rights to industrial property. The problem of the contractual process was identified when concluding a contract on the transfer of a set of exclusive rights. Based on the study, a number of changes to Russian laws have been proposed. First of all, this applies to a commercial concession contract. The author proposes to amend the Civil Code of the Russian Federation by supplementing the article on commercial concession with the right of organizations that do not conduct commercial activities to conclude the same contracts on a general basis. The appropriateness of applying the classification of transactions into real and consensual ones in relation to this contract is justified. The peculiarities of transfer of the complex of exclusive rights to objects of industrial property with participation of social enterprises under the legislation of the Russian Federation are studied.