Saturday, June 1, 2019
A critical review of the major opposing views on arbitration & industri
This paper will critically review the major opposing perspectives on arbitration and industrial relations, with particular attention to how political relation regulation and intervention relate to the changes made to the system after 1996. The major focus of this brief paper will be to demonstrate that Howards industrial relations policies resemble those of the late 1800s, where the Master and Servant Acts regulated the relationships between employer and employee. These were replaced with the introduction of the Commonwealth Court of Conciliation and Arbitration (1904-1921). The ending from such dramatic change in industrial relations was the forming of unions and major strikes. Subsequently, the new system of employer and employee relations sought to resolve labour disputes and enhance the fictional character of life for Australian workers. Moreoer it was steeped in social democratic ideals and worked to give every Australian a decent standard of living. These ideals have yet sh ifted thorn to the individual contract model where the market predetermines wages and working conditions.      During pre-federation when free labour came to dominate the colonies workers exercised their civil citizenship rights through entry into individual employment contracts. The insure and servant laws which empowered these individual contracts were imported from Britain and were quickly implemented and regulated in the Colonies. Isaac argues that the traverse and servant acts both in concept and practice reflected the sharp penal code used against the convicts. However, the latter part of the 1800s brought with it the rising political influence of the working classes and an increasingly powerful trade union. The modification of the master and servant laws through the collectivisation of union groups resulted in a greater role fir state interventions.     The 1890s saw the emergence of many disputes over working conditions and the po wer employers had over employees, which was legitimised by law. Australian workers were illustrating this through strikes and the formation of unions. In recognising the duty of government to be the protection and economic welfare of its citizens, a court of Conciliation and Arbitration was established in Australia in the 1890s. The new systems were based in social democratic ideals and worked to give ever... ...ts to replace the idea of "industrial relations" with that of "employee relations" reflect efforts to draw attention away from institutions like tribunals and unions, towards individuals and their direct relationships.BibliographyBolton, G., (1990) The Oxford History of Australia, vol.5, 1942-1988 The Middle Way, Oxford University Press, Melbourne.Isaac, J., (1998) Australian Labour Market Issues An Historical Perspective, journal of industrial Relations, vol. 40, no. 4, pp. 690-15MacIntyre, P.G., (1985) A Fair Wage in Winners and Losers The Pursuit of Socia l Justice in Australian History, Allen and Unwin SydneyMcCallum, R., (1996) The New Millennium and The Higgins Heritage Industrial Relations in the 21st Century, Journal of Industrial Relations, vol. 38, no. 2, pp.294-312.Parkin, A., Summers, J., & Woodward, D., (1980) Government, Politics and Power in Australia an Introductory Reader, Melbourne, Victoria. Longman Cheshire, pp. 372-74Schmitthoff, C. (1990) Export Trade The Law and confide of International Trade 9th Edition. London Sweet & MaxwellSolomon, D., (1999) End of the Era of Arbitration, Courier Mail 27th March.
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