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Compulsory Arbitration
Compulsory arbitration is arbitration of labor disputes which laws of some communities force the two sides, labor and management, to undergo. These laws mostly apply when the possibility of a strike seriously affects the public interest. Some labor contracts make specific provisions for compulsory arbitration should the two sides fail to reach agreement through the regular system of collective bargaining. Compulsory arbitration in Australia The Australian Conciliation and Arbitration Act 1904 introduced the rule of law in industrial relations for Australia by establishing the Commonwealth Court of Conciliation and Arbitration. Since 1906 Australia has enforced a system of compulsory arbitration between employers and employees. This statutory system of arbitration, the Industrial Relations Court or Commission, and the Harvester court case underpin the Australian industrial relations system. This system has been amended since 1983. The former Liberal Party government, led by John ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration
Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitration award'. An arbitration award is legally binding on both sides and enforceable in local courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of Commercial law, commercial disputes, particularly in the context of International commerce, international commercial transactions. In certain countries, such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include Class action waiver, a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harvester Judgment
''Ex parte H.V. McKay'',''Ex parte H.V. McKay'(1907) 2 CAR 1 commonly referred to as the ''Harvester case'', is a landmark Australian labour law decision of the Commonwealth Court of Conciliation and Arbitration. The case arose under the ''Excise Tariff Act 1906''. which imposed an excise duty on goods manufactured in Australia, £6 in the case of a stripper harvester, however if a manufacturer paid "fair and reasonable" wages to its employees, it was excused from paying the excise duty. The Court therefore had to consider what was a "fair and reasonable" wage for the purpose of the act. H.B. Higgins declared that "fair and reasonable" wages for an unskilled male worker required a living wage that was sufficient for "a human being in a civilised community" to support a wife and three children in "frugal comfort", while a skilled worker should receive an additional margin for their skills, regardless of the employer's capacity to pay. While the High Court of Australia in 1908 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Labor Relations
Labour relations in practice is a subarea within human resource management, and the main components of it include collective bargaining, application and oversight of collective agreement obligations, and dispute resolution. Academically, employee relations, another related term, is considered a subarea of labour relations, and both taxonomically fall under the broader field of industrial relations. Labour relations is defined as "for or with whom one works and under what rules. These rules (implicit or explicit, written or unwritten) determine the type of work, type and amount of remuneration, working hours, degrees of physical and psychological strain, as well as the degree of freedom and autonomy associated with the work." Labour relations is also known as labour studies in liberal arts and is a multidisciplinary field that draws from economics, sociology, history, law, and political science. Scholars in this field examine labour unions and labour movements. In an interdiscipli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Labour Law
Labour laws (also spelled as labor laws), labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union. Individual labour law concerns employees' rights at work also through the contract for work. are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former US Employment Standards Administration) enforce labour law (legislature, regulatory, or judicial). History Following the unification of the List of cities of the ancient Near East, city-states in Assyria and Sumer by Sargon of Akkad into a Akkadian Empire, single empire ruled from his Akkad (city), home city circa 2334 BC, Ancient Mesopotamian units of measurement, common Mesopotamian standards for length, ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Industrial Arbitration
Industrial arbitration is a type of arbitration to prevent or settle labor disputes that may arise between an industrial employer and a organized labor, union, union member, or union representative to prevent legal action taking place and finding less costly ways to settle disputes. Taking an issue to court or a breakdown of negotiations can be dangerous for both management and labor, and as such parties are often willing to negotiate and plead their cases with a third party arbiter to come to fair decisions. Industrial arbitration refers to this process taking place in which labor and management will sit down and solve a dispute. This process often benefits the employer because it reduces the chances of a strike or legal action, and benefits the employee because it allows them more bargaining power and prevents mass layoffs in a dispute. However, at times the government has been known to step in regardless of arbitration clauses and force its own remedies. See also *Compulsory a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade Union
A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages and Employee benefits, benefits, improving Work (human activity), working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees (rules governing promotions, just-cause conditions for termination) and protecting and increasing the bargaining power of workers. Trade unions typically fund their head office and legal team functions through regularly imposed fees called ''union dues''. The union representatives in the workforce are usually made up of workplace volunteers who are often appointed by members through internal democratic elections. The trade union, through an elected leadership and bargaining committee, bargains with the employer on behalf of its members, known as t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
WorkChoices
WorkChoices was the name given to changes made to the federal industrial relations laws in Australia by the Howard government#Fourth term: 2004–2007, Howard government in 2005, being amendments to the ''Workplace Relations Act 1996'' by the ''Workplace Relations Amendment (Work Choices) Act 2005'', sometimes referred to as the ''Workplace Relations Amendment Act 2005'', that came into effect on 27 March 2006. In May 2005, Prime Minister of Australia, Prime Minister John Howard informed the Australian House of Representatives that the federal government intended to reform Australian industrial relations laws by introducing a unified national system. ''WorkChoices'' was ostensibly designed to improve employment levels and national economic performance by dispensing with unfair dismissal laws for companies under a certain size, removing the "no disadvantage test" which had sought to ensure workers were not left disadvantaged by changes in legislation, thereby promoting individual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Howard
John Winston Howard (born 26 July 1939) is an Australian former politician who served as the 25th prime minister of Australia from 1996 to 2007. He held office as leader of the Liberal Party of Australia. His eleven-year tenure as prime minister is the second-longest in Australian history, behind only Sir Robert Menzies. Howard has also been the oldest living Australian former prime minister since the death of Bob Hawke in May 2019. Howard was born in Sydney and studied law at the University of Sydney. He was a commercial lawyer before entering parliament. A former federal president of the Young Liberals, he first stood for office at the 1968 New South Wales state election, but lost narrowly. At the 1974 federal election, Howard was elected as a member of parliament (MP) for the division of Bennelong. He was promoted to cabinet in 1977, and later in the year replaced Phillip Lynch as treasurer of Australia, remaining in that position until the defeat of Malcolm Fraser ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liberal Party Of Australia
The Liberal Party of Australia (LP) is the prominent centre-right political party in Australia. It is considered one of the two major parties in Australian politics, the other being the Australian Labor Party (ALP). The Liberal Party was founded in 1944 as the successor to the United Australia Party. Historically the most electorally successful party in Australia's history, the Liberal Party is now in opposition at a federal level, although it presently holds government in the Northern Territory, Queensland and Tasmania at a sub-national level. The Liberal Party is the largest partner in a centre-right grouping known in Australian politics as the Coalition, accompanied by the regional-based National Party, which is typically focussed on issues pertinent to regional Australia. The Liberal Party last governed Australia, in coalition with the Nationals, between 2013 and 2022, forming the Abbott (2013–2015), Turnbull (2015–2018) and Morrison (2018–2022) governments ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Court Of Conciliation And Arbitration
The Commonwealth Court of Conciliation and Arbitration was an Australian court that operated from 1904 to 1956 with jurisdiction to hear and arbitrate interstate industrial disputes, and to make awards. It also had the judicial functions of interpreting and enforcing awards and hearing other criminal and civil cases relating to industrial relations law. The Court was declared invalid by the High Court of Australia in the '' Boilermakers' case'',. and was replaced by two bodies: the Commonwealth Conciliation and Arbitration Commission and the Commonwealth Industrial Court. History The Court was created in 1904 by the '' Commonwealth Conciliation and Arbitration Act 1904'',. an Act of the Parliament of Australia. The Court was initially less important than the various State industrial conciliation commissions, which had jurisdiction over all disputes which occurred within their respective states. The Court's workload was so low that it made only six awards in the first five y ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Labour (economics)
Labour economics seeks to understand the functioning and dynamics of the Market (economics), markets for wage labour. Labour (human activity), Labour is a commodity that is supplied by labourers, usually in exchange for a wage paid by demanding firms. Because these labourers exist as parts of a social, institutional, or political system, labour economics must also account for social, cultural and political variables. Labour markets or job markets function through the interaction of workers and employers. Labour economics looks at the suppliers of labour services (workers) and the demanders of labour services (employers), and attempts to understand the resulting pattern of wages, employment, and income. These patterns exist because each individual in the market is presumed to make rational choices based on the information that they know regarding wage, desire to provide labour, and desire for leisure. Labour markets are normally geographically bounded, but the rise of the internet ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conciliation And Arbitration Act 1904
The ''Commonwealth Conciliation and Arbitration Act 1904'' (Cth) was an Act of the Parliament of Australia, which established the Commonwealth Court of Conciliation and Arbitration, besides other things, and sought to introduce the rule of law in industrial relations in Australia. The Act received royal assent on 15 December 1904. The Act applied to industrial disputes “extending beyond the limits of any one State, including disputes in relation to employment upon State railways, or to employment in industries carried on by or under the control of the Commonwealth or a State or any public authority constituted under the Commonwealth or a State”. The Act was amended many times and was superseded by the ''Industrial Relations Act 1988'' and was repealed by the ''Industrial Relations (Consequential Provisions) Act 1988'' with effect on 1 March 1989. The ''Industrial Relations Act 1988'' was itself replaced by the '' Workplace Relations Act 1996''. Background Constituti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
