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Controlling Conflict in Australia “Conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any state” (Commonwealth of Australia Constitution Act 1900 (Imp) ). During the drafting of the constitution this quote was written in. I believe Australia has shaped continuously developing system to help arbitrate and control conflict between employers and employees. For the following essay I will provide a brief history on Australia’s employment relations, factors that lead to the development of the system, an overview of conflict and the factors I believe that have attempted to controlling the conflict within the industry but has no yet been successful. Australia’s formal employment relations …show more content…
Both the unions and employers applauded this new act, the Excise Tariff Act 1906. The next year Justice Higgins ruled on the Harvester Judgment (Ex Parte HV McKay, (1907) Commonwealth Arbitration Reports, vol. 2, p.1+)(Australian Industrial Relations Commission 2006, p.3). This case helped define fair and reasonable as a wage the employee and his family could live on, ‘a living wage’. In 1973 the Labor Government reduced the policies that provided the tariff protection of Australia’s earlier years. This was an attempt to open up the Australian economy internationally. This resulted in an emphasis on increases in productivity, improvements in work performance, and workplace restructuring (ABS, …show more content…
The strike ended when the Shearers ' Union money ran out and they agree on a dispute settlement procedure (Australian Trade Union, 2010). This strike was an example of both collective conflict, actions taken by a number of people, and overt, conflict that is open and easy to perceive (Bray, Waring, Cooper, & Macneil 2014, p.366). Overt conflict can also involve lockouts, sit-ins, boycotts and picketing. Another famous overt case is the 1998 waterfront dispute. Patrick Corporation sacked and locked out employees that were members of the Maritime Union of Australia due to productivity issues. The lock out lasted fourteen days and the courts stepped in to assist in the matter (The Socialist Party, 2008). Conflict can also be covert, which is a type of conflict hidden or suppressed. An example of this is the case of sabotage in a Detroit automobile factory where the employees misassembled and omitted parts to produce a high number of reject engines (Watson 1971, p.79). Covert conflict can also include employee turnover, absenteeism, or poor performance. Australia’s employment relations system is a complex and ever changing system, which with each political leadership style changes and with it how it reacts to conflict. When the system was formally introduced the Commonwealth Court of Conciliation and Arbitration
This strike was a battle over several issues. One factor that escalated the strike intensity was the pensions battle. Billons of dollars in pensions were on the line. The Teamste...
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
against their employers, employees were able to go on strike and prove a point. Some
Walmart can be studied using structure functional theory and social conflict theories. Social functional theory is the relationships among parts of society and how these parts are functional(have beneficial consequences) or dysfunctional (have negative consequences. Most Americans today love to shop at Walmart because they continue to give consumers the best prices on over 120,000 products and are one stop shopping.
" While 8 hour day strike movement was generally peaceful, there was some acts of violence that set the labor movement back. The McCormick Harvester Company in Chicago learned ahead of time of a planned strike and so locked out all its employees who held union cards. Because of this fights broke out and police opened fire on the union members killing four of them. A public rally to protest these killings at Haymarket Square drew a large crowd. When a bomb went off, killing seven police officers and wounding fifty more, the police began to fire into the crowd and several more people were killed and about two-hundred wounded.
Sloane. A. A., Witney, F. (2010). LABOR RELATIONS (13th editions). Prentice Hall. Upper Saddle River, NJ
The purpose of this paper is to analyze a specific, hypothetical employment situation encountered and to include the information regarding employment conflicts, questions, grievances, lawsuits, etc., in terms of how the situation was handled or resolved. Employment conflicts are a constant issue everyday in any organization; it is how you handle them both legally and professionally that counts.
Modern awards under Part 2-3 of the Fair Work Act 2009 (Cth) (FW Act) form the foundation of employment terms and conditions in Australia’s contemporary federal industrial relations system and are defined at a national or industry-specific level. Part 2-4 of the FW Act builds on this national system of awards by regulating enterprise agreements made between national employers and national system employees. These agreements make it possible for an employer to tailor the needs specific to his/her employees by privately negotiating with employees on terms and conditions of employment that are not covered by an award or statute. Traditionally, the national award scheme along with centralized collective bargaining was the standard process for negotiating
An arbitrator’s function is usually to interpret the collective bargaining agreement between the parties, not to apply his or her standards of what is right in a given situation. The courts have sought to compel labour and management to a peaceful resolution of grievances through arbitration. The Supreme Court has given support to the arbitration process in a series of decisions, and judicial deferral to arbitration has become a basic tenet of national labour policy. Bibliography Byars, L. L. (1997). The.
Morrow Bernardi (1999) Resolving Workplace Disputes. Source: Canadian Manager, Spring99, Vol. 24 Issue 1, p17, 4p. Available: www.wls.lib.ny.us/databases/ebsco.com 06/10/99
In particular public sector grievances are generally not settled at the first step but tend to be settled at the second and third step unlike the private sector (Holley, Jennings, & Wolters, 2012). In private sector labor relations, the right to strike is considered a fundamental bargaining tool in aiding the union to gain leverage for management to break to their demands. In the public sector, in most states strikes are illegal (Holley, Jennings, & Wolters, 2012). In addition prohibit employees from striking when their demands are rejected. Employee recourse is solely through the political process where their demands for higher pay are pitted against the voters ' resistance to increased taxes (Summers, C. 2003). Although private and public sector employees may be disciplined or discharged for events that have happened off duty. To further explain both private and public sector employees retain the right to conduct their private lives the way see they fit and an employer can only discipline employees if there is a nexus between the off duty conduct and the employment. Therefore, public employees are generally under heightened scrutiny for reasons for being in the public eye as being trusted by the public for services such as teacher, fire fighter, police officer, or postal
Gies, T. P., & Bagley, A. W. (2013). Mandatory arbitration of employment disputes: What's new and what's next?. Employee Relations Law Journal, 39(3), 22-33.
Managers have a degree of choice in how they deal with their employees. (Purcell, 1987) Some may see them as a commodity while others may see them as an important and valuable resource needing to be developed. (Purcell, 1987) Managerial prerogative is defined by Bray, Waring and Cooper (2011: pg 332) as “those areas of decision-making within an organization over which managers claim to have an unfettered right to decide as they see fit.” It is important to define managerial prerogative so that we can establish whether the legislation has increased or diminished it. Defining managerial prerogative is also important as we look at the different managerial styles and strategies and observe if they play any role in increasing or minimizing managerial prerogative. Managers will always have some degree of control over their employees because most of the day to day tasks in the workplace such as rules and procedures of the workplace, tasks, and which employee performs which tasks are decisions made by the manager without consultation with employees and unions. (Bray, Waring and Cooper, 2011) The laws and regulations surrounding managerial prerogative have only seemed to rule in favour of employers being the sole decision makers in an organisation and decrease the amount of bargaining power unions and employees have towards pay and conditions. (Bray and Waring, 2006)
Traditional literature in the field of labor relations has focused immensely on its benefit towards the employer and in the process equating it to working rules. This has been so despite the field being expected to cover the process of, labor management, union formation, and collective bargain; all which are anticipated to create a positive employer-employee relationship. This relationship is said to be positive if there exist a balance between employment functions and the rights of the laborer. Also important to note, is that this relation is equally important to the public sector as it is to the private one. Therefore, to ensure a mutually conducive labor environment exists, effective labor management process and inclusive negotiation program should be adopted (Mulve 2006; Walton, 2008).
Industrial Relations is a multidisciplinary field dealing with the study of employment relationship in union and non-union organizations. There have been various theories of industrial relations in place, but the first and most influential theory was put forward by John Thomas Dunlop. Dunlop, as a labor economist, remodelled the work of sociologists and developed a framework of industrial relations system. He developed the System’s Theory which stressed on the interrelationship of institutions and behaviors that enables one to understand and explain industrial relation rules.