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IR Laws unnecessary or indispensible

Extracts from this document...

Introduction

IR Laws - unnecessary or indispensible? I INTRODUCTION 'You are never strong enough that you don't need help.'1 The relationship between workers and those needing labor services is one of the most important relationships in society,2 which serves not only an economic function but also a social one as well.3 Prior to federation that relationship was largely unregulated, with 'piecemeal' legislation enacted to control workers, and to secure wealthy business interests. 4 Wages and working conditions were almost exclusively negotiated at common law through either individual or collective representation; the work relationship was viewed almost exclusively in economic terms.5 The nature and understanding of that relationship has evolved substantially since those earlier times,6 into one that is now regulated by the State through legislation.7 But an argument still persists...that sufficient protection for parties exists at common law, and that regulation unduly interferes with the freedom of individual choice to contract.8 This paper will examine whether workplace laws should be deregulated, and if so, why. II HISTORICAL REFLECTION ~ WHERE DID WE COME FROM AND WHY ARE WE HERE? 'If there is to be peace in our industrial life let the employer recognize his obligation to his employees - at least to the degree set forth in existing statutes.'9 An appropriate starting point in this analysis lies in the historical origins and motivations for workplace laws;10 rights that our forebears experienced extreme hardship and adversity in securing.11 In this context, the 19th Century was a crucial period in the history of workplace relations, because it represented a revolutionary change in the relationship between workers and employers traditionally founded on a feudal master/servant relationship.12 Increasingly workers challenged the inequality and poor working conditions associated with this traditional, subservient relationship,13 with Australian workers not only having to overcome the feudal perceptions of employment, but also that of a convict worker mindset omnipresent in a new nation transitioning from a convict labor force to that of a free labor force.14 In the absence of any other accessible ...read more.

Middle

Ashgate Publishing. Moss, Jim, Sound of trumpets: history of the labour movement in South Australia (1985) Stock Journal Publishers, South Australia. Owens, Rosemary & Riley, Joellen, The Law of Work (2009) Oxford University Press, Sydney, Australia. Paterson, Jeannie, Robertson, Andrew & Heffey, Peter, Contract: Cases and Materials (2005) LawBook Co, Sydney. Paterson, Jeannie, Robertson, Andrew & Heffey, Peter, Principles of Contract Law (2nd ed, 2005) LawBook Co, Sydney. Portus, JH, Australian Compulsory Arbitration 1900-1970 (1971) Hicks Smith & Sons, Sydney. Svensen, Stuart, Shearers' War: The Story of the 1891 Shearers Strike (1989) University of Queensland Press. Teeven, Kevin, A History of the Anglo-American Common Law of Contract (1990) Greenwood Publishing Group, USA. Trainor, Luke, British Imperialism and Australian Nationalism (1994) Cambridge University Press, Melbourne. Welborn, Ralph & Kasten, Vince, The Jericho Principle: How Companies Use Strategic Collaboration To Find New Sources of Value (2003) Wiley Publishing, USA. 2. Cases. Davies v General Transport Development Pty Ltd [1976] AR (NSW) 371. Exparte HV McKay (1907) 2 CAR 1. 3. Legislation Factories and Shops Act 1885 (Vic) Fair Work Act 2009 (Cth) Fair Work Regulation 2009 (Cth) Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Shops and Factories Act 1873 (Vic) Trade Union Act 1881 (NSW) Workplace Relations Act 1996 (Cth) Workplace Relations Regulations 2006 (Cth). 4. Other Sources 'Arrival of Troops at Barcaldine', The Argus (Melbourne), 2 April 1891. Australian Trade Union Archives (ATUA), Timeline (2009) http://www.atua.org.au/atua_timeline.htm at 28 March 2010 Fair Work Ombudsman, Fact Sheets (2010) http://www.fairwork.gov.au/Fact-sheets-tools/Pages/default.aspx?role=employees at 28 March 2010. International Labour Organisation (ILO), International Labour Law (2009) http://actrav.itcilo.org/actrav-english/telearn/global/ilo/law/lablaw.htm at 28 March 2010. O'Lincoln, Tom, 'Our Infant Might: Working class struggle before the gold rushes' (1996) Reconstruction 7 http://www.anu.edu.au/polsci/marx/interventions/unions.htm at 28 March 2010. Parliament of Australia - Senate, Historical Perspective Industrial Relations In Australia (2009) http://www.aph.gov.au/Senate/committee/economics_ctte/completed_inquiries/1996-99/workplace/report/e04.htm .at 28 March 2010. The Bushwackers, The Ballad of 1891 (1981) EMI Records. University of Melbourne - Department of History, Shops and Factories Act 1896 (2010) http://www.emelbourne.net.au/biogs/EM01370b.htm, at 28 March 2010. 1 Cesar Chavez (1927-1993). ...read more.

Conclusion

56 Bird, above n 23,127-9, Riley, above n 51, 561-2, Howe, above n 49, 307-321, Moss, above n 12, 129-180, Mary Crock & Leah Friedman, 'Immigration Control and the Shaping of Australias' Labour Market, in Christopher Arup, Peter Gahan, John Howe, Richard Johnstone, Richard Mitchell & Anthony O'Donnell (eds), Labour Law and Labour Market Regulation (2007) 342-343. 57 Crock, above n 56, 324 & 343, Donaldson, above n 55, 121, 164, Owens, above n 2, 170-3, David Corten, When Corporations Rule the World (2001) 221-229. 58 Crock, above n 56, 324 & 343, Owens, above n 2, 170-3, Donaldson, above n 55, 121, 164, Corten, above n 57, 221-229. 59 Donaldson, above n 55, 121, 164, Owens, above n 2, 170-3, Corten, above n 57, 221-229. 60 Donaldson, above n 55, 121, 164, Owens, above n 2, 170-3, Corten, above n 57, 65, 168, 221-229. 61 Donaldson, above n 55, 121, 164, Owens, above n 2, 170-3, Corten, above n 57, 65, 168, 221-229. 62 Forsyth, above n 8, 145-6, Fair Work Act 2009 (Cth) Ch 2 & 3, Fair Work Ombudsman, Fact Sheets (2010) http://www.fairwork.gov.au/Fact-sheets-tools/Pages/default.aspx?role=employees at 28 March 2010. 63 Fair Work Act 2009 (Cth) Ch 5, Fair Work Ombudsman, Fact Sheets (2010) http://www.fairwork.gov.au/Fact-sheets-tools/Pages/default.aspx?role=employees at 28 March 2010. 64 Noam Chomsky, Profit Over People: Neoliberalism and Global Order (1999) 132 65 Moss, above n 12, 129-180, Mitchell, above n 31, 3-18, Portus, above n 4, 110-114. 66 Owens, above n 2, 3, 36-43, Paterson, above n 5, 17-19, 24-26, Portus, above n 4, 110-114, Lee, above n 27, 69-85, Howe, above n 49, 307-321. 67 Moss, above n 12, 129-180, Paterson, above n 5, 17-19, 24-26, Lee, above n 27, 69-85, Portus, above n 4, 110-114, Riley, above n 51, 561-2, Owens, above n 2, 185-195. 68 Crock, above n 56, 324 & 343. 69 Owens, above n 2, 3, 36-43, Paterson, above n 5, 17-19, 24-26, Portus, above n 4, 110-114, Lee, above n 27, 69-85, Howe, above n 49, 307-321. 70 ILO, above n 32, Owens, above n 2, 185. ?? ?? ?? ?? ...read more.

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