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This chapter will enable readers to understand the:
role of the International Labor Organization (ILO)
debates surrounding the application of ILO core labour standards and the link between international trade and labour rights
distinction between codes of conduct and international framework agreements
difference between ‘soft’ and ‘hard’ law approaches to global regulation
possible solutions to the problem of enforcement of core labour standards.
Introduction
In Chapter 3, the decline of unions was explored in the context of structural changes to the economy – such as the shift to services and neo-liberal policies of labour market deregulation. Reference was also made to union strategies, which are employed at both the local and international levels in order to gain new members and protect workers’ rights. Besides union strategies at an international level, there are a number of ways in which international labour standards have developed and become increasingly relevant in recent years.
This chapter will enable readers to understand the:
manner in which market-driven cost-cutting policies have played out in public hospitals, through a case study of one Australian state (Victoria)
process of work intensification in nursing and the its intersection with a range of management tools and measures developed for hospitals
temporary nature of the successes of the nursing union in campaigning for improved staffing and better health care under a Labor government
ways in which measures of performance can be manipulated to suggest improved performance of public hospitals
consequences of work intensification in terms of the experience of employees and the implications for their health and well-being.
Introduction
This chapter examines the impact of an Australian state government (Victoria) applying an aggressive, neo-liberal reform agenda on the delivery of public sector hospital care and on nursing staff in particular. These changes were set in the context of a response to increasing labour costs and also disproportionately higher non-labour costs due to new pharmaceuticals, new diagnostic equipment and technology (White & Bray 2005: Congressional Budget Office 2008). However, the response of the Kennett Liberal-National Coalition government in Victoria to these cost pressures was to introduce more radical neo-liberal influenced changes to public hospitals than those implemented by the New South Wales state Labor Government (White & Bray 2005). These changes also coincided with the introduction of enterprise bargaining nationally during the 1990s, which allowed for enterprise-level collective bargaining over wages and conditions, with the aim of improving productivity (see also Chapters 1 and 5). However, centralised control over staffing budgets by state health departments left relatively little actual control of these issues in the hands of local hospital management (White & Bray 2005).
This chapter will enable readers to understand the:
concept of employment models and their use in analysing the interactions between the state and markets
development of the services sector and the links to the ‘incomplete female revolution’
growth in casual work and its links to the growth in services, female employment and low-paid work
rising income inequality and the related growth in wage dispersion in OECD countries.
Introduction
This chapter explores the key features of the Australian ‘employment model’. We deliberately use the term ‘model’ as distinct from ‘labour market’ because it is more holistic and invokes an important literature that links the welfare system and the labour market. This work originated with Esping-Andersen’s (1990) delineation of three models of welfare capitalism: social democratic (Sweden); conservative (Germany); and neo-liberal (United Kingdom and United States, which we also term the Anglo-American cases). The latter model is particularly relevant, given that our focus in this book is on the implementation of neo-liberal ideas in the labour market and more widely. The three models of welfare capitalism are not, however, a static typology, and Esping-Andersen characterises the models as emerging from political and economic struggles in each of the countries where they emerged. Importantly, this approach explicitly rejects the arguments of neo-classical economics (and neo-liberalism), which view markets as predominant and welfare provision as limited, instead of viewing labour markets and welfare as interlinked.
This chapter will enable readers to understand the:
concept of workplace monitoring and surveillance and its growth and development
ways in which monitoring and surveillance are challenging traditional conceptions of the employment relationship
important policy and workplace regulation issues associated with monitoring surveillance
invasive nature of monitoring and surveillance in the workplace
paradox associated with monitoring and surveillance in the workplace, particularly in relation to the role of human resources managers.
Introduction
The impact of the neo-liberal agenda, the shift in distribution of employment to the service sector, the growth in casual, temporary and contract employment and a decline in union membership have combined to create a context in which employees’ ability to resist managerial control has been reduced. In this situation of weakened resistance, the availability of new information technologies for the monitoring and surveillance of employee performance has enhanced the type, depth and intensity of management supervision. However, like any new technology, the impact of information technology is mediated by the social context and power relationships within which it is introduced.
This chapter will enable readers to understand the:
nature and causes of labour market flexibility in two industries that are high users of precariously employed workers
attraction of many employers in retail and hospitality towards a minimalist approach to workplace flexibility, despite policy settings that facilitate employee-oriented flexibility
international literature demonstrating that the strategic implementation of flexible working practices can be beneficial to both employers and employees
potential for implementing flexible working arrangements in a way that reduces the adverse impacts of events such as the Global Financial Crisis (GFC).
Introduction
As illustrated elsewhere in this book (see especially Chapters 2, 10 and 11), there has been a widespread shift in recent decades from full-time, ‘standard’ employment towards part-time, ‘non-standard’ employment, both in Australia and internationally. This trend has brought with it a proliferation of less secure, peripheral labour market participation. Focusing on retail and hospitality, two closely related industries that are characterised by high levels of ‘non-standard’ or precarious employment, this chapter examines how the strategic implementation of flexible working arrangements can enable people to achieve more secure and less peripheral labour market participation. The policy impetus for this discussion is provided primarily by the provisions of the Fair Work Act 2009 in relation to flexible working arrangements, set within the context of Australia’s experience during the Global Financial Crisis (GFC). The chapter indicates ways in which the use of flexible working arrangements can be implemented to expand equitable labour market participation and to reduce the impact of macro-economic fluctuations.
This chapter will enable readers to understand the:
marginalisation of the national industrial tribunal as an attempt to privatise the process of settling workplace disputes
reinvigoration of the dispute-settlement role of the national industrial tribunal
decline in the number of strikes and the consequential changes in the patterns of industrial conflict
evolution and nature of the unfair dismissal jurisdiction and the growth of unfair-dismissal disputes in Australia.
Introduction
Workplace conflict is an inevitable part of the pluralistic nature of organisational life. In Australia, the management of workplace conflict has been at the heart of the political agenda for workplace relations for the major parties. This chapter briefly traces the history of the regulation of workplace conflict since the beginning of the twentieth century and looks at the importance of tribunal conciliation to the settlement of workplace disputes over this time. It then describes the major changes to the system of dispute settlement since the late 1980s, particularly in relation to the differing agendas of the various political parties, employers and unions, which have acted to decentralise dispute resolution to the workplace. In doing so, the chapter describes the national tribunal, the Fair Work Commission (formerly Fair Work Australia), examining its relationship with the functioning of dispute-settlement clauses in enterprise agreements required by legislation and the resolution of unfair dismissal disputes, which make up the bulk of the Commission’s workload. It then examines the collective and individual manifestations of workplace conflict. The chapter ends with an examination of the decline in strike numbers and concludes that overt conflict is not disappearing in Australia but it is changing to more individualised manifestations.
This chapter will enable readers to understand the
development of Australian employment regulation from the inception of the system of conciliation and arbitration
system of bargaining and agreements implemented under the Fair Work Act 2009 and the role of the Fair Work Commission
nature of the National Employment Standards and Modern Awards in providing a safety net
protections for employees from unfair dismissal, unlawful dismissal and discrimination under the Fair Work Act
protections under the Act for casual and temporary employees and contractors, and the shortcomings of those protections.
Introduction
Legal regulation of Australian employment has undergone massive changes since the mid-2000s. The legislative regime introduced under the Work Choices policy by the Howard Liberal-National Coalition government in 2005 was revolutionary – it dismantled arbitrated awards, ensured that individual agreements prevailed over collective agreements, removed unfair dismissal protection from most Australian employees, introduced secret strike ballots and greatly diminished the independent industrial tribunal’s role. In a dramatic policy contrast enshrined in the Fair Work Act 2009, operative from 1 January 2010, the federal Labor government significantly reversed most of these changes, emphasising enterprise-based collective bargaining underpinned by a safety net of modernised awards and legislated conditions, eliminating individual bargaining and reintroducing job security through unfair dismissal laws. The common law employee–contractor distinction importantly underpins the new national system, together with employment anti-discrimination and occupational health and safety legislation. This chapter analyses these features, critiquing the new national system, which largely has moved away from reliance on market forces to a system of collective bargaining supported by protections for weaker groups and a new good-faith bargaining concept.
how global supply chains influence local production arrangements in the automotive components sector
the importance of a broad systemic understanding of the factors influencing production and work arrangements
interactions between production practice, work organisation and human resources management (HRM) practices
how external economic and regulatory factors influence the organisation of work and production
the ways in which employee voice operates in relation to production strategies and the pressures that shape work and work organisation.
Introduction
In this chapter, we examine the role of workplace relations practices and policies at Futuris, Australia’s largest domestic automotive components company. We will show the ways in which competitive pressures, government policy and industrial negotiations have shaped and changed the experience of work and workplace relationships in the company. The components industry is one in which the globalisation of markets has shaped production scale and strategy; it is an industry in which labour negotiations and the content of enterprise agreements provide the framework for productive efficiency and the experience of work, and also an industry in which communications and employee involvement have to serve sometimes conflicting management and employee needs. Many of the issues raised in this case study have salience in other locations, because the industry is inherently global in its orientation through its part of global value chains in the automotive sector.
This chapter will enable readers to understand the:
concept and varieties of employee voice and of voice channels
development of employee voice in an Australian context
importance of employee voice for organisations and their employees
comparative efficacy of different employee voice channels
importance of power and influence when analysing employee voice.
Introduction
The contemporary Australian workplace relations landscape, as in many other Anglo-American advanced market economies, is strongly influenced by neo-liberal ideologies. Related to this has been a series of important developments, including declining trade union membership and density, the emergence of sophisticated human resources management (HRM) strategies focusing on the individual and the rise of enterprise bargaining. These changes have had a significant effect on the structure and practice of workplace relations, not least on the ways in which management variously communicates, interacts with and involves the workforce or its representatives in the organisation and its processes (which we refer to here as ‘employee voice’). The shift in the locus of decision-making power to the workplace level, and a focus on direct communications between employers and employees, increasingly is becoming the norm so that forms of voice involving unions are generally in decline in the English-speaking world. As unions and union voice channels in the workplace have become more marginalised, this has acted as both a cause and a catalyst for the development of alternative voice channels in many – usually larger – organisations. These fundamental changes in workplace relations have stimulated increased interest in new patterns of employee voice and employee participation in Australia, specifically in terms of establishing and utilising effective mechanisms to engage employees and manage the employment relationship.
Our field of study was for a long time referred as industrial relations or labour relations, and in Australia these designations remained unchallenged until the early 1980s, when employer organisations – particularly the then newly formed Business Council of Australia (BCA) and later right-wing think tanks, such as the HR Nicholls Society – challenged what they regarded as the anachronistic and obstructionist collectivist/class conflict paradigm of the ‘industrial relations club’ (Stone 2006). In Australia, possibly the most influential and coherent critique was that provided under the auspices of the Business Council of Australia (BCA) (1989). The BCA posited a model of employee relations that looked very much like an Australian version of strategic human resources management (SHRM) (Beer et al. 1984), and this led the BCA to advance two key propositions: first, that the key to enterprise success is in finding competitive advantage; and second, that in the relationship between employer and employees, there is no room for third parties. In other words, in employment regulation unions, industrial tribunals – and even employer associations – were a distraction, or at worst an interference. While the term ‘employee relations’ continues to have currency in the Australian academic literature, its usage does not imply endorsement of a particular reform agenda; rather, it emphasises the shift in focus to the employment relationship. In Australia more recently, the term ‘workplace relations’ has emerged to describe the changing field of study to which this book is devoted – for example, issues associated with monitoring and surveillance and employee voice are very much workplace relations issues rather than institutional aspects of the workplace in the twenty-first century. Significantly, the term ‘workplace relations’ has also found favour with both of the major political parties.
This chapter will enable readers to understand the:
nature of labour market disadvantage and its various categories
intersecting nature and changeability of labour market disadvantage
connections between disadvantage, industry restructuring and the dismantling of labour market protections
implications of labour market disadvantage for workplace relations.
Introduction
In the second decade of the twenty-first century, the Australian workforce presents an unusual degree of diversity. Race and culture, gender, disability, age, lifestyles and changing family responsibilities are among the key diversity characteristics of an expanding population and labour force. This diversity has been fuelled by sustained mass immigration, the increasing workforce participation of women, the need to retain older and skilled workers and demands for equitable employment participation by traditionally marginalised groups, such as people with disabilities and Indigenous people. In this chapter, the nature and extent of each of these forms of diversity will be addressed, and the implications of this diversity for workplace relations examined. This analysis will also look at the interaction between diversity and disadvantage, and industry restructuring and economic change.