Industrial Relations in Australia - Research Paper Example

Introduction The Australian Industrial Relations has avoided and prevented the practices of the strike calls, for raising objections, and a system ofconciliation and arbitration has been introduced and implemented, the system has been incorporated under the jurisdiction of the Court. The Court has the authority to handle and resolve the industrial disputes beyond the limit and jurisdiction of any state. The analysts have agreed that the establishment of the courts specifically for the resolution and strengthening of the industrial relations has been responsible for the economic growth and development of the state and the country. The introduced reforms in the country has constitutionally permitted the court to settle the disputes and issues relevant to the 'wages and conditions of employment for the nation's employees' (Giudice, 2006), such reforms are expected to generate economic effect with reference to the 'decisions and its relationship with industry protection policies which would endure until the closing decades of the century' (Giudice, 2006). The significant feature of the Industrial Relation system practiced in Australia has been its collective system, the industrial relation system has 'provided legal recognition for trade unions which, once registered had the capacity to act in industrial disputes in their own right on behalf of their members present and future', the system has further authorized the industrial units and the trade unions to perform on 'strong egalitarian foundation' (Giudice, 2002). Discussion As per the regulations of the government with reference to the industrial relations, the parties, unions and employers have been encouraged to file their grievances in the Court for early and peaceful settlement, and avoid any malpractices which are expected to hamper the industrial activities and growth, the industrial units have been barred from different practices of strikes and lockouts, and have regarded such practices as unlawful. Such reforms and regulations have deeply influenced the industrial relations of Australia, and integrations of all these regulations and combination has been unusual. The Australian laws have further incorporated certain variations in the labor laws of its states, and major concern of the regulations has been 'the bargaining process'. The understanding of the Australian legislatives towards the Industrial relations have been extremely different, 'this was because the rationale for Australian unique system was that the strike was to be replaced with conciliation and arbitration carried out under the auspices of a tribunal with a responsibility to protect the public interest' (Giudice, 2006). After the strike calls were legitimized in Australia, it was observed that such practices were never adopted because the unions and the industrialists had the common understanding that such practices will never address the concerns of the unions towards the employers, and neither will it benefit any of the party. The country has introduced statutory rights, the purpose of which is to offer protection to the individual employees from expected or unexpected 'unfair or discriminatory termination' (Raymond, 1970) of their services by the employers. Australian laws with reference to the Industrial Relations are required to go through process of conciliation, the prevalent issues have to be initially resolved through conciliation efforts, and any harsh technique and forcible approach has to be avoided and discouraged, and any of the party found guilty of such act will be regarded as guilty on the grounds of offensive approach. Although different countries have established commission, but the functioning of such commission have been extremely different from the others therefore the significant aspect of the Australian commission on the Industrial Relations has been its 'compulsory powers to prevent and settle industrial disputes' (Giudice, 2006), and therefore the country courts are involved in the settlement of the issues through peaceful means, and 'dealing with notifications of industrial disputes has been achieved through conciliation and by arbitration'. The analysts have regarded this feature of the Australian Industrial Relation to be major significance, and have therefore 'set Australia apart from most of the developed economies'. The Australian laws and legislatives have answered the concerns of other parties, beside the direct parties; the public interests and the impact of the industrial disputes have been handled with due care and diligence. The commission developed by the Australian government has the power to intervene and terminate the 'the bargaining period in the public interest', if the bargaining is regarded as threat to the 'health or welfare of the population' (Giudice, 2006), and is expected to develop negative consequences of the economy of the country. The Australian Industrial Relations has encouraged the settlement of disputes through compulsory arbitration, if the conciliation has been unsuccessful. The Australian government has tired to develop strong Industrial Relation system, and has adopted such measures for the resolution of the disputes which are 'left in the hands of the disputing parties'. According to the analysts, the award for the settlement of the dispute is the major provision which the Australian system has authorized its courts to exercise. According to the reports, since 1996 onwards the authority has been exercised in issues pertaining to the industries which are associated directly or indirectly with the fire-fighting, coalmining, school teaching and electricity generation, 'there have also been a number of awards made in various areas of the public and publicly funded health system' (Ford, 1985). The country has adopted particular approach for the development and execution of the labor agreements; the provisions have not authorized the parties to contract as per their wishes, and have developed agreements as per the Australian legislation. The Australian government has introduced such legislatives which have been exercised to prevent any harm and negative consequences on the employees with reference to the 'award safety net', the legislatives are not discriminatory, and fair process have been adopted for the formulation of such legislatives. As per the regulations of the country with reference to the Industrial Relations, more than 7000 agreements were approved and validated by the commission last year. It has been previosuly observed that the approved agreement by the commission was 'listed for hearing to give any interested party the opportunity to be heard' (Giudice, 2002); any opposition towards the approval and certification has not been visible. The undertaking is to be given by the parties incase the commission has observed flaws of substance, in case of any failure the parties have the right to refuse the agreement. Conclusion Previously, the authority of the commission to approve and certify the agreements was discretionary, therefore the commission had the right to refuse to certify an agreement, provided that it was successful to observe and develop convincing arguments that the 'agreement were contrary to the public interest'. Previously, the rise in the wages and salaries was based on the increase awarded centrally, for this purpose the public interest test was exercised to determine that the increment as per the agreement was 'consistent with levels permitted by the central system'. If the public interest requirement was considered void, and the certification that the agreement will not have any negative consequences meant that the Commission had no authority and power to exercise, it was because the increment was expected to have the 'potential to flow on to other areas of employment or to jeopardize the level of employment' (Cook, 2007). However, the present laws and regulations have put the commission responsible for the certification of the agreement, and under no context the commission has the authority to refute the agreement, only because the induction of the employer has been approved 'to enter it by industrial action or threats of it' (Foenander, 1983). The principle of the Commission which monitors the Industrial Relations of the country is with reference to the 'dispute resolution, industrial action, and applications for a remedy in relation to termination of employment, and variation, rationalization and simplification awards' (Foenander, 1983). As per the Australian legislatives 'the legal rights of the parties as determined by the courts are given precedence', there regulations have ignored the role and influence of the specialist independent body which can be offered mandatory powers of conciliation and arbitration, 'in the interests of the parties and in the public interest'. As per the regulations of the country, voluntary processes have been incorporated, the purpose of which is to sought the resolution of the disputes and issues, the regulations further authorize the commission to take preventive actions 'where there is a regulated right to take industrial action', as per the prescribed regulations with particular reference on bargaining and agreement-making. Although the commission has been authorized with certain other privileges, the regulations of the country has provided the industrial units and unions with the right to refuse their orders, therefore 'the Commission does not have power to compel anyone to do anything, or to make binding orders' (Louise, 1999), although it has the right to arbitrate or forward its recommendations to the concern authority or party. References 1. Justice Giudice. Our Industrial Relations System - What Makes It Unique Australian Industrial Relations Commission. Feb, 2002. 2. Justice Giudice. The Industrial Relations Society of Victoria: A Unitary IR System. Australian Industrial Relations Commission. Oct, 2002. 3. Justice Giudice. The Role of the Australian Industrial Relations Commission. The Role of the Australian Industrial Relations Commission. May, 2006. 4. Terry Cook. Australia: Unions embrace Labor's anti-working class industrial relations laws. World Socialist Web Site (wsws.org). May, 2007 5. Ford, Bill Gordon William, David H. Plowman. Australian Unions: An Industrial Relations Perspective. Allen & Unwin Publications. 1985 6. Raymond O'Dea. Industrial Relations in Australia. Macmillan Publications. 1970 7. Foenander, Orwell de Ruyter. Industrial Conciliation and Arbitration in Australia. Macmillan Publications. 1983. 8. Louise Thornthwaite, Peter Michael Sheldon, Sheldon / Louise Peter. Employer Associations and Industrial Relations Change: Catalysts or Captives. Allen & Unwin Publications 1999. Read More