Journal articles: 'Workplace agreements'

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Mitchell, Richard, and Joel Fetter. "Australian Workplace Agreements and High Performance Workplaces: A Reply." Journal of Industrial Relations 45, no. 4 (December 2003): 528. http://dx.doi.org/10.1111/j.0022-1856.2003.00098.x.

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van Barneveld, Kristin. "Australian Workplace Agreements in Universities." Journal of Industrial Relations 51, no. 1 (February 2009): 59–74. http://dx.doi.org/10.1177/0022185608099665.

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This article details the use of Australian Workplace Agreements (AWAs) in universities after the Higher Education Workplace Relations Requirements (HEWRRs) mandated that all university staff be offered an AWA by the end of August 2006. It is clear from the evidence that, despite this requirement, at most universities there was little take-up of this form of individual employment arrangement. Of the few who did sign an AWA, one group stood out more than others — senior general staff. However at most universities, these workers have traditionally been employed on individual, common law contracts and moving them from one form of individualized employment arrangement to another did little to increase the overall pool of those on individual employment arrangements in higher education. Once these senior general staff were excluded from the equation, the take-up rate was very low indeed. The research demonstrates that the Howard government's approach to increasing the take-up rate of AWAs in universities failed. With the election of the Rudd Labor Government in November 2007, the very low take-up of AWAs has meant that the university sector has a relatively small task in moving staff back to collective employment arrangements.

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van Barneveld, Kristin. "Australian Workplace Agreements under Work Choices." Economic and Labour Relations Review 16, no. 2 (May 2006): 165–91. http://dx.doi.org/10.1177/103530460601600208.

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Gollan, Paul J. "Australian Workplace Agreements: An Employer Response." Journal of Industrial Relations 46, no. 1 (March 2004): 116–24. http://dx.doi.org/10.1111/j.0022-1856.2004.00130.x.

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Sutherland, Carolyn. "Enterprise Bargaining as a Tool to Reduce Regulatory Layering: A Content Analysis Study." Federal Law Review 42, no. 3 (September 2014): 559–88. http://dx.doi.org/10.22145/flr.42.3.6.

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This article assesses whether Australia's system of enterprise bargaining has helped to streamline workplace relations rules by replacing overlapping industrial instruments with a single enterprise agreement. It presents empirical findings from a content analysis study of enterprise agreements made in the higher education and fast food sectors between 1993 and 2011. These findings suggest that there has been a remarkable shift over time in the contribution of enterprise agreements to the problem of regulatory ‘layering’. Whereas the majority of early agreements exacerbated the problem by inserting new arrangements on top of existing industrial instruments, more recent agreements have tended to replace multiple instruments with a single agreement. The empirical findings also point to various ways in which legislative reforms and funding incentives have contributed to this shift towards greater simplicity in the workplace relations system.

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Todd, Patricia, Donella Caspersz, and Michael Sutherland. "Employers' Choices in Workplace Regulation: Individual Agreements." Journal of Industrial Relations 48, no. 4 (September 2006): 507–21. http://dx.doi.org/10.1177/0022185606066142.

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Gollan, Paul J., and Jonathan Hamberger. "Australian Workplace Agreements and High Performance Workplaces: A Critique of Mitchell and Fetter." Journal of Industrial Relations 45, no. 4 (December 2003): 521–27. http://dx.doi.org/10.1111/j.0022-1856.2003.00097.x.

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van Barneveld, Kristin, and Ross Nassif. "Motivations for the Introduction of Australian Workplace Agreements." Labour & Industry: a journal of the social and economic relations of work 14, no. 2 (December 2003): 21–37. http://dx.doi.org/10.1080/10301763.2003.10669286.

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Bernstein, Adam. "Settlement agreements: dealing with the past." Journal of Aesthetic Nursing 12, no. 1 (February 2, 2023): 45–47. http://dx.doi.org/10.12968/joan.2023.12.1.45.

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Sadly, disputes in the workplace are quite common. While they can end in any number of ways, one option is to put a settlement agreement in place, says Adam Bernstein, in collaboration with Sophie Wahba

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Anderson, Linda. "Silent Agreements: What We Don't Say at the Workplace." Employment Relations Today 42, no. 1 (April 2015): 23–27. http://dx.doi.org/10.1002/ert.21484.

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Bodnarchuk, O. H., and K. M. Vaskivska. "EMPLOYMENT AGREEMENT WITH FLEXIBLE WORKPLACE HOURS AS ONE OF THE FORMS OF NONTYPICAL EMPLOYMENT AGREEMENTS." Juridical scientific and electronic journal, no. 8 (2020): 224–27. http://dx.doi.org/10.32782/2524-0374/2020-8/56.

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Roan, Amanda, Tom Bramble, and George Lafferty. "Australian Workplace Agreements in Practice: The ‘Hard’ and ‘Soft’ Dimensions." Journal of Industrial Relations 43, no. 4 (December 2001): 387–401. http://dx.doi.org/10.1111/1472-9296.t01-1-00025.

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Cake, Susan. "Worker Movement as a Union Issue: An Examination of Collective Bargaining Agreements in the Construction Sector in Alberta, Canada." Canadian Journal of Sociology 41, no. 3 (September 30, 2016): 327–48. http://dx.doi.org/10.29173/cjs28275.

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The fluctuating expansion of oil sands development in northern Alberta, Canada has led to employers hiring a large number of mobile workers. The working conditions for some of these mobile workers are modulated in part by unions through their role in negotiating of collective bargaining agreements. Using a social reproductive framework, this study has two main findings: through collective agreements mobile workers are treated as a distinct category of worker, and there is a simultaneous expansion of workplace rules and regulations alongside a divide of the workplace from the home. The resulting expansion of the union regulated space in contrast to the divide of workplace from the home challenges union revitalization efforts, while also reaffirming traditional gendered experiences of mobility.

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Santos, Álvaro. "Reimagining Trade Agreements for Workers: Lessons from the USMCA." AJIL Unbound 113 (2019): 407–12. http://dx.doi.org/10.1017/aju.2019.74.

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A backlash against the post-Cold War order of liberal globalization has taken hold in the rich North Atlantic countries. Concerns about wages, working conditions, and economic opportunity are central to the critique of international trade agreements of the last three decades. While labor rights have progressively been included in trade agreements, they have done little to reshape workers’ well-being and workplace conditions. The new United States-Mexico-Canada Agreement (USMCA) may signal a pivot to a new model requiring reforms of domestic labor law and other issues important to workers. However, there is much more to be done to rebalance the power between capital and labor in trade agreements. In addition, for the United States and other rich countries, reform at home may be equally important.

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Brown, Travor. "Sexual Orientation Provisions in Canadian Collective Agreements." Articles 58, no. 4 (March 23, 2004): 644–66. http://dx.doi.org/10.7202/007820ar.

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Abstract The past decade has been marked by increased awareness concerning employment discrimination against gays and lesbians. Yet, to the author’s knowledge, there has been limited research regarding the response of Canadian labour organizations to the workplace needs of gay and lesbian members. Limitations of these previous studies include small sample size, lack of theoretical framework, and the absence of empirical testing of hypotheses. The present study builds on these works through the use of Craig’s model, the inclusion of multi-disciplinary research, and the empirical testing of data collected from more than 240 Canadian collective agreements. Key findings include that larger, public sector bargaining units with equality clauses in their collective agreements were most likely also to contain clauses that prohibited discrimination based on sexual orientation. The paper concludes with suggestions for future research.

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Wooden, Mark. "Individual Agreement-Awaking in Australian Workplaces: Incidence, Trends and Features." Journal of Industrial Relations 41, no. 3 (September 1999): 417–45. http://dx.doi.org/10.1177/002218569904100305.

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There is a growing body of evidence suggestive of the rising importance of individual employment arrangements. Prior to this study, however, relatively little data were available that enabled the quantification of trends in the use of individual contracts and agreements, let alone provided details about the types of firms that introduce individual agreements, the reasons why those firms introduce them, and the major features of such agreements. It is these questions that this article seeks to address. The main vehicle for achieving this is a data set collected as part of a survey of workplace managers conducted in September 1998.

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Gilliver-Smith, Michelle. "Australian Workplace Agreements: What are they and how do I get one?" Australian Veterinary Journal 81, no. 4 (April 2003): 176. http://dx.doi.org/10.1111/j.1751-0813.2003.tb11456.x.

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Van Barneveld, Kristin. "What's in Australian Workplace Agreements in the Hospitality Industry? A Content Analysis." Journal of Hospitality and Tourism Management 13, no. 2 (August 2006): 199–215. http://dx.doi.org/10.1375/jhtm.13.2.199.

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Sutherland, Carolyn. "Industrial Legislation in 2008." Journal of Industrial Relations 51, no. 3 (May 20, 2009): 297–311. http://dx.doi.org/10.1177/0022185609104299.

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In March 2008, the Rudd Government started to dismantle Work Choices. The Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 (Cth) reintroduced agreement-making safeguards, and removed the option of making Australian Workplace Agreements. The legislation also provided the legal framework for the creation of `modern awards', paving the way for the more far-reaching reforms that are outlined in the Fair Work Bill 2008 (Cth). The first section of the article examines these transitional measures. The second section briefly considers the key features of the Fair Work Bill, concluding that its content and relative simplicity are broadly consistent with the promises made by the Government in its pre-election Forward with Fairness policy. Finally, the article highlights some of the legislative developments at the State level in 2008.

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Pietrogiovanni, Vincenzo, and Andrea Iossa. "Workers’ representation and labour conflict at company level." European Labour Law Journal 8, no. 1 (March 2017): 45–66. http://dx.doi.org/10.1177/2031952517699107.

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This Article critically evaluates the recent trends in Italian industrial relations in order to highlight the clash between Italian constitutional principles and the autonomous development of self-regulation as for the relationship between representation, conflict and collective agreement. By conducting a comparative analysis with the Swedish model, the article argues that the constitutional principles of the Italian system of industrial relations conceive the collective agreement as a contingent element in the relationship between representation and conflict, whereas the Fiat case (2010) and the latest interconfederal agreements (2013 and 2014) place it at the centre of such a relationship. The Swedish model, instead, regards the collective agreement as a central mechanism through which the signatory trade union trades social peace with privileged rights of representation in the workplace. Through the prism of the Swedish model, the article suggests that Italian industrial relations are turning towards a restrictive system centred on the collective agreement, in which however the obligation of social peace is not exchanged with any strengthening of union representation in the workplace.

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Weller, Stephen, and Bernadine Van Gramberg. "Management of Workplace Change in the Australian Higher Education Sector: A study of employee involvement provisions in workplace agreements." Journal of Higher Education Policy and Management 29, no. 2 (July 2007): 173–86. http://dx.doi.org/10.1080/13600800701351751.

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Hemingway, Marie, and Mark Geoghegan. "Bullying in physics affects us all." Physics World 35, no. 2 (February 1, 2022): 17. http://dx.doi.org/10.1088/2058-7058/35/02/22.

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23

Alasoini, Tuomo, Timo Kauppinen, and Pekka Ylostalo. "Workplace Finland: New Forms of Bargaining and Participation." Economic and Labour Relations Review 5, no. 2 (December 1994): 62–83. http://dx.doi.org/10.1177/103530469400500206.

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The era of incomes policy agreements appears to have ended in Finland, with negotiations focused at sectoral and local levels, although this could change with a return to a Social Democratic-led Government. While representative systems of participation have not been abandoned, the authority of unions delegates at the workplace appears to have declined. There has also been a growth in direct forms of participation, initiated by management, and associated new forms of work organisation.

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Magliveras, Konstantinos D. "The Regulation of Workplace Sexual Harassment in Greece: Legislation and Case Law Analysis." International Journal of Comparative Labour Law and Industrial Relations 20, Issue 1 (March 1, 2004): 65–80. http://dx.doi.org/10.54648/ijcl2004004.

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Abstract: Unlike other European countries, Greece has still not adopted specific legislation addressing sexual harassment practices in the workplace. Empirical research has shown that workplace sexual harassment is endemic in Greece. On the one hand the article undertakes an examination of the relevant provisions in the Constitution, the Civil Code and the Criminal Code as well as the applicable provisions in collective employment agreements and, on the other hand, analyses the recent case law dealing specifically with workplace sexual harassment. It concludes that, despite the lack of specific legislation, the existing legal framework offers a reasonable measure of protection for the victims of sexual harassment.

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Fazekas, Zoltán. "Institutional effects on the presence of trade unions at the workplace: Moderation in a multilevel setting." European Journal of Industrial Relations 17, no. 2 (June 2011): 153–69. http://dx.doi.org/10.1177/0959680111400897.

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Previous research has found that the presence of a union at a workplace is an important individual-level determinant of union membership. The present article, drawing on a multilevel analysis of 21 European countries, provides further evidence which nuances the conclusions of previous studies by introducing and testing institutional moderation effects. Thus, in countries with Ghent systems, having a union at workplace is less important, since probability of membership is already very high. Conversely, if there are extension mechanisms for collective agreements there is less incentive to join a trade union, and this is not compensated even when there is an active union at the workplace.

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Castro, Javier. "Employment Arbitration Reform: Preserving the Right to Class Proceedings in Workplace Disputes." University of Michigan Journal of Law Reform, no. 48.1 (2014): 241. http://dx.doi.org/10.36646/mjlr.48.1.employment.

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The recent judicial enforcement of class waivers in arbitration agreements has generated ample debate over the exact reach of these decisions and their effects on the future of collective action for consumers and employees. In AT&T Mobility v. Concepcion, a 5-4 majority of the Supreme Court majority held that the Federal Arbitration Act (FAA) preempted state laws prohibiting companies from incorporating class action waivers into arbitration agreements. The Court upheld such waivers on the grounds that they are consistent with the language and underlying purpose of the FAA. Most courts across the country have since reinforced the strong federal policy favoring arbitration. This, in turn, has made it more difficult for employees—most of whom do not enjoy the benefit of union representation and must therefore arbitrate their claims as individuals—from engaging in class proceedings. Faced with this dire judicial landscape, employees must turn to Congress to limit the scope of compulsory arbitration and secure recognition of the right to class proceedings. This Note advocates for legislative reform of federal arbitration law. Specifically, it argues for an amendment to the FAA that invalidates class waivers in mandatory arbitration agreements and applies only in employment disputes. Such a reform would help preserve important employee protections under federal labor law and would allow nonunion workers, in particular, to fully exercise their fundamental right to collective action.

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Pistorius, Tania. "Monitoring, interception and Big Boss in the workplace: is the devil in the details?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 1 (June 26, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2009/v12i1a2718.

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This article discusses the opposing dynamics in the modern workplace environment, specifically employees’ expectations of e-privacy and employers’ interception and monitoring of electronic communications. In terms of the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 employees must take prior notice of or consent to the interception and monitoring of their e-communications. The article focuses on the extent to which click-wrap agreements and hypertext or XML links to e-workplace policies could meet these requirements.

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Pulignano, Valeria. "Workplace inequality, trade unions and the transnational regulation of the employment relationships." Employee Relations 39, no. 3 (April 3, 2017): 351–64. http://dx.doi.org/10.1108/er-07-2016-0144.

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Purpose The purpose of this paper is to report on research on the strategies of inequality at the workplace level of multinational corporations within the context characterized by the weakening of traditional bargaining and representation structures. Through which specific strategies multinational corporations foster inequality across different workplaces across borders and how do trade unions in Europe respond to it? Design/methodology/approach This paper is a conceptual one and it is based on existing qualitative comparative research developed by the author. Findings The regulatory regime of organized and governed labor markets and employment relationships is undermined by the employment relationships becoming increasingly unstable in most industrialized countries in Europe. The breakdown in the collective structures for employment regulation, particularly collective bargaining, has led to growing insecurity and inequality among working people. At the workplace level of multinationals inequality is fostered by strategies of flexibilization and benchmarking which force trade unions to negotiate concessions regarding the working conditions of different workers. Trade unions are seeking effective responses to increasing labor market instability and inequality. The paper argues that the transnational regulation of employment relationships through the European Framework Agreements (EFAs) can serve the purpose of constraining benchmarking, while containing workplace inequality. Originality/value This paper offers an in-depth view that the EFAs can constrain the multinationals’ strategies of benchmarking and workplace inequality. This is because EFAs can potentially spread across countries the positive gains of local negotiations where unions are able to negotiate on employment protection to other local subsidiaries where unions may struggle to do so.

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Cole, Graham. "Extending the careers of older workers: the role of individual working agreements." Human Resource Management International Digest 24, no. 6 (August 8, 2016): 24–26. http://dx.doi.org/10.1108/hrmid-06-2016-0083.

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Purpose This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies. Design/methodology/approach This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context. Findings An ageing population is a characteristic shared by many developed economies. One obvious consequence of this trend is an increase in the number of older workers. Age equals knowledge, skills and experience. So, given the value of these qualities in the workplace, firms should continue to utilize what such individuals have to offer. Insightful organizations realize this and have begun to devise certain human resource practices with their more senior employees in mind. But results have been inconsistent thus far. This suggests that a different strategy is required. It is normal for people's needs to change as they get older. With age comes heterogeneity. Now this should be noted within the workplace as well as outside of it. In the light of such knowledge, perhaps a more targeted approach could be of greater benefit to senior members of staff. Practical implications The paper provides strategic insights and practical thinking that have influenced some of the world's leading organizations. Originality/value The briefing saves busy executives and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.

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Whittall, Michael, Miguel Martínez Lucio, Stephen Mustchin, Volker Telljohann, and Fernando Rocha Sánchez. "Workplace trade union engagement with European Works Councils and transnational agreements: The case of Volkswagen Europe." European Journal of Industrial Relations 23, no. 4 (March 20, 2017): 397–414. http://dx.doi.org/10.1177/1721727x17699444.

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This article examines two transnational agreements signed by the Volkswagen European and Global Works Councils, considering their interlinked implementation within subsidiaries in Britain, Italy, Spain and Germany. We demonstrate differing stances and some uncertainty towards principles of co-management, social dialogue and codetermination. These agreements have improved local industrial relations and strengthened cross-national interaction between employee representatives, despite significant differences in orientation regarding how unions should engage with management. However, the emerging international framework has not led to a clear politics of incorporation, with local trade unions being well aware of the risks of co-management and a more business-oriented relationship.

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Du Preez, Helena, and Paul Smit. "The Role of International Framework Agreements in Transnational Labour Regulation." African Journal of Employee Relations (Formerly South African Journal of Labour Relations) 41 (January 19, 2018): 64–74. http://dx.doi.org/10.25159/2520-3223/3770.

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The regulation of labour in the workplace is never an easy task but it is even more complex and challenging if it has to take place across national borders in a globalised world. Globalisation and a transnational labour environment impact on the ability of the employer to regulate or manage a labour force that is based in different countries. The migration of workers across national borders, the existence of multinational companies and the demands of transnational labour relations present management with many challenges. This article is premised on the conviction that corporate social responsibility codes and other codes of conduct, due to their voluntary nature, are not enough to effectively manage and regulate labour in a transnational environment. The authors suggest that international framework agreements are a far more effective management tool for transnational labour regulation.

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Lurie, Lilach. "Occupational Welfare in Israel: A Study of Collective Agreements and Benefits." International Journal of Comparative Labour Law and Industrial Relations 36, Issue 3 (September 1, 2020): 281–313. http://dx.doi.org/10.54648/ijcl2020013.

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Welfare regimes differ in how they supply social benefits such as pensions, disability allowances, and unemployment funding. In several regimes, the social partners – employee unions and employers’ associations – provide social benefits for workers. These regimes promote occupational welfare. This article aims to study the advantages and limitations of occupational welfare through the case study of Israel – a country in which the social partners promote occupational welfare by means of collective agreements. It examines the ways collective agreements – directly and indirectly – advance occupational welfare in Israel. The research includes a quantitative study of all collective agreements concluded in Israel in the period 1957-2016 and a qualitative study of Israeli collective agreements at the national level. The study shows that although Israel’s social partners lost much of their power during this period, they are still able to promote occupational welfare, and that Israeli social partners promote innovative workplace policies through collective agreements. Several occupational welfare arrangements first introduced in collective agreements were later extended through legislation or extension orders to all Israeli workers. Without collective bargaining, important occupational welfare benefits might have not been introduced. However, state legislation was needed to fix the flaws of these arrangements, including enforcement problems and lack of coverage of the self-employed. Occupational Welfare, Social Welfare, Collective Agreements, Employee Unions, the Social Partners, Pension, Disability Benefits, Minimum Wage, Israel

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Cohen, Tamara. "Limiting Organisational Rights of Minority Unions: POPCRU v Ledwaba 2013 11 BLLR 1137 (LC)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 5 (April 10, 2017): 2227. http://dx.doi.org/10.17159/1727-3781/2014/v17i5a2162.

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The Labour Relations Act 66 of 1995 unequivocally promotes the policy choice of majoritarianism, in furtherance of orderly collective bargaining and the democratisation of the workplace. The majoritarian model aims to minimise the proliferation of trade unions in a single workplace and to encourage the system of a representative trade union.Section 18(1) of the Labour Relations Act enables majority unions to enter into collective agreements setting thresholds of representivity for the granting of access, stop-order and trade-union leave rights to minority unions. In furtherance of the majoritarian framework, collective agreements concluded between majority unions and employers can be extended to non-parties to the agreement in terms of section 23(1)(d) of the Labour Relations Act provided specified requirements are satisfied. In Police & Prisons Civil Rights Union v Ledwaba 2013 11 BLLR 1137 (LC) (POPCRU) the Labour Court was required to consider if the collective agreements concluded between the employer and the majority union could be relied upon to prohibit the minority union from securing organisational rights. In so doing, the Labour Court had to reconcile the fundamental principle of freedom of association and the right to fair labour practices (to organise and engage in unfettered collective bargaining) within the context of the majoritarian framework. The Labour Court in POPCRU held that the collective agreement concluded with the majority union must have preference over the organisational rights of minority unions, in keeping with the principle of collective bargaining hierarchy and the legislative framework. This case note argues that, while the finding of the labour court in POPCRU is correct on the facts and is in keeping with the principle of majoritarianism, the legislative model may no longer be suitable within the context of the current socio-economic and political landscape. Strike violence, loss of confidence in existing bargaining structures, and the alienation of vulnerable employees from majority unions has resulted in minority unions taking up the cudgels of frustrated and disempowered employees, as witnessed in the Marikana experience. The note suggests that in the light of the changing dynamics of the collective bargaining environment, it may be time to revisit the majoritarian model.

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Samuel, Peter. "Partnership consultation and employer domination in two British life and pensions firms." Work, Employment and Society 21, no. 3 (September 2007): 459–77. http://dx.doi.org/10.1177/0950017007080008.

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Partnership agreements between employers and trade unions usually establish joint consultation committees for union representatives and managers to discuss workplace issues. According to conventional wisdom dominant employers use consultation under the rubric of partnership to reduce union influence and effectiveness.This article tests this assumption through a longitudinal study of new joint consultation committees introduced as part of partnership agreements in two employer dominant British life and pensions firms. Ineffective consultation in one firm reflected a conflictual industrial relations climate and management seeking retrenchment. In the other firm effective consultation developed notwithstanding employer dominance due to a more cooperative industrial relations climate, a history of cooperative management-union relations and management motives for adaptation. The findings suggest that consultation under partnership agreements enables effective union influence in such circumstances.

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Milner, Susan, Hélène Demilly, and Sophie Pochic. "Bargained Equality: The Strengths and Weaknesses of Workplace Gender Equality Agreements and Plans in France." British Journal of Industrial Relations 57, no. 2 (October 9, 2018): 275–301. http://dx.doi.org/10.1111/bjir.12437.

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ÇETİNEL, Tunahan. "DISPUTES ARISING FROM LEASING AGREEMENTS IN TERMS OF INTERNAL (NATIONAL) ARBITRABILITY." Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi 26, no. 3 (July 31, 2022): 0. http://dx.doi.org/10.34246/ahbvuhfd.1094053.

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In Turkish Law, the tenants are considered as the weak party in the lease agreements regarding the residence and the roofed workplace. For this reason, there are opinions suggesting that disputes arising from such contracts are not arbitrable. In addition, it is stated that in case of such disputes in arbitration, violation of public order will come to the fore. It would not be wrong to argue that this idea is adopted in practice as well. However, considerations regarding substantive law, such as the protection of the weaker party, should not find application in procedural law. Because, in procedural law, the principle of procedural equality becomes operational as a requirement of the right to a fair trial. In addition, it can be stated that disputes arising from lease agreements are within the scope of objective arbitrability in accordance with HMK. However, when it is accepted that the disputes arising from such agreements are suitable for arbitration, it is possible to put forward some suggestions to eliminate the concerns that reveal the idea of protecting the weak party in terms of substantive law.

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Garrick, Jessica. "How Worker Centers Organize Low-Wage Workers: An Exploration of Targets and Strategies." Labor Studies Journal 46, no. 2 (January 27, 2021): 134–57. http://dx.doi.org/10.1177/0160449x21989429.

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In response to the growing absence of unions from the private sector, community-based organizations known as worker centers have emerged as a new front in protecting and organizing workers. Scholars generally argue that worker centers have converged on a model of combining service provision with organizing and advocacy, supported primarily by funding from foundations and government agencies. I draw on interviews conducted with worker center staff, a dataset compiled from their public materials, and secondary research to add to the existing literature and to argue that a clear categorization of worker centers can be derived by attention to their primary workplace strategies. First, worker centers can be meaningfully distinguished by whether they attempt to raise standards in specific industries versus responding to problems in individual workplaces. But they can also be distinguished based on the extent to which they view public policy or winning agreements with employers as the primary route to systemic improvements. These divergences in strategy echo Progressive-era debates about the role for the state in redressing workplace ills. Similar to that era, strategic differences among today’s worker centers are driven less by ideology and more by the distinct structural challenges facing workers in particular political and economic contexts.

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Catanzariti, Joseph, and Simon Brown. "Major Tribunal Decisions in 2009." Journal of Industrial Relations 52, no. 3 (June 2010): 289–303. http://dx.doi.org/10.1177/0022185610365628.

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The year 2009 has seen significant change in Australian industrial relations, in particular, the repeal of the Workplace Relations Act 1996 and its replacement with Labor’s Fair Work Act 2009. From 1 July 2009, a new industrial tribunal, Fair Work Australia, replaced the Australian Industrial Relations Commission. The decisions issued by Fair Work Australia (FWA) since 1 July 2009 have put the provisions of the Fair Work Act into practice and perspective. This article focuses on those decisions which have dealt with enterprise bargaining and the agreement-making process under the Fair Work Act. Those cases demonstrate that the new agreement-making process is procedurally complex, and that FWA lacks discretion to approve enterprise agreements notwithstanding some procedural irregularity. FWA’s lack of discretion in determining whether an enterprise agreement has been ‘genuinely agreed to’ is inconsistent with the discretion reposed in FWA in other matters, including in determining whether an applicant for a protected action ballot order has been ‘genuinely trying to reach an agreement’.

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Baird, Marian, Myra Hamilton, and Andreea Constantin. "Gender equality and paid parental leave in Australia: A decade of giant leaps or baby steps?" Journal of Industrial Relations 63, no. 4 (May 2, 2021): 546–67. http://dx.doi.org/10.1177/00221856211008219.

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The year 2020 marks the 10th anniversary of the Australian Paid Parental Leave Act 2010. Using Baird’s orientations typology and Brighouse and Wright’s equality framework, with evidence from the Workplace Agreements Database and the Workplace Gender Equality Agency, this article assesses changes in policy, bargaining and company provisions over the decade. We find that policy changes may enable more fathers and partners to take leave, although the period is short and barriers to uptake exist. In bargaining and company policy, we find modest growth in the proportion of agreements with paid primary and paid secondary carer leave provisions, but no movement in the duration of the leaves, with secondary carer leave much shorter. We conclude that although these changes suggest growing attention to improving women’s working conditions and fathers’ access to parental leave, short secondary carer leaves set normative standards of fathers as ‘supporters’ rather than recognising substantive involvement in care. Consequently, the changes do not promote gender-egalitarian sharing of parental leave. While the introduction of the government scheme was a ‘giant leap’, the 10 years since have seen modest ‘baby steps’ towards greater gender equality in the availability and potential use of paid parental leave.

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Oliver, Damian, and Kurt Walpole. "Subject to qualification: Weakening links between job roles and qualifications in Australian manufacturing enterprise agreements." Journal of Industrial Relations 60, no. 4 (May 15, 2018): 517–37. http://dx.doi.org/10.1177/0022185618771113.

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This article examines job classifications in enterprise agreements from the Australian manufacturing industry, focusing on the recognition of formal qualifications. It follows earlier research that found the strength and frequency of references to qualifications vary considerably between modern awards, with manufacturing industry awards having some of the strongest connections. A representative sample of 350 agreements (13.5% of the total) made under the Fair Work Act between 2010 and 2013 was analysed. Analysis revealed that linkages between formal qualifications and job classification structures are less common in enterprise agreements than in relevant modern awards. However, the overall effects of enterprise bargaining on recognition of employees' qualifications are complex. We find that, one way or another, the award classification structure continues to apply in 47.1% of enterprise agreements. Through logistic regression, we explore factors influencing the use of formal qualifications as part of job classifications, with a particular focus on whether this extends beyond the licensing requirements of tradespeople (Certificate III). Our finding that three factors – workplace size, award coverage and union coverage – significantly affect enterprise bargaining outcomes is likely to be generalisable beyond this study's focus on job classifications to many other important terms in enterprise agreements.

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Penney, Greg, Greg Smith, Simon Ridge, and Marcus Cattani. "A Review of the Standard of Care Owed to Australian Firefighters from a Safety Perspective—The Differences between Academic Theory and Legal Obligations." Fire 5, no. 3 (May 31, 2022): 73. http://dx.doi.org/10.3390/fire5030073.

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Working in high consequence yet low frequency, events Australian fire service Incident Controllers are required to make critical decisions with limited information in time-poor environments, whilst balancing competing priorities and pressures, to successfully solve dynamic large-scale disaster situations involving dozens of personnel within the Incident Management Team, including of front-line responders from multiple jurisdictions. They must also do this within the boundaries of public and political expectations, industrial agreements, and the legal requirement to maintain a safe workplace for all workers, inclusive of volunteers. In addition to these operational objectives, fire services must also provide realistic training to prepare frontline staff, whilst satisfying legislative requirements to provide a safe workplace under legislation that does not distinguish between emergency services and routine business contexts. In order to explore this challenge, in this article we review the different safety standards expected through industrial and legal lenses, and contextualize the results to the firefighting environment in Australia. Whilst an academic argument may be presented that firefighting is a reasonably unique workplace which exposes workers to a higher level of harm than many other workplaces, and that certain levels of firefighter injury and even fatality are acceptable, no exception or distinction is provided for the firefighting context within the relevant safety legislation. Until such time that fire services adopt the legal interpretations and applications and develop true safety management systems as opposed to relying on “dynamic risk assessment” as a defendable position, the ability of fire services and individual Incident Controllers to demonstrate they have managed risk as so far as reasonably practicable will remain ultimately problematic from a legal perspective.

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Brown, Garrett. "Why Nafta Failed and What's Needed to Protect Workers' Health and Safety in International Trade Treaties." NEW SOLUTIONS: A Journal of Environmental and Occupational Health Policy 15, no. 2 (August 2005): 153–80. http://dx.doi.org/10.2190/bkvt-2r4d-xhwf-4gdd.

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Labor standards, including occupational health and safety regulations and enforcement, are being subjected to intense downward pressures as a result of fundamental shifts in the global economy. The 1994 North American Free Trade Agreement (NAFTA) was the first trade treaty that attempted to promote and protect workplace health and safety through a “labor side agreement.” NAFTA failed to protect workers' health and safety due to the weaknesses of the side agreement's text; the political and diplomatic considerations limiting its implementation; and the failure to recognize and address the economic context, and political consequences of this context, in which the agreement was implemented. Subsequent trade treaties, both bilateral and regional, have not overcome the weaknesses of NAFTA. The treaty components needed to protect workers' health in future trade agreements are: 1) a minimum floor of occupational health and safety regulations; 2) an “upward harmonization” of regulatory standards and actual practice; 3) inclusion of employers so that they have formal responsibility and liability for violations of the standards; 4) effective enforcement of national regulations and international standards; 5) transparency and public participation; and 6) recognition of disparate economic conditions among trading partners and provision of financial and technical assistance to overcome economic disincentives and lack of resources. Also required are continued actions by non-governmental actors, including the workers themselves and civil society organizations.

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Mireles, Luis Ramon. "Occupational Safety and Health on the U.S.-Mexico Border." NEW SOLUTIONS: A Journal of Environmental and Occupational Health Policy 13, no. 1 (May 2003): 115–20. http://dx.doi.org/10.2190/5cdm-pmer-6jd9-952r.

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A number of trade agreements were adopted in the 1990s that promised economic growth for Mexico. The most significant was the North American Free Trade Agreement (NAFTA), which promotes open trade between Mexico, the United States, and Canada. Like WTO, NAFTA focuses on the economic aspects of trade. Occupational safety and health issues were not specifically addressed by NAFTA. Despite the presence of domestic regulatory systems, concerns over working conditions persist on both sides of the U.S.-Mexico border and the workforces face similar health problems. The upsurge in trade between the United States and Mexico must be accompanied by an international commitment to occupational safety and health in border areas. If government agencies cannot or will not intervene to reduce rates of workplace injuries and illnesses, civil coalitions must assume this role.

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Allen, Dominique, and Ingrid Landau. "Major court and tribunal decisions in Australia in 2017." Journal of Industrial Relations 60, no. 3 (April 20, 2018): 397–413. http://dx.doi.org/10.1177/0022185618759746.

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This annual survey of significant court and tribunal decisions in Australia in 2017 covers changes to the award safety net implemented through the 4-yearly review, including in relation to penalty rates and casual employment. It outlines developments in collective bargaining, focusing on agreement-making, protected industrial action, the good faith bargaining provisions and the rise in successful applications by employers for termination of agreements. A Queensland decision considering community pickets and the interaction between state peaceful assembly legislation and the Fair Work Act is also noted. Decisions on workplace discrimination show that the courts are still grappling with Fair Work Act provisions in this area, and taking divergent approaches. The survey also discusses a successful accessorial liability action taken by the Fair Work Ombudsman, which is significant for both internal and external business advisors.

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Timo, Nils. "Future directions for workplace bargaining and aged care under a post 2005 Howard government." Australian Health Review 29, no. 3 (2005): 274. http://dx.doi.org/10.1071/ah050274.

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ON THE 1ST OF JULY 2005, the Howard Government took control of both the House of Representatives and the Senate and substantial reform of the nation?s industrial relations framework is likely to proceed. In order to understand the implications of the proposed industrial relations (IR) reform agenda on aged care, it is necessary to briefly revisit the past. Historically, the ability of the Commonwealth Parliament to regulate industrial relations was construed in the context of Section 51 (xxxv) of the Australian Constitution Act 1900 (Cwlth) that enabled the Commonwealth to make laws concerning ?conciliation and arbitration and the prevention and settlement of industrial disputes extending beyond the limits of any one state?. Since 1904, the Commonwealth, with the states following shortly thereafter, established a regime of industrial tribunals responsible for third party independent conciliation and arbitration, overseeing a system of legally binding industrial awards covering wages and employment conditions. This system, in the words of one of its chief architects, Justice Higgins, ? . . . would substitute for the rude and barbarous processes of strike and lock-out?1 (page 2). By 1991, Australian wages policy gradually shifted from centralised arbitration, elevating workplace agreements to the status of government policy on both sides of politics.2 This process accelerated labour market deregulation, shifting industrial relations and human resource issues to the enterprise level.3 The shift towards workplace agreements post 1990?s was underpinned by a bold reinterpretation of Section 51 (xx) of the Constitution Act that enabled the Commonwealth to regulate the affairs of ?trading or financial corporations formed within the limits of the Commonwealth?, thus, by definition, including regulating employee relations of corporations. The use by the Commonwealth of these powers has extended the jurisdiction of the Australian Industrial Relations Commission (AIRC) to include the making and approving of certified agreements made by constitutional corporations or in settlement of an industrial dispute. Other types of employers such as sole traders, churches and charities, partnerships and unincorporated associations remained covered by state industrial jurisdictions. (On these powers of the Commonwealth, see State of

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Bruns, Benjamin. "Changes in Workplace Heterogeneity and How They Widen the Gender Wage Gap." American Economic Journal: Applied Economics 11, no. 2 (April 1, 2019): 74–113. http://dx.doi.org/10.1257/app.20160664.

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Using linked employer-employee data for West Germany, I investigate the role of growing wage differentials between firms in the slowdown of gender wage convergence since the 1990s. The results show that two factors are at play: first, high-wage firms experience higher wage growth and employ disproportionately more men, and second, male firm premiums grow faster than female premiums in the same firms. These developments were catalyzed by a decline of union coverage, coupled with more firm-specific wage setting in collective bargaining agreements. Taken together, these conditions prevented the gender gap from narrowing by approximately 15 percent between the 1990s and 2000s. (JEL J16, J51, J31, J71)

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Aeberhard-Hodges, Jane, and Ludo McFerran. "An International Labour Organization instrument on violence against women and men at work: The Australian influence." Journal of Industrial Relations 60, no. 2 (August 24, 2017): 246–65. http://dx.doi.org/10.1177/0022185617712751.

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Violence in and out of work, both domestic violence and sexual harassment, are violations of human rights and impact heavily in the workplace. All forms of violence result in a high cost for workers, employers and society in general, in lost time, injuries, complaints, staff turnover, loss of skills, and reputational risk. The International Labour Organization has decided to discuss in 2018 an international labour standard on this subject. In Australia, there has been wide recognition for some time of sexual harassment as a significant workplace issue. Now there are greater inroads toward recognizing and addressing the impact of other forms of gender-based violence in the world of work, hence the growing number of clauses in enterprise agreements and state awards aiming to mitigate the impact of domestic violence on workers, both women and men, and the movement to have clauses in modern awards that specify paid time off to allow a worker time to deal with the problem. Australian experience may help shape the proposed International Labour Organization instrument on workplace gendered violence.

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Dabscheck, Braham. "The Coalition's Plan to Regulate Industrial Relations." Economic and Labour Relations Review 4, no. 1 (June 1993): 1–26. http://dx.doi.org/10.1177/103530469300400101.

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In October 1992 the federal coalition released Jobsback, a statement of its industrial relations policies. The article situates Jobsback in the context of the evolution of the coalition's industrial relations policies since the Fraser years, outlines its major features, and provides a critique. Jobsback erects a new regulatory schema under a banner of deregulation. Three key elements are contained in Jobsback. They are tribunal avoidance and the use of the common law, legislatively imposed employment rules to ‘aid’ the transition from an award to a non-award system, and enterprise confinement. The article draws attention to the coalition's views concerning industrial conflict, constitutional issues, transitional problems associated with establishing legislatively imposed workplace rules, minima in workplace agreements, the Office of the Employee Advocate, equality before the law and good faith bargaining.

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Sass, Robert. "Workplace Health and Safety: Report from Canada." International Journal of Health Services 16, no. 4 (October 1986): 565–82. http://dx.doi.org/10.2190/p4n4-d0nm-m5cy-ylnj.

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This article represents a critical analysis of the major policy responses to workplace health and safety in Canada. It examines the deficiencies inherent in the legislative development of Joint Health and Safety Committees in most Canadian jurisdictions, the limitations regarding standard-setting of worker exposure to contaminants, and disincentive for employers to positively improve the workplace because of Workers Compensation legislation. Collective bargaining agreements in Canada have had only limited positive effects, while the ultimate legal sanction of criminal prosecution by the regulatory agencies has weakened enforcement and compliance of existing regulations. There has never been a successful criminal prosecution of an employer in Canada, even for multiple deaths. The article suggests the following four reasons for this “underdevelopment” of occupational health and safety in Canada: (1) the concealment of the dimension of the incidence of industrial disease based on Workers Compensation Board statistics; (2) the application of an incorrect theory of causation of both industrial disease and injury by both managers and government administrators of occupational health and safety programs; (3) the resistance of both senior and middle managers against increased worker participation in both work organization and job design questions; and (4) the general “moral underdevelopment,” rather than ignorance, of managers in favoring economic considerations or values at the expense of worker health and safety. In light of the magnitude of the problem and the deficiencies of existing policy approaches, the author proposes the need for greater workplace democratization of production and industry as a necessary and sufficient reform of workplace health and safety.

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Black, Cameron. "A Managerial Fast Break." History of the Present 12, no. 2 (October 1, 2022): 207–40. http://dx.doi.org/10.1215/21599785-9753131.

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Abstract In the mid- to late twentieth century, the field of professional sports underwent drastic cultural and economic change. No sports association was impacted as much as the National Basketball Association, which grew monumentally from 1975 to 1990. This article argues that the NBA’s growth stemmed from new collective bargaining agreements put in place during the 1980s to implement a workplace culture that fit within the broader conservative backlash during the decade. The NBA implemented punishments for drug-based and conduct-based offenses for its players and established a salary cap to regain control over players’ remuneration. This not only raised revenue but assimilated its growing population of African American players to traditional workplace norms that simultaneously attempted to counter racist stereotypes about their “natural” talents and legitimized ideas that Black players needed to be carefully managed.

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Journal articles on the topic 'Workplace agreements'

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