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Labour Movement In Australia
The Australian labour movement began in the early 19th century and since the late 19th century has included industrial (Australian unions) and political wings (Australian Labor Party). Trade unions in Australia may be organised (i.e., formed) on the basis of craft unionism, general unionism, or industrial unionism. Almost all unions in Australia are affiliated with the Australian Council of Trade Unions (ACTU), many of which have undergone a significant process of amalgamations, especially in the late 1980s and early 1990s. The leadership and membership of unions hold and have at other times held a wide range of political views, including communist, socialist and right-wing views. According to ABS figures, in August 2013, there were 1.7 million members of trade unions in relation to their main job (17% of all employees). A further 4% did not know whether they were trade union members or not, while 1% were trade union members not in conjunction with their main job. Of those who w ...
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Australian Council Of Trade Unions
The Australian Council of Trade Unions (ACTU), originally the Australasian Council of Trade Unions, is the largest peak body representing workers in Australia. It is a national trade union centre of 46 affiliated unions and eight trades and labour councils. The ACTU is a member of the International Trade Union Confederation. The President of the ACTU is Michele O'Neil, who was elected on 28 July 2018. The current Secretary is Sally McManus. Objectives The objectives of the ACTU, found in its constitution, are: * the socialisation of industry, * the organisation of wage and salary earners in the Australian workforce (within the trade union movement), * the utilisation of Australian resources to maintain full employment, establish equitable living standards which increase in line with output, and create opportunities for the development of talent. Organisation The ACTU holds a biennial congress that is attended by approximately 800 delegates from affiliated organisations. Betwe ...
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Kanaka (Pacific Island Worker)
Kanakas were workers (a mix of voluntary and involuntary) from various Pacific Islands employed in British colonies, such as British Columbia (Canada), Fiji, Solomon Islands, Vanuatu, Papua New Guinea and Queensland (Australia) in the 19th and early 20th centuries. They also worked in California (USA) and Chile (see Easter Island and Rapanui people as related subjects). "Kanaka" originally referred only to native Hawaiians, from their own name for themselves, ''kānaka ʻōiwi'' or ''kānaka maoli'', in the Hawaiian language. In the Americas in particular, native Hawaiians were the majority; but Kanakas in Australia were almost entirely Melanesian. In Australian English "kanaka" is now avoided outside of its historical context, as it has been used as an offensive term. Australia According to the ''Macquarie Dictionary'', the word "kanaka", which was once widely used in Australia, is now regarded in Australian English as an offensive term for a Pacific Islander.''Macquarie ...
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Bushrangers Act
Bushrangers were originally escaped convicts in the early years of the British settlement of Australia who used the bush as a refuge to hide from the authorities. By the 1820s, the term had evolved to refer to those who took up "robbery under arms" as a way of life, using the bush as their base. Bushranging thrived during the gold rush years of the 1850s and 1860s when the likes of Ben Hall, Bluecap, and Captain Thunderbolt roamed the country districts of New South Wales. These " Wild Colonial Boys", mostly Australian-born sons of convicts, were roughly analogous to British "highwaymen" and outlaws of the American Old West, and their crimes typically included robbing small-town banks and coach services. In certain cases, such as that of Dan Morgan, the Clarke brothers, and Australia's best-known bushranger, Ned Kelly, numerous policemen were murdered. The number of bushrangers declined due to better policing and improvements in rail transport and communication technology, suc ...
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Masters And Servants Act (1902) N
Master and Servant Acts or Masters and Servants Acts were laws designed to regulate relations between employers and employees during the 18th and 19th centuries. An 1823 United Kingdom Act described its purpose as "the better regulations of servants, labourers and work people". This particular Act greatly influenced industrial relations and employment law in the United States, Australia (an 1845 Act), Canada (1847), New Zealand (1856) and South Africa (1856). These Acts are generally regarded as heavily biased towards employers, designed to discipline employees and repress the "combination" of workers in trade unions. The law required the obedience and loyalty from servants to their contracted employer, with infringements of the contract punishable before a court of law, often with a jail sentence of hard labour. It was used against workers organising for better conditions from its inception until well after the first United Kingdom Trade Union Act 1871 was implemented, which sec ...
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Trade Union
A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits (such as holiday, health care, and retirement), improving working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees (rules governing promotions, just-cause conditions for termination) and protecting the integrity of their trade through the increased bargaining power wielded by solidarity among workers. Trade unions typically fund their head office and legal team functions through regularly imposed fees called ''union dues''. The delegate staff of the trade union representation in the workforce are usually made up of workplace volunteers who are often appointed by members in democratic elections. The trade union, through an elected leadership and bargaining committee, ...
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Organizing Model
The organizing model, as the term refers to trade unions (and sometimes other social-movement organizations), is a broad conception of how those organizations should recruit, operate, and advance the interests of their members, though the specific functions of the model are more detailed and are discussed at length below. It typically involves many full-time organizers, who work by building up confidence and strong networks and leaders within the workforce, and by confrontational campaigns involving large numbers of union members. The organizing model is strongly linked to social movement unionism and community unionism. The organizing model contributes to the discussion of how trade unions can reverse the trend of declining membership, which they are experiencing in most industrial nations, and how they can recapture some of the political power, which the labor movement has lost over the past century. The organizing model is frequently compared and contrasted with other methods of ...
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Craft Unionism
Craft unionism refers to a model of trade unionism in which workers are organised based on the particular craft or trade in which they work. It contrasts with industrial unionism, in which all workers in the same industry are organized into the same union, regardless of differences in skill. Under this approach, each union is organized according to the craft, or specific work function, of its members. For example, in the building trades, all carpenters belong to the carpenters' union, the plasterers join the plasterers' union, and the painters belong to the painters' union. Each craft union has its own administration, its own policies, its own collective bargaining agreements and its own union halls. The primary goal of craft unionism is the betterment of the members of the particular group and the reservation of job opportunities to members of the union and those workers allowed to seek work through the union's hiring hall. Origins The first unions established in Russia in the e ...
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Employers And Workmen Act 1875
The Employers and Workmen Act 1875 (38 & 39 Vict c 90)Irish Statute BookEmployers and Workmen Act, 1875 accessed 16 January 2018 was an Act of the Parliament of the United Kingdom, enacted during Benjamin Disraeli's second administration. The Act extended to Ireland, which at that time was part of the United Kingdom. This Act was repealed for Great Britain by the Statute Law (Repeals) Act 1973. Background The Act purported to place both sides of industry in equal footing allowing all breaches of contract to be covered by civil law. Prior to the Act, employers were subjected to civil law which could result in a fine while employees could be subjected to criminal law which may have led to a fine and imprisonment. Disraeli proudly commented, "We have settled the long and vexatious contest between capital and labour" and hoped this would "gain and retain for the Conservatives the lasting affection of the working classes". Content Section 3(3) was interpreted by the Courts to allo ...
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Conspiracy, And Protection Of Property Act 1875
The Conspiracy and Protection of Property Act 1875 (38 & 39 Vict c 86) is an Act of the Parliament of the United Kingdom relating to labour relations, which together with the Employers and Workmen Act 1875, fully decriminalised the work of trade unions. Based on an extension of the conclusions of the Cockburn Commission, it was introduced by a Conservative government under Benjamin Disraeli.Review of Governments, Labour, and the law in mid-Victorian Britain: the trade union legislation of the 1870s
, Mark Curthoys
The Act held that a trade union could not be prosecuted for act which would be legal if conducted by an individual. This meant that labour disputes were civil matters, not for consideration by
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Trade Union Act 1871
The Trade Union Act 1871 (34 & 35 Vicc 31 was an Act of the Parliament of the United Kingdom which legalised trade unions for the first time in the United Kingdom. This was one of the founding pieces of legislation in UK labour law, though it has today been superseded by the Trade Union and Labour Relations (Consolidation) Act 1992. Background The Conservative Prime Minister, the Earl of Derby, set up a Royal Commission on Trade Unions in 1867. One worker representative was on the commission, Frederic Harrison, who prepared union witnesses. Robert Applegarth from the Amalgamated Society of Carpenters and Joiners was a union observer of the proceedings. The majority report of the Commission was hostile to the idea of decriminalising trade unions. Frederic Harrison, Thomas Hughes and the Earl of Lichfield produced their own minority report, recommending the following changes in the law: * Combinations of workers should not be liable for conspiracy unless it would be criminal if c ...
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Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. It is important to bear in mind that contract law is not the same from country to country. Each country has its own independent, freestanding law of contract. Therefore, it makes sense ...
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