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Collective Bargaining under the Fair Work Act

Collective Bargaining under the Fair Work Act

Author: Shae McCrystal; Breen Creighton; Anthony Forsyth
Publisher: The Federation Press
ISBN: 9781760021849
Published In: August 2018
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Is the system of collective bargaining under the Fair Work Act broken? Both employers and unions think that it is, and that the legislation requires significant amendment. Are they right?

This collection answers this question by examining the operation, effects and impact of the framework for enterprise bargaining established by the Fair Work Act 2009 (Cth) nine years after it was enacted. This legislation, introduced by the Rudd Labor Government, was ostensibly intended to restore a collectivist focus to the system of industrial regulation following the Howard Coalition Government’s ‘Work Choices’ experiment. The ‘Fair Work’ model is now sufficiently mature to permit an informed examination of its practical operation, including its response to continuing rapid social, economic, structural and labour market change, and an evaluation of how it can and should respond to these changes in the future.

Comprising contributions from leading Australian scholars in the fields of law and industrial relations, and critical reflections on the operation of the Australian model from North American and United Kingdom contributors, this collection provides that evaluation, exploring the critical successes and failures of the Fair Work Act and setting out directions for future change.

Evaluating the Australian Experiment in Enterprise Bargaining

Breen Creighton, Anthony Forsyth and Shae McCrystal

Getting to the Bargaining Table: Coercive, Facilitated and Pre-Commitment Bargaining

Breen Creighton

Has the Australian Model Resisted United States-Style Anti-Union Organising Campaigns? Case Studies of the Cochlear and ResMed Bargaining Disputes

Anthony Forsyth and Bradon Ellem

The Role of Trade Unions and Individual Bargaining Representatives: Who Pays for the Work of Bargaining?

Rosalind Read

Bargaining, Cooperation and ‘New Approaches’ under the Fair Work Act

Mark Bray, Andrew Stewart and Johanna Macneil

Deadlocked Bargaining Disputes: Industrial Action, Agreement Termination and Access to Arbitration

Shae McCrystal