Journal articles on the topic 'Management rights Australia'
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1
Hanemann, Michael, and Michael Young. "Water rights reform and water marketing: Australia vs the US West." Oxford Review of Economic Policy 36, no. 1 (2020): 108–31. http://dx.doi.org/10.1093/oxrep/grz037.
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Abstract We consider the connection between water marketing and the modification of property rights to water in Australia, highlighting the Australian’s distinctiveness through a contrast with water rights in the western US (especially California). Australia started out the same as California, but in the 1880s it abandoned California’s system and adopted a new approach, ending the common law property right to water and creating a statutory right that could be modified by administrative fiat. This shifted the arena for dispute resolution from courts to parliaments. It eliminated the seniority inherent in appropriative water rights and it sidelined issues of third-party impacts. Another difference was the tight control of irrigation institutions by state governments and the national government’s willingness to intervene in state and local water management. Australian water reform was wrapped in politics. When there were successes, this is because the politics were managed adroitly; when political challenges proved insurmountable, reform stalled.
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Melia, Adrian, Paul Docherty, and Steve Easton. "The impact of regulation on the seasoned equity offering decision." Australian Journal of Management 45, no. 1 (May 10, 2019): 94–113. http://dx.doi.org/10.1177/0312896219833724.
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The rarity of rights issues in the United States makes it difficult to examine the choice between alternative seasoned equity offering (SEO) methods in that market. In Australia, however, both rights issues and private placements are prevalent. We therefore use the Australian market to test whether regulation influences a firm’s choice between rights issues and private placements. When a firm decides to issue seasoned equity in Australia, regulation favours private placements if the issue is small or needs to be completed quickly. Consistent with regulations affecting the choice between SEO types, our empirical results provide evidence that firms in Australia are more likely to choose a private placement for small issues or when taking advantage of temporary periods of overvaluation. JEL Classification: G12, G14
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Davison, Craig A. "Native Land Rights in Australia." Business Ethics: A European Review 7, no. 1 (January 1998): 12–16. http://dx.doi.org/10.1111/1467-8608.00079.
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Sheehan, John, and Jasper Brown. "Flood risk management: Property rights-focussed instruments in Australia." Environmental Science & Policy 119 (May 2021): 12–17. http://dx.doi.org/10.1016/j.envsci.2020.11.008.
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Nyland, Chris, Elizabeth Ann Maharaj, and Anne O'Rourke. "Australia/US/China Preferential Trade Negotiations: Building Alliances and Realizing Workers' Rights to a `Voice at the Table'." Journal of Industrial Relations 49, no. 5 (November 2007): 647–72. http://dx.doi.org/10.1177/0022185607082213.
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When the Australian and Chinese governments announced their intention to negotiate a bilateral trade agreement this news generated apprehension among employee bodies. This was because many workers believe China's competitiveness is underpinned by its government's refusal to allow China's workers to realize basic labour rights and because Australian labour and the wider community has been unable to participate in the debate surrounding the proposed agreement. The latter concern is the focus of this article. We accept organized labour has a right to `sit at the table' when trade policy is being determined and that the union movement needs to forge effective alliances if it is to achieve this goal. To assist this process we draw on submissions generated by the United States—Australia (AUSFTA) and Australia—China (ACFTA) trade agreements to argue that Australian unions and civil society groupings can influence the outcome of bilateral trade negotiations and in so doing offer suggestions regarding the issues likely to be most conducive to alliance building.
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Sheehan, J. "Indigenous property rights and river management." Water Science and Technology 43, no. 9 (May 1, 2001): 235–42. http://dx.doi.org/10.2166/wst.2001.0548.
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The presence of indigenous property rights and interests arising from the survival of native title in Australia presents unique issues in the management of rivers and riverine lands. Existing common law and statutory tidal and non-tidal rights are a complex overlay of public and private property rights which are themselves undergoing significant change through the commodification of many natural resources by Commonwealth and State governments, such as marine species stock and non-tidal water. The melding of indigenous values and management practices with existing management regimes for rivers and riverine lands offers considerable potential for both sustainability of resource utilisation, and respect and recognition of native title with resultant predicted benefits in the vexed area of compensation.
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Boucher, Anna. "Measuring migrant worker rights violations in practice: The example of temporary skilled visas in Australia." Journal of Industrial Relations 61, no. 2 (October 8, 2018): 277–301. http://dx.doi.org/10.1177/0022185618783001.
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Despite global attention to worker rights violations experienced by temporary migrants, we lack a clear evidence base to understand the extent and nature of these abuses. This article presents findings from a pilot of a Migrant Worker Rights Database. This pilot measures rights abuses of former Temporary Work (Skilled) visa (subclass 457) entrants to Australia from 1996 to 2016. This visa was the key formal temporary visa into Australia over this period. The pilot codes all available court cases that 457 visa holders brought before the national workplace relations tribunal, the Australian Fair Work Commission and relevant state and federal courts and tribunals, to capture legally recognised rights abuses that migrant workers experienced on the ground. It also codes coverage in three daily newspapers of these rights violations. This combined evidence base generates a series of rights violations, or ‘events’, that are then analysed to present patterns of rights abuses of migrant workers on the 457 visa. Key findings are that ethnic background and occupational status of migrants appear to inform the level of reported rights abuses. Further, legal representation of migrant workers assists in successful outcomes, particularly through the Fair Work Ombudsman – a government body empowered with enforcing compliance with workplace laws (197).
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MacDermott, Therese, and Joellen Riley. "Alternative Dispute Resolution and Individual Workplace Rights: The Evolving Role of Fair Work Australia." Journal of Industrial Relations 53, no. 5 (November 2011): 718–32. http://dx.doi.org/10.1177/0022185611419625.
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This article examines the dispute resolution practices of Fair Work Australia that are evolving to deal with individual workplace rights, as its traditional role shifts away from conciliating and arbitrating collective industrial disputes. The workplace rights enshrined in the ‘general protections’ provisions in Part 3-1 of the Fair Work Act 2009 protect employees and prospective employees from any ‘adverse action’ taken against them because they are exercising a workplace right, or because they fall within one of the protected categories, such as the right to be free from discrimination. A broad range of alternative dispute resolution processes is now available to Fair Work Australia in dealing with such disputes. Alternative dispute resolution processes are seen as a way of avoiding costly and time-consuming litigation, and in some circumstances can improve access to justice for individuals. This article explores whether Fair Work Australia is likely to adopt different dispute resolution approaches from its traditional conciliation practices when managing ‘general protections’ applications, and whether the framework for dealing with these disputes will facilitate fair recognition and enforcement of workplace rights.
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Richardson, Benjamin J., and Nina Hamaski. "Rights of Nature Versus Conventional Nature Conservation: International Lessons from Australia’s Tarkine Wilderness." Environmental Policy and Law 51, no. 3 (July 15, 2021): 159–73. http://dx.doi.org/10.3233/epl-201066.
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The rights-of-nature model is gaining traction as an innovative legal approach for nature conservation. Although adopted in several countries, it remains in its infancy, including in Australia. An important research question is whether rights of nature will offer superior environmental outcomes compared to traditional nature conservation techniques including creation of protected areas. This article investigates that question through a case study of the Tarkine wilderness, in the Australia state of Tasmania. It first identifies key lessons from existing international experience with affirmation of rights of nature, such as in New Zealand and Ecuador. The article then explores how rights of nature could apply in Australia’s Tarkine region and their value compared to existing or potential protected areas and other nature conservation measures under Australian or Tasmanian law. Affirming rights of nature represents a major conceptual shift in how people via the law relate to the natural world, but whether the model offers practical benefits for nature conservation depends on a variety of conditions, in addition to the need to address broader societal drivers of environmentaldegradation.
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Backhouse, Kim, and Mark Wickham. "Corporate governance, boards of directors and corporate social responsibility: The Australian context." Corporate Ownership and Control 17, no. 4 (2020): 60–71. http://dx.doi.org/10.22495/cocv17i4art5.
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The challenge of corporate governance in Australian corporations is similar to those faced by the majority of corporations operating globally albeit the manner in which corporate governance is structured in Australia represents a strong reflection of the island continent’s people, egalitarian culture, and legislative framework. This article considers the legal framework in which Australian corporations operate within, which includes a discussion of corporate governance principles, the role of directors and ownership structures of companies in Australia. Australian board of director practices are discussed in detailed and this article outlines how these practices are heavily influenced by the Australian Commonwealth Corporations Law (which sets out mandatory legal requirements that all Australian companies must adhere to). The article continues to explore briefly directors’ remuneration practices, recent shareholder’s rights protection and activism, the importance of corporate governance and the link to firm performance, and finally the importance of corporate social responsibility in the Australian context.
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Tovey, Jane Patricia. "Whose rights and who's right? Valuing ecosystem services in Victoria, Australia." Landscape Research 33, no. 2 (April 2008): 197–209. http://dx.doi.org/10.1080/01426390801908426.
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Crock, Mary. "SHADOW PLAYS, SHIFTING SANDS AND INTERNATIONAL REFUGEE LAW: CONVERGENCES IN THE ASIA-PACIFIC." International and Comparative Law Quarterly 63, no. 2 (March 6, 2014): 247–80. http://dx.doi.org/10.1017/s0020589314000050.
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AbstractWhile many Australians continue to see their roots in Western Europe, in matters concerning human rights and immigration control, Australia's culture and attitudes over time have become more closely aligned with those of States in its immediate geographical region. The trend finds obvious expression in the convergence of laws and policies governing the treatment of asylum seekers. This article uses as a case study various efforts made to establish regional frameworks for the management of irregular (forced) migration. The author argues that Australia's reversion to deflection and offshore processing as deterrent measures resonates with the discourse in two States that have been closely associated with the new ‘arrangements’: Malaysia and Indonesia. Australia's policies make express reference to laws and State behaviour in the region through what has been labelled the ‘no advantage’ principle governing Australia's treatment of asylum seekers presenting as unauthorized maritime arrivals (UMAs). The central idea is that these asylum seekers should gain no material advantage by reaching Australia in comparison with the situation they would face if their claims were processed in States of first refuge. If the comparators are the refugee-receiving States around Australia, the policy has to play out in the degradation of terms and conditions faced by UMAs in Australia. In the area of human rights and refugee policy, the author argues that Australia should be doing more to distinguish itself as a leader rather than follow the (generally poor) practices of its neighbours.
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Burrow, Sharan. "Australia's Social and Commercial Engagement with China: What Direction for the Relationship?" Journal of Industrial Relations 49, no. 5 (November 2007): 615–29. http://dx.doi.org/10.1177/0022185607082211.
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This article suggests four criteria that any Australian Government should satisfy in promoting new forms of social and commercial engagement in the Australia—China economic and trading relationship. Any Free Trade Agreement (FTA) should require a high level of commitment to meet four standards. First, the inclusion of a labour clause within the agreement. Second, the government must now ensure that there is no disadvantage to Australian industry particularly for the purpose of applying anti-dumping provisions. Third, an Australia—China FTA would need to demonstrate how the economic and trading relationship would become more balanced and why a bilateral FTA will not further compromise the multilateral system. Fourth, the government must demonstrate its commitment to make Australia free trade ready so the nation can maximize the benefits and minimize the costs of commercial engagement with China and other counties. Ultimately corporate globalization will only work for the world's workers and their families when it is underpinned by a fair set of global rules including labour rights.
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Skinner, Natalie, and Barbara Pocock. "Flexibility and Work-Life Interference in Australia." Journal of Industrial Relations 53, no. 1 (February 2011): 65–82. http://dx.doi.org/10.1177/0022185610390297.
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This contribution examines the relationship between flexibility and work—life interference. It analyses requests for flexibility in Australia just prior to the enactment of a new ‘right to request’ such flexibility, utilizing a large employee survey that shows that around a fifth of employees requested flexibility, most requests were agreed, and work—life outcomes were much better amongst those whose requests were fully agreed. Women were twice as likely as men to have sought flexibility, with one in two mothers of preschoolers, one in three mothers of children under 16 and a quarter of women without children having made requests. Parenting made no difference to men’s rate of request-making. Findings suggest that the right may be particularly beneficial to the third of all workers who have not made requests for flexibility yet are not content with current arrangements. There is a case to extend the right beyond parents, and for stronger appeal rights.
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RiverOfLife, Martuwarra, Anne Poelina, Donna Bagnall, and Michelle Lim. "Recognizing the Martuwarra's First Law Right to Life as a Living Ancestral Being." Transnational Environmental Law 9, no. 3 (September 14, 2020): 541–68. http://dx.doi.org/10.1017/s2047102520000163.
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AbstractTraditional custodians of the Martuwarra (Fitzroy River) derive their identity and existence from this globally significant river. The First Laws of the Martuwarra are shared by Martuwarra Nations through a common songline, which sets out community and individual rights and duties. First Law recognizes the River as the Rainbow Serpent: a living ancestral being from source to sea. On 3 November 2016, the Fitzroy River Declaration was concluded between Martuwarra Nations. This marked the first time in Australia when both First Law and the rights of nature were recognized explicitly in a negotiated instrument. This article argues for legal recognition within colonial state laws of the Martuwarra as a living ancestral being by close analogy with the case concerning the Whanganui River. We seek to advance the scope of native title water rights in Australia and contend that implementation of First Law is fundamental for the protection of the right to life of the Martuwarra.
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Guthrie, Robert, and Rebecca Taseff. "Dismissal and Discrimination: Illegal Workers in England and Australia." International Journal of Comparative Labour Law and Industrial Relations 24, Issue 1 (March 1, 2008): 31–60. http://dx.doi.org/10.54648/ijcl2008003.
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Abstract: This paper deals with various topical issues in relation to illegal workers. The legal rights of illegal workers have become an international concern. In this paper two common law countries are examined. The engagement of illegal workers raises a number of delicate employment law and policy issues. This article compares the attitude of the courts in England and Australia in relation to the question of the rights of workers who work contrary to immigration laws (illegal workers). In England, the courts have tended to adopt a traditional approach of not enforcing contracts which are tainted by illegality in relation to cases involving payment of wages and termination of employment. This has often meant that workers employed illegally have no rights to enforce agreements with employers who are a party to the illegal agreement. However, in relation to discrimination cases the English courts have used a number of devices to sidestep this harsh approach, and recently a number of workers who have been engaged illegally have been successful in establishing that their employer has discriminated unlawfully against them. Within the last decade in Australia the picture is even less clear with a mixture of outcomes in relation to cases by workers claiming wages when they have been working illegally. No discrimination cases have emerged in Australia, although this paper speculates that the Australian courts may be receptive to adopting the English approach.
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Phillips, Louise Gwenneth, and Catherine Montes. "Walking Borders: Explorations of Aesthetics in Ephemeral Arts Activism for Asylum Seeker Rights." Space and Culture 21, no. 2 (September 11, 2017): 92–107. http://dx.doi.org/10.1177/1206331217729509.
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Australia’s Operation Sovereign Borders vehemently enforces closed borders to asylum seekers arriving by boat to Australia. Policed urban borders were enforced in Brisbane, Australia, during the G20 Summit in 2014, to protect visiting dignitaries from potential violent protest. The ephemeral arts intervention Walking Borders: Arts activism for refugee and asylum seeker rights symbolically confronted border politics by peacefully protesting against Australian immigration policy. Rather than focusing on the direct effects of the ephemeral arts intervention, this article attends to the affective workings of the aesthetic elements of the project through sensory ethnography and storying. Informed by Ranciere’s aesthetics of politics, this article explores the affective experience and potential educative gains of the ethical turn attended to in participatory arts such as ephemeral arts interventions.
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Nyberg, Daniel, André Spicer, and Christopher Wright. "Incorporating citizens: corporate political engagement with climate change in Australia." Organization 20, no. 3 (April 17, 2013): 433–53. http://dx.doi.org/10.1177/1350508413478585.
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Studies of corporate citizenship have considered how corporations shape the delivery of basic rights. While liberal commentators argue that corporations can act as protectors of citizenship rights where state regulation is lacking, more radical commentators claim that corporations seek to obstruct the rights of citizens. In this article we build on theories of hegemony to argue that corporate citizenship can be more fruitfully understood as an attempt to incorporate citizenship activities in order to benefit corporate agendas. To explore how this process plays out, we examine how companies have sought to influence the political debate over climate change in Australia. Through analysis of corporate documents, media coverage and interviews with senior managers, we identify how corporations use practices of campaigning and exemplifying to build a common identity with citizens and synchronize corporate and citizen interests. This involves the recasting of citizens as active constituents, responsible consumers, ethical employees and ecopreneurs. Through this process, citizenship becomes increasingly incorporated within the value creating activities of corporations.
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Chapman, Anna. "The Continuing Resonance of Breadwinner Norms: the Australian Labour Law Experience." International Journal of Comparative Labour Law and Industrial Relations 34, Issue 4 (December 1, 2018): 351–72. http://dx.doi.org/10.54648/ijcl2018016.
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In the second half of the twentieth century many feminist law reform projects were pursued in Australia, including new legal rights to non-discrimination and the adjustment of labour laws in order to support women in the labour market. This article unpacks Australian developments in work related legal entitlements designed for the purpose of supporting women in paid work, including those designed more broadly to assist workers, including men, with responsibilities to care for others such as children or elderly relatives. It examines the extension of these rights to LGBT workers. The paper reveals ways in which Australian developments have displaced some markers of the breadwinner ideology of earlier legal regulation, whilst at the same time replicating central aspects of those social and cultural sets of understandings.
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Thomsen, D. A., K. Muir, and J. Davies. "Aboriginal perspectives on kangaroo management in South Australia." Rangeland Journal 28, no. 2 (2006): 127. http://dx.doi.org/10.1071/rj05028.
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Kangaroos are culturally significant to Aboriginal people but Aboriginal people are generally not involved in kangaroo management or in the kangaroo industry. Our research has provided the first opportunity for Aboriginal people in South Australia to present their perspectives on the commercial harvest of kangaroos. Research methods were qualitative, involving consultations with authoritative Aboriginal people about their perspectives, aspirations, and how they see their rights and interests in relation to the commercial harvest of kangaroos. We found diverse views on this topic from Aboriginal research participants. For some Aboriginal people, strict cultural protocols preclude any involvement in the commercial harvest, but for people from other regions where the cultural laws concerning kangaroos are quite different, there is interest in developing enterprises based on kangaroo harvest. Despite the diversity of views about commercial kangaroo harvest, Aboriginal people across South Australia highly value kangaroos, and want to be included in decision-making processes for kangaroo management. There is potential for appropriate engagement of Aboriginal people in kangaroo management through improved communication, greater understanding and respect for the diversity of Aboriginal perspectives and protocols regarding native wildlife.
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Lillywhite, Serena. "Ethical Purchasing and Workers' Rights in China: The Case of the Brotherhood of St Laurence." Journal of Industrial Relations 49, no. 5 (November 2007): 687–700. http://dx.doi.org/10.1177/0022185607082216.
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As China continues its economic development and integration with the global economy, pressure is building to ensure international enterprises embrace responsible supply chain management and contribute to improved labour and environmental conditions. Despite China's reputation for having a poor regulatory framework, China's labour law is more comprehensive than that of many Organisation for Economic Co-operation and Development (OECD) countries. What is lacking is an adequate system of enforcement. This article draws on the experiences of an Australian non-governmental organization (NGO) in dealing with the Chinese optical industry to consider the important question of corporate social responsibility in China.1 It begins with an overview of the Brotherhood of St Laurence experience and observations in China, examines the challenges and opportunities of responsible supply chain management and ethical purchasing and the impact on workers' rights, and finally looks at implications for an Australia—China Free Trade Agreement (ACFTA).
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Gibson, Jason. "Cultivating the “Proletarian Outlook”: Towards a History of the Left in Central Australia, 1920–75." Labour History: Volume 118, Issue 1 118, no. 1 (May 1, 2020): 55–81. http://dx.doi.org/10.3828/jlh.2020.4.
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This article presents a history of left-wing ideas and activities in central Australia from the 1920s through to the 1970s. Although the central Australian region, and the Alice Springs district in particular, is now often associated with various Aboriginal rights struggles and other protest movements, little is known about the presence of left-wing influences prior to the 1970s. Working from archival sources, this paper begins to build up a picture of how leftists and, in particularly, those associated with the Communist Party of Australia struggled to make their presence felt in a predominantly conservative socio-economic milieu. The intent of this article is to sketch out the various historical figures, events and ideological contests that came to influence the political identity of Australia’s most isolated and scantily populated heartland over a number of decades. These vignettes also reveal how leftist politics did, and did not, have an effect on the Aboriginal rights campaigns that followed in the 1970s and onwards.
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Yeh, Hsiu-shan, and Wan-I. Lin. "Disability employment services under new public management: A comparison of Australia and Taiwan." International Social Work 61, no. 3 (June 10, 2016): 437–50. http://dx.doi.org/10.1177/0020872816648201.
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In the 1990s, both Australia and Taiwan were influenced by new public management (NPM) and subsequently reformed their public employment services. However, the reforms of the two countries have led to divergent results. This study assumes that the essential differences lay in the mobilization capacity of the disabled rights advocacy organizations and the disability employment benefits. Taiwan’s disability employment services (supported employment), though privatized, are limited to nonprofit organizations (NPOs), while for-profit organizations (POs) remain absent in this area. In Australia, the employment services (open employment services for people with disabilities) have been privatized, and for-profit organizations are encouraged to compete with one another to enhance the service quality and to reduce the costs. By providing job-search benefits for disabled people and implementing workfare policy, the Australian government reforms have resulted in the change of the relationship between the government and the citizens. In contrast, since the Taiwanese government never provided sufficient social welfare benefits for disabled people, they have to actively seek employment not after encouragement from the government, but as a result of their desperate need to earn a living. Despite the two countries’ differences, the force of neoliberalism, along with NPM, ostensibly continues to be a part of their employment policies for the socially underprivileged.
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Pilon-Summons, Claudia, Susanne Pratt, Paul J. Brown, and Alexander Baumber. "From barriers to boundary objects: Rights of nature in Australia." Environmental Science & Policy 134 (August 2022): 13–22. http://dx.doi.org/10.1016/j.envsci.2022.03.013.
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Holmes, JH, and LDP Knight. "Pastoral Lease Tenure in Australia: Historical Relic or Useful Contemporary Tool?" Rangeland Journal 16, no. 1 (1994): 106. http://dx.doi.org/10.1071/rj9940106.
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Pastoral leasehold has evolved as the vehicle for the flexible award of property rights and duties in Australia's rangelands capable of serving as an effective public policy instrument while meeting the needs of titleholders. These capabilities were most clearly revealed during the interventionist phase of planned closer settlement. With the loss of policy momentum directed towards further pastoral development and closer settlement, leasehold tenure appeared to be in danger of becoming a bureaucratic anachronism. More recently, however, the sharply escalating revival of public interest in the rangelands is forcing a re- examination of property rights, with renewed interest in lease tenures as policy instruments, within a context of multiple values and uses, many not being readily tied to private land title. We examine the theoretical arguments as well as the pragmatic case for retaining a distinctive regime of limited property rights in Australia's rangelands, focusing on the following issues: matching property rights with resource contexts; balancing internalities and externalities; timing the award of property rights; specificity and flexibility; coordinated administration; and perceptions and expectations. We conclude by identifying the core attributes of an effective property-rights regime based on lease title. These attributes are: clear specification of the property rights of the lessee, designed to meet the resource needs of the enterprise; performance standards with increasing emphasis on sustainable use; capacity to award additional rights, where additional resources can be internalised effectively; specification of the rights of other interest-groups; powers of resumption for more intensive uses; powers to revise lease conditions; and payment of an annual rent. We foresee the revival of the leasehold system as a mechanism for defining property rights and duties precisely, and as an instrument for delivering policies on a wide range of issues concerning the management and use of the rangelands.
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Lee, David. "Labor, the External Affairs Power and the Rights of Aborigines." Labour History 120, no. 1 (May 1, 2021): 49–68. http://dx.doi.org/10.3828/jlh.2021.4.
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The Australian Constitution gave the Commonwealth not a “treaty power” but a vague power over “external affairs,” the precise meaning of which was elusive for most of the twentieth century. From the 1930s, Labor judges and politicians such as H. V. Evatt saw its potential to extend Commonwealth power by legislating international agreements throughout Australia. The non-Labor parties rejected the idea of using the “external affairs” power to legislate in areas formerly the responsibility of the states but the federal Labor Party continued in the Evatt tradition. After significant uncertainties, the Whitlam government used the external affairs power to pass the Racial Discrimination Act 1975, the first significant human rights legislation in the country, which in turn had a profound effect on the law of the land in the country by making the second Mabo Case possible.
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Quinlan, Michael, and David Walters. "Knowledge Activists on Health and Safety: Workmen-Inspectors in Metalliferous Mining in Australia 1901-25." Labour History: Volume 119, Issue 1 119, no. 1 (November 1, 2020): 31–58. http://dx.doi.org/10.3828/jlh.2020.17.
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Worker campaigns for a more direct say in protecting their health and safety are a significant but under-researched subject in labour history. Largely overlooked are the attempts by coalminers in the UK, Australia and Canada to establish mechanisms for representation on health and safety in the 1870s. This push for a voice then spread to New Zealand, France, Belgium and other countries, with unions eventually securing legislative rights to inspect their workplaces a century before workers in other industries gained similar entitlements. In Australia metalliferous miners’ unions followed coalminers in initiating a parallel campaign for the right to appoint their own mine-site and district inspectors (known as “check-inspectors”) from the late nineteenth century. This article examines the struggle for and activities/impact of workmen-inspectors in Australian metalliferous mines, including adoption of the competing UK-Australian and Continental-European models. It finds the development conforms to a resistance rather than mutual-cooperation perspective with check-inspectors performing the role of “knowledge activists.” The article argues this finding is not only relevant to understanding more recent experience of worker involvement in occupational health and safety but also demonstrates the relevance of historical research to contemporary regulatory policy debates and union strategies.
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Bray, Mark, Johanna Macneil, and Leslee Spiess. "Unions and collective bargaining in Australia in 2018." Journal of Industrial Relations 61, no. 3 (May 1, 2019): 357–81. http://dx.doi.org/10.1177/0022185619834320.
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There is a storm brewing over the roles of unions and collective bargaining in Australian employment relations. Unions, frustrated with what they see as practical and legislative restrictions on protection of workers’ rights, seek to ‘change the rules’. Employers, on the other hand, have been successful in restricting or rolling back bargaining rights, supported by their associations, the Coalition government and an assertive interpretation of the Fair Work Act. Add to this the impending federal election and the scene is set for a tempest that could bring industrial relations back to the centre of Australian politics in 2019. The review explores the various elements contributing to the coming storm, including trends in union membership, structure and strategy. It also surveys trends in the number and coverage of collective agreements, wage outcomes and industrial disputes. Two idiosyncractically Australian versions of collective agreement making are also discussed: cooperative bargaining facilitated by the Fair Work Commission and non-union collective agreement making.
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McConnel, Katie. "The Centrepiece of Colonial Queensland's Celebration and Commemoration of Royalty and Empire: Government House, Brisbane." Queensland Review 16, no. 2 (July 2009): 15–28. http://dx.doi.org/10.1017/s1321816600005080.
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Her Majesty's birthday was right royally celebrated last evening by His Excellency the Governor on the occasion of the annual birthday ball at government house.‘Royalty’ and ‘Empire’ were, throughout the second half of the nineteenth century. of supreme significance to all the Australian colonies. While each colony was well integrated within the Imperial framework, they remained largely reliant on the economic and geopolitical management of the British Empire. Though different colonial/national identities developed in Australia, the colonies' economic, military and diplomatic dependence on Britain strongly orientated them towards the Queen and ‘home’. Colonial Governors served as the vital link between the colonies and both the Imperial government and the Queen of the British Empire. Appointed by Britain and entrusted with the same rights, powers and privileges as the Queen, the role of Governor was one of great influence and authority.
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Stewart, Andrew. "The New Unfair Dismissal Jurisdiction in South Australia." Journal of Industrial Relations 28, no. 3 (September 1986): 367–409. http://dx.doi.org/10.1177/002218568602800304.
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The transition in the South Australian jurisdiction over unfair dismissals has generated issues that challenge the future and directions of employment protection in Australia. The new provision, with its key remedial power of compensation in liett of reinstatement or re-employment, has in its practical operation approached far closer to the British model of statutory employment rights than any of its counterparts in the other states, and has further proved sufficiently flexible to generate entitlements to redundancy payments in a novel way. Many of the legal points raised in the decided cases to date reflect important aspects of definition, interaction with otherjurisdictions and employ ment policy generally; these include the definition of dismissal, the effect of alternative remedies on an unfair dismissal claim, the taxation of compensation awards and the significance of this type of legislation as a source of procedural (if not always substantive) fairness.
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Tsatsaros, Julie, Jennifer Wellman, Iris Bohnet, Jon Brodie, and Peter Valentine. "Indigenous Water Governance in Australia: Comparisons with the United States and Canada." Water 10, no. 11 (November 13, 2018): 1639. http://dx.doi.org/10.3390/w10111639.
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Aboriginal participation in water resources decision making in Australia is similar when compared with Indigenous peoples’ experiences in other common law countries such as the United States and Canada; however, this process has taken different paths. This paper provides a review of the literature detailing current legislative policies and practices and offers case studies to highlight and contrast Indigenous peoples’ involvement in water resources planning and management in Australia and North America. Progress towards Aboriginal governance in water resources management in Australia has been slow and patchy. The U.S. and Canada have not developed consistent approaches in honoring water resources agreements or resolving Indigenous water rights issues either. Improving co-management opportunities may advance approaches to improve interjurisdictional watershed management and honor Indigenous participation. Lessons learned from this review and from case studies presented provide useful guidance for environmental managers aiming to develop collaborative approaches and co-management opportunities with Indigenous people for effective water resources management.
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Noh, Jae-Eun. "Korean Migrants’ Transnational Activism in Australia: Collective Meaning Making around Human Rights." VOLUNTAS: International Journal of Voluntary and Nonprofit Organizations 32, no. 3 (February 23, 2021): 573–84. http://dx.doi.org/10.1007/s11266-021-00326-w.
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Warburton, A. M., and S. E. Singleton. "THE EMERGING MARKET IN CARBON CREDITS IN AUSTRALIA." APPEA Journal 47, no. 1 (2007): 347. http://dx.doi.org/10.1071/aj06025.
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Climate change policy in Australia is in a state of upheaval.The Federal Government, after years of opposing mandatory carbon constraints, has changed tack and is now investigating emissions trading as a possible means of reducing greenhouse gas emissions.With a federal election looming, the Labor Opposition has committed to ratifying the Kyoto Protocol and reducing greenhouse gas emissions by 60% (against 1990 levels) by 2050. Not to be left out, the State governments say they will introduce an emissions trading regime themselves, if the federal government of the day does not move quickly enough.It now seems clear that there will be some form of carbon price signal in Australia within the next five to 10 years. What is unclear is the form that the carbon constraints might take.Amid this policy uncertainty, large energy producers and users are starting to invest in emissions reduction projects in Australia, as a form of risk management for potential future carbon liabilities. These projects are unusual in that the carbon rights that are being traded are not recognised under any existing Australian statutory scheme, nor are they part of the Kyoto mechanisms. Consequently, they are not recognised by law and do not have any real value today. Their value is largely potential future value under some form of emissions trading scheme or carbon tax regime (which places a price on carbon emissions).These projects raise some novel issues for project developers and purchasers. What is the carbon right that is being sold? How do you frame it to maximise flexibility for use under a future carbon constraint regime?How do you ensure ongoing validity of the carbon right for an indefinite period into the future? For carbon sink projects, the purchaser will want some comfort regarding permanence of abatement of CO2 emissions.Project developers are often small start-up companies with few assets and limited cash flow. They may not be in a position to offer securities for performance. What mechanisms can a purchaser use to assist with start-up funding and also secure the rights they are purchasing?What pricing structures are available, particularly for future sales, against the background of a possible future carbon market?What obligations should the developer/seller have in relation to verification, monitoring and reporting of avoided emissions?How might projects be structured to involve multiple buyers to support the project and facilitate development of a market?
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Hall, Richard, Bill Harley, and Gillian Whitehouse. "Contingent Work and Gender in Australia: Evidence from the 1995 Australian Workplace Industrial Relations Survey." Economic and Labour Relations Review 9, no. 1 (June 1998): 55–81. http://dx.doi.org/10.1177/103530469800900103.
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The decreasing prevalence of the standard model of employment embodied by the ‘typical male full-time employee on a permanent contract’ can be seen both as risking the erosion of hard won labour rights and as offering the potential for a more flexible, less ‘male’ model. This paper addresses some of the ways in which this tension is played out, drawing on data from the 1995 Australian Workplace Industrial Relations (AWIRS95) Employee Survey to examine the implications for women workers of recent trends in contingent employment in Australia. Our analysis suggests that the growth in contingent employment in Australia has had little positive impact on women's experience of work. We conclude that if the disadvantage faced by women in irregular employment is to be countered, greater regulation of such employment is required. However, key features of the Workplace
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Bakker, Felix Ferdin. "Establish ASEAN-AUSTRALIA Communication In Resolving Humanitarian Issues For International Asylum Seekers and Refugees." Veteran Law Review 4, no. 1 (April 16, 2021): 53. http://dx.doi.org/10.35586/velrev.v4i1.2630.
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The current problem of refugees cannot be handled with policies that address the root of the problem. The increasing number of refugees in the Southeast Asian region makes transit countries overwhelmed in dealing with this problem. On the other hand, as a refugee recipient country in the last ten years, Australia has had a strict policy in accepting refugees. Australia's approach to return refugee ships to a transit country is a controversial policy because Australia itself is a country that signed the 1951 convention on refugee status. On the other hand, the existence of refugees and asylum seekers has a significant impact on the local community's social changes, and the current refugee policy arrangement is still in the hands of UNHCR ( United Nations High Commissioner for Refugees) under the auspices of the United Nations. There has been no concrete communication to touch the root of the problem of refugees and asylum seekers. Through an enthusiastic approach and communication with community-based management between ASEAN countries and Australia, it is hoped that it can resolve human rights issues related to supervision to empower refugees in society to become citizens of a third country, in this case, Australia.
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Bi, Kanglei, and Lili Rong. "A research on the effectiveness of agricultural water rights allocation based on market orientation." E3S Web of Conferences 199 (2020): 00004. http://dx.doi.org/10.1051/e3sconf/202019900004.
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There are some problems in China’s agricultural water resources, such as low per capita consumption and uneven spatial and temporal distribution. It is urgent to speed up the reform of water rights trading mode. Based on the market orientation and the experience of the United States and Australia, this paper studies the effectiveness of China’s agricultural water rights trade. Firstly, the characteristics of “quasi-market” should be clarified. Secondly, under the market mechanism, this paper analyzes the mechanism of the impact of economic incentives of trading subjects, reasonable delimitation of trading prices and multiple participation of institutions and departments. Furthermore, the factors that affect the efficiency are deeply analyzed. At last, the paper provides some suggestions on the construction of a trading mechanism with Chinese characteristics from the aspects of right confirmation registration, pricing mechanism and supervision regulations, to provide decision support for agricultural water rights management system.
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Cooper, Rae, and Bradon Ellem. "‘Less than zero’: union recognition and bargaining rights in Australia 1996–2007." Labor History 52, no. 1 (February 2011): 49–69. http://dx.doi.org/10.1080/0023656x.2011.545203.
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Mortimer, Anastasia, Temitope Egbelakin, and Willy Sher. "Policy interventions for disaster-related internal displacement in Australia." IOP Conference Series: Earth and Environmental Science 1101, no. 2 (November 1, 2022): 022030. http://dx.doi.org/10.1088/1755-1315/1101/2/022030.
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Abstract It is projected that internal displacement of populations in the aftermath of natural hazards will occur more frequently due to climate change [1]. However, to date, 35 nations have implemented policy or legal protections at a national level to plan for displacement or to protect the rights of internally displaced people (IDPs) [2]. While no cohesive national strategy for internal displacement has been developed in Australia, a thematic analysis of climate change, disasters, and emergency management policies was conducted to determine if Australian policy acknowledges the issue of internal displacement or plans for its effects. The study found that Australian policy fails to recognise the needs of IDPs and the threat of displacement risk. The failure of national governments to implement policy and legislation on internal displacement has the potential to undermine the 2030 Agenda for Sustainable Development and stifle the progression of international initiatives such as the Sendai Framework and the Paris Climate Agreement. Furthermore, the lack of recognition for the issue at the governmental level contributes to disaster displacement risk creation, placing vulnerable populations at risk of displacement and associated stressors. As displacement governance is an integral part of addressing the human impacts of climate change and natural hazards [3], this research suggests how displacement risk could be reduced in Australia through national-level policy interventions.
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Milner, Lisa. "“An Unpopular Cause”: The Union of Australian Women’s Support for Aboriginal Rights." Labour History 116, no. 1 (May 1, 2019): 167–88. http://dx.doi.org/10.3828/jlh.2019.8.
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The Union of Australian Women (UAW) was a national organisation for left-wing women between World War II and the emergence of the women’s liberation movement. Along with other left-wing activists, UAW members supported Aboriginal rights, through their policies, publications and actions. They also attracted a number of Aboriginal members including Pearl Gibbs, Gladys O’Shane, Dulcie Flower and Faith Bandler. Focusing on NSW activity in the assimilation period, this article argues that the strong support of UAW members for Aboriginal rights drew upon the group’s establishment far-left politics, its relations with other women’s groups and the activism of its Aboriginal members. Non-Aboriginal members of the UAW gave practical and resourceful assistance to their Aboriginal comrades in a number of campaigns through the assimilation era, forming productive and collaborative relationships. Many of their campaigns aligned with approaches of the Communist Party of Australia and left-wing trade unions. In assessing the relationship between the UAW and Aboriginal rights, this article addresses a gap in the scholarship of assimilation era activism.
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Saifuddin Hossain, Syed. "Border Enforcement of IPR Laws in Australia." Global Trade and Customs Journal 4, Issue 1 (January 1, 2009): 1–14. http://dx.doi.org/10.54648/gtcj2009001.
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Customs in the twenty–first century has a role that expands far beyond the traditional role of revenue collection, and includes trade facilitation and border protection. It is now required to guard against both importation and exportation of dangerous and counterfeit products which pose serious threat not only to the economy, but also to the society in general. With its firmly built legislative base coupled with strategically developed implementation mechanism, the Australian Customs Services (ACS) plays a crucial role in ensuring border protection of Intellectual Property Rights (IPR) laws. Conformity with the provisions and standards set out by the apex trade bodies in the world is a major strength of the Australian Customs in its ongoing battle against infringement of IPR laws. The Australian Customs maintains a close relationship with other border agencies and the business community with a view to interdicting and disrupting the illicit trade in goods that infringe IPR.
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Jackson, Sue, Michael Storrs, and Joe Morrison. "Recognition of Aboriginal rights, interests and values in river research and management: Perspectives from northern Australia." Ecological Management and Restoration 6, no. 2 (August 2005): 105–10. http://dx.doi.org/10.1111/j.1442-8903.2005.00226.x.
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Kennett, Rod, N. Munungurritj, and Djawa Yunupingu. "Migration patterns of marine turtles in the Gulf of Carpentaria, northern Australia: implications for Aboriginal management." Wildlife Research 31, no. 3 (2004): 241. http://dx.doi.org/10.1071/wr03002.
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Marine turtles regularly migrate hundreds to thousands of kilometres between nesting beaches and home foraging grounds. Effective conservation of marine turtles requires understanding of migration patterns in order to facilitate regional cooperation across the turtles' migratory range. Indigenous Australians maintain traditional rights and responsibilities for marine turtle management across much of the northern Australian coast. To better understand turtle migrations and identify with whom the Aboriginal people of north-east Arnhem Land (Yolngu) share turtles, we used satellite telemetry to track the migration routes of 20 green turtles (Chelonia mydas) departing from a nesting beach ~45 km south of Nhulunbuy, north-east Arnhem Land, Northern Territory, Australia. All tracked turtles remained within the Gulf of Carpentaria. These results suggest that the foraging habitat for adults of this nesting population may be largely confined to the Gulf, offering an optimistic scenario for green turtle conservation. Given these results and the critical role indigenous people play in conserving and managing marine turtles, we recommend that a formal network of indigenous communities be established as the foundation of a community-based turtle-management strategy for the Gulf of Carpentaria region.
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Soldatic, Karen. "Policy Mobilities of Exclusion: Implications of Australian Disability Pension Retraction for Indigenous Australians." Social Policy and Society 17, no. 1 (October 26, 2017): 151–67. http://dx.doi.org/10.1017/s1474746417000355.
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There is growing concern surrounding the retraction of disability social provisioning measures across the western world, with state fiscal policy trends foregrounding austerity as a central principle of welfare provisioning. This is occurring within many of the nation-states that have ratified and legislated rights enshrined by the United Nations Convention on the Rights of Persons with Disabilities (CRPD). This article undertakes a critical analysis of disability income retraction in Australia since the early 2000s and examines these changes for Aboriginal and Torres Strait Islander Australians living with disability by focusing on Article 20 of the CRPD, the right to personal mobility, a core right for people with disabilities and Indigenous peoples. Beyond economic inequality, the article illustrates that the various administrative processes attached to welfare retraction have implications for the realisation of mobility practices that are critical for individual cultural identity and wellbeing. Disability austerity has resulted in a new form of Indigenous containment, fixing Aboriginal and Torres Strait Islander people with disabilities in a cyclical motion of poverty management.
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Jayasuriya, R. T. "Modelling the economic impact of environmental flows for regulated rivers in New South Wales, Australia." Water Science and Technology 48, no. 7 (October 1, 2003): 157–64. http://dx.doi.org/10.2166/wst.2003.0436.
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The management of water resources across Australia is undergoing fundamental reform in line with the priorities identified by the Council of Australian Governments (COAG) in 1994. This includes reforms to the specification of property rights, the way the resource is shared between the environment, irrigators and other users, charges for water use and the operational management of the river systems. In New South Wales (NSW), a series of water sharing plans (WSPs) is being developed for each water source in the State including regulated rivers, unregulated rivers and groundwater aquifers. These plans, which are the mechanisms by which COAG reforms are being implemented, are being developed by community-based water management committees (WMCs). The role of the WMCs is to develop a plan that achieves a balance between environmental, economic and social outcomes. NSW Agriculture has assisted a number of WMCs by quantifying the economic impact of proposed WSP options on the irrigation community. This paper outlines the approach taken by NSW Agriculture to quantifying economic impacts on irrigators in regulated catchments and provides results of case studies in the Lachlan River Catchment which is heavily developed for irrigation.
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Pascoe, Sean, Ingrid Van Putten, Eriko Hoshino, and Simon Vieira. "Determining key drivers of perceptions of performance of rights-based fisheries in Australia using a Bayesian belief network." ICES Journal of Marine Science 77, no. 2 (November 26, 2019): 803–14. http://dx.doi.org/10.1093/icesjms/fsz220.
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Abstract Rights-based management has been advocated as a means of improving the biological sustainability and economic performance of commercial fisheries. The most common forms of rights-based management implemented are individual transferable catch quotas (ITQs) and individual transferable effort quotas (ITEs). Perceptions of success of these management systems vary, however, with some being considered successful while others have been criticized, especially when broad social outcomes are taken into consideration. In this study, we develop a Bayesian belief network model that considers the underlying governance and social environment in which the fishery operates, along with the characteristics of the fishery. We use data derived from a survey of fishers, managers, and scientists to populate the model from 47 Australian fisheries currently managed through ITQs and ITEs. As well as capturing the characteristics of the fisheries, the survey asked respondents for their perceptions on the overall performance of the management system, as well as its performance against social, economic, environmental, and governance objectives. The results suggest that positive perceptions of management performance are related to the quality of social relationships between fishers, the efficiency in the functioning of quota markets, and the degree to which economic information is used in quota setting.
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Musarra, Raíssa Moreira Lima Mendes, and Hirdan K. de Medeiros Costa. "Comparative International Law: The Scope and Management of Public Participation Rights Related to CCS Activities." Journal of Public Administration and Governance 9, no. 2 (May 21, 2019): 93. http://dx.doi.org/10.5296/jpag.v9i2.14559.
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The paper proposes the presentation of the public participation item in the regulatory standards of CCS in Australia, Canada, the European Union, the United Kingdom and the United States and their possible relations with the Brazilian configuration. The choice of territories is due to the existence of the item in its legal norms and or regulations. The standards available from the International Energy Agency (IEA) database on Carbon Capture, Transport and Storage were used. The methodology used is the comparative, cumulatively with the deductive method, assuming that public participation is a fundamental issue for the governance of CCS activities and that Brazil, when inserting such activities into its code, should take into account the adoption of the best practices of public participation, which, in addition to being consultative, provides deliberative powers to citizens.
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MCCORMACK, JOHN. "Acute hospitals and older people in Australia." Ageing and Society 22, no. 5 (September 2002): 637–46. http://dx.doi.org/10.1017/s0144686x02008802.
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The Australian health care system is frequently portrayed as being in crisis, with reference to either large financial burdens in the form of hospital deficits, or declining service levels. Older people, characterised as a homogeneous category, are repeatedly identified as a major contributor to the crisis, by unnecessarily occupying acute beds while they await a vacancy in a residential facility. Several enquiries and hospital taskforce management groups have been set up to tackle the problem. This article reviews their findings and strategic recommendations, particularly as they relate to older people. Short-term policy responses are being developed which specifically target older people for early discharge and alternative levels of care, and which, while claiming positive intentions, may introduce new forms of age discrimination into the health system. Few of the currently favoured proposals promote age-inclusivity and older people's rights to equal access to acute care.
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Acton, Jennifer. "Fair Work Australia: An Accessible, Independent Umpire for Employment Matters." Journal of Industrial Relations 53, no. 5 (November 2011): 578–95. http://dx.doi.org/10.1177/0022185611419607.
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Fair Work Australia is a new industrial relations tribunal that comes with more than 100 years of history that has shaped its functions and substantive work. This article briefly plots the development of Fair Work Australia’s jurisdiction in respect of awards, bargaining and agreement making, the ‘alternative’ dispute resolution of rights-based disputes, termination of employment, industrial organizations, and appeals. It then analyses statistical data to reveal the changes that have occurred in the day-to-day work of Australia’s national industrial institution over time. The independence and accessibility of the tribunal are also considered. The article concludes that Fair Work Australia is well placed to deal with a more extensive jurisdiction in employment matters.
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Heemsbergen, Luke, and Angela Daly. "Leaking Boats and Borders: The virtu of surveilling Australia’s refugee population." Surveillance & Society 15, no. 3/4 (June 11, 2017): 389–96. http://dx.doi.org/10.24908/ss.v15i3/4.6629.
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When refugees displaced to Australia’s offshore detention do speak, it is through surveillance upended through publicity and violations of privacy. Weak legal rights to privacy in Australia juxtapose the increasing secrecy under which the Australian state operates its own offshore detention centres (Manus Island and Nauru) while increasing the mandate of data retention at home. Australia’s institutional context offers visibility to these concerns of surveillance whereby we find an acceleration of prohibitive privacy for government and prohibitive transparency for individuals. Our analysis of this country synthesises media-law in practice with theories of mediated visibility (Flyverbom 2016, 2017; Brighenti 2010), to understand Australian privacy, media and immigration law in the context of pervasive surveillance and the radical management of visibility. Our contribution speaks to applicable privacy concerns for states grappling with invasive data collection and its relation to the (prohibiting of the private) voice of the surveilled, which we see as doubly acute for those left vulnerable in Australia’s borderzones.
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Thompson, Beatrice Emma, Melanie Elyse Grace, Bridget Clare Foster, Claire Louise Harrison, and Sonia Graham. "Does the End Justify the Means? A Media Analysis of Invasive Pig and Fox Management." Society & Animals 28, no. 7 (December 27, 2018): 776–96. http://dx.doi.org/10.1163/15685306-12341593.
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Abstract Growing numbers of researchers and animal rights advocates are concerned about the welfare of invasive nonhuman animals, and new government policies echo these concerns. Past survey research, however, shows that the general public defines invasive animal welfare differently than scientists and animal rights advocates. There is little social research that investigates how differing views on the acceptability of invasive animal controls are reconciled in public fora. This article examines how invasive animal control is represented in two newspapers—The Sydney Morning Herald and The Land—in New South Wales, Australia, focusing on the management of invasive foxes and pigs. The findings revealed that efficacy is emphasized more than humaneness, especially among farmers and peri-urban residents, suggesting a disjuncture between new policies and landholders’ values. Views of indigenous land managers and amenity migrants are rarely represented yet they need to be actively engaged to ensure effective policy change.