Unions engaged in enterprise bargaining under the Fair Work Act 2009 (Cth) (‘FW Act’) frequently exhibit considerable creativity in the forms of industrial action they take in order to pressurise employers to make concessions in bargaining. Examples of such conduct can include sending emails with the Caps Lock function turned on, wearing union campaign clothing or insignia whilst at work, and communicating with clients and customers of the target employer about the employees’ industrial campaign.

This creativity is pushing the definition of ‘industrial action’ in s 19 of the FW Act to its outer limits. This is important due to the fact that many aspects of the bargaining regime established under the FW Act turn upon whether particular conduct falls within the statutory definition. These include provisions concerning the lawfulness or otherwise of industrial action; access to orders to stop or prevent unprotected industrial action; payment of wages for periods when employees are engaging in industrial action; and employers’ capacity to stand down employees without pay where they cannot usefully be employed because of industrial action which does not involve the employer or its employees.

This article traces the current definition back to its origins in the system of conciliation and arbitration that operated in Australia throughout most of the 20th century. That system treated all industrial action as unlawful at statute and/or common law. The definition has not been significantly changed since the replacement of that system by one based on enterprise based bargaining, accompanied by limited recognition of the capacity lawfully to take industrial action in the course of such bargaining. Reviewing the current definition and its practical operation in its social, historical, and international context, the article concludes that the definition is not ‘fit for as purpose, and proposes that it should be revised in order better to accord with the purposes of the legislation and with the bargaining regime it establishes.

In England and Wales less than half of the adult population report that they have a will, with similarly low numbers found in other jurisdictions. Dying intestate can have profound implications on the family relationships, housing security, finances, employment, health and welfare of those who are left behind. Social policy initiatives designed to educate the public on the implications of intestacy offer a potential solution but remain difficult to evaluate. This article explores the results of a public legal education experiment embedded in a longitudinal panel survey. The experiment was designed to explore: (1) the impact of information provision on will creation; and, (2) how ‘opportunistic experiments’ embedded in longitudinal surveys might support public legal education (PLE) evaluation. Whilst the impact of the information intervention in this study was not found to be statistically significant, the methodology points to the possibility of testing more bespoke and substantial initiatives in the future.

As an increasing number of Government services have moved away from traditional modes of provision to online formats, there has been a corresponding need to ensure greater access to the internet. Although older people (those over 60) are least likely of all age groups to have access to the internet in their homes, the internet holds much potential as an information and advice resource for those older people who may find it difficult to access advice over the telephone or in person. Realising this potential extends beyond issues of physical access; consideration must necessarily be given to issues of internet literacy and the inclination of this cohort to utilise what may be new and unfamiliar technology. This paper examines these matters in the context of the resolution of everyday problems with a legal dimension. Looking first at the use of the internet for information and advice seeking related to such problems, we find that those aged over 60 demonstrate the least use of the internet for problems with a legal dimension. Simultaneously, those aged over 60 are also the group with the lowest level of home access – a particular issue given that for over 60-year-olds, home access is a far stronger determinant of internet use for problems than it is for other age groups. Examining use of the internet for advice seeking over the last decade, findings demonstrate the existence of a general increase in use amongst all age groups over time, albeit with a lower rate of growth amongst those currently over 60. As an indication of future growth, this will have implications for the provision of services. Whilst the ‘young old’ will utilise the internet to a greater degree and will require websites which are tailored to their needs, those individuals at the older end of the age spectrum may best be served by continued access to face-to-face or outreach advice. The implications these findings pose for policy makers in setting priorities in the remit of online service provision are discussed, with results having particular relevance in England and Wales given planned changes to civil legal aid.

Previous studies have highlighted the paucity of knowledge possessed by people in a number of jurisdictions with regard to specific legal issues and processes, yet what has not been fully understood is the practical impact of this lack of knowledge. This paper looks at how knowledge of rights affects the resolution of civil justice problems. Data were extracted from a large-scale survey of adults’ experience of rights problems throughout England and Wales (10,537 adult respondents). The results demonstrated that most individuals were not aware of their rights at the time the problem occurred (64.8 per cent). Knowledge was shown to be poorest amongst those with mental illness, those without higher qualifications and those renting their homes. Problems where knowledge was poor included clinical negligence, welfare benefits and neighbours issues. Knowledge did not appear to be related to a particular problem-solving strategy but had an impact on the fulfilment of objectives and the obtaining of advice. Our findings depart from existing literature by indicating that knowledge of rights alone is not associated with legal self-sufficiency in terms of a reduced dependence upon legal advice services. We find, however, that individuals, with knowledge of rights, experience better outcomes when they opt to handle their problem alone. Accordingly, the presence or absence of knowledge of rights may be a useful proxy measure of legal advice need and relevant to the process of legal aid rationing. Our findings highlight the role that Public Legal Education (PLE) (both ‘rights-based education’ and ‘just-in-time/self-help’) may play in disposing of less complex problems, while presenting a strong case for the continued availability of free legal advice services. The research is discussed in the context of the recently announced legal aid reforms in England and Wales and their anticipated impact.