this product is unavailable for purchase using a firm account, please log in with a personal account to make this purchase.

Looking for something?
  • Product unavailable. Please contact bookshop on 03 9607 9348.
Collective Bargaining Under the Fair Work Act

Collective Bargaining Under the Fair Work Act

By Shae McCrystal, Breen Creighton and Anthony Forsyth (editors)

Is the system of collective bargaining under the Fair Work Act broken? Both employers and unions think that it is, and that the legislation requires significant amendment. Are they right? This collection answers this question by examining the operation, effects and impact of the framework for enterprise bargaining established by the Fair Work Act 2009 (Cth) nine years after it was enacted.

Termination & Suspension of Employment Workplace Workplace Relations 

Member

$63.00*

Non-Member

$70.00

VIEW CART
  • Full description

    Is the system of collective bargaining under the Fair Work Act broken? Both employers and unions think that it is, and that the legislation requires significant amendment. Are they right?

    This collection answers this question by examining the operation, effects and impact of the framework for enterprise bargaining established by the Fair Work Act 2009 (Cth) nine years after it was enacted. This legislation, introduced by the Rudd Labor Government, was ostensibly intended to restore a collectivist focus to the system of industrial regulation following the Howard Coalition Government’s ‘Work Choices’ experiment. The ‘Fair Work’ model is now sufficiently mature to permit an informed examination of its practical operation, including its response to continuing rapid social, economic, structural and labour market change, and an evaluation of how it can and should respond to these changes in the future.

    Comprising contributions from leading Australian scholars in the fields of law and industrial relations, and critical reflections on the operation of the Australian model from North American and United Kingdom contributors, this collection provides that evaluation, exploring the critical successes and failures of the Fair Work Act and setting out directions for future change.

  • About the author

    Shae McCrystal is Professor of Labour Law in the University of Sydney Law School where she teaches labour law and property law. Shae’s research focuses primarily on the regulation of collective bargaining and strike action for employees and independent contractors and she has published extensively in these areas including The Right to Strike in Australia (Federation Press, 2010), Beyond Employment: The Legal Regulation of Work Relationships (Federation Press, 2012 with Richard Johnstone, Michael Quinlan, Igor Nossar, Michael Rawling and Joellen Riley) and Challenging the Legal Boundaries of Work Regulation (Hart, 2012, edited with Judy Fudge and Kamala Sankaran). She is also a co-author of Creighton and Stewart’s Labour Law, 6th edition (Federation Press, 2016 with Andrew Stewart, Anthony Forsyth, Mark Irving and Richard Johnstone).

    Breen Creighton is an Honorary Professor of Law at RMIT University. He has held academic positions at Edinburgh University, the University of Melbourne, La Trobe University and RMIT University. He has also worked at the ACTU, the ILO and the (former) Commonwealth Department of Industrial Relations. Breen has written extensively on occupational health and safety law, employment law, collective labour law, discrimination law, and international labour law. From 1999 to 2008 he was a partner at Corrs Chambers Westgarth, and has acted as a consultant to governments, employers, business organisations, and trade unions in Australia and overseas.

    Anthony Forsyth is a Professor of Law in the Graduate School of Business and Law, RMIT University, Melbourne, Australia; and a Consultant with Corrs Chambers Westgarth. Anthony's research interests cover collective bargaining; the regulation of trade unions; labour hire; worker exploitation; and comparative labour law. He is currently working on a monograph examining the future of unions and collective worker representation in the era of new business models. In October 2015, Professor Forsyth was appointed by the Victorian Government as Chair of the independent Inquiry into the Labour Hire Industry and Insecure Work. His main recommendations were implemented through the Labour Hire Licensing Act 2018 (Vic).

  • Product details

    ISBN: 9781760021849

    Published: 2019

    Format: Softcover

  • Table of contents

    Preface 
    About the Contributors 
    Union Abbreviations 
    Table of Cases 
    Table of Statutes

    1. Evaluating the Australian Experiment in Enterprise Bargaining (Breen Creighton, Anthony Forsyth and Shae McCrystal)
       
    2. Getting to the Bargaining Table: Coercive, Facilitated and Pre-Commitment Bargaining (Breen Creighton)
       
    3. Has the Australian Model Resisted US-Style Anti-Union Organising Campaigns? Case Studies of the Cochlear and ResMed Bargaining Disputes (Anthony Forsyth and Bradon Ellem)
       
    4. The Role of Trade Unions and Individual Bargaining Representatives: Who Pays for the Work of Bargaining? (Rosalind Read)
       
    5. Bargaining, Cooperation and ‘New Approaches’ under the Fair Work Act (Mark Bray, Andrew Stewart and Johanna Macneil)
       
    6. Deadlocked Bargaining Disputes: Industrial Action, Agreement Termination and Access to Arbitration (Shae McCrystal)
       
    7. Employer-Controlled Agreement-Making: Thwarting Collective Bargaining Under the Fair Work Act (Umeya Chaudhuri and Troy Sarina)
       
    8. General Protections: Industrial Activities and Collective Bargaining (Joellen Riley)
       
    9. The State Strikes Back: Supervision and Sanctioning of Unlawful Industrial Activity by Federal Government Agencies in Australia (Tess Hardy)
       
    10. Access to Collective Bargaining for Low-Paid Workers (Fiona Macdonald, Sara Charlesworth and Cathy Brigden)
       
    11. Collective Bargaining under the Fair Work Act from the UK (and European) Perspective: Ideology, Individualisation and the State (Lizzie Barmes)
       
    12. Welcome to the Bottom: A North American Perspective on the Fair Work Act (Eric Tucker)

    Bibliography

    Index

Similar Products

  • Product unavailable. Please contact bookshop on 03 9607 9348.
Fair Work Legislation 2019–20

Fair Work Legislation 2019–20

Thomson Reuters

Member

$143.10*

Non-Member

$159.01

  • Product unavailable. Please contact bookshop on 03 9607 9348.
General Protections Under the Fair Work Act

General Protections Under the Fair Work Act

Donaghey, T; Goodwin, E,

Member

$117.00*

Non-Member

$130.00

  • Product unavailable. Please contact bookshop on 03 9607 9348.
Annotated Fair Work Act & Related Legislation, 2019 edition

Annotated Fair Work Act & Related Legislation, 2019 edition

Catanzariti, J; Byrnes , M; Young, E; Latham, I; Dudley, B

Member

$143.10*

Non-Member

$159.01

  • Product unavailable. Please contact bookshop on 03 9607 9348.
Aviation Law in Australia e5

Aviation Law in Australia e5

Ron Bartsch

Member

$135.00*

Non-Member

$150.00

* The ‘Member’ price shown on this page refers to the standard discount for a Practicing Member. Other members, such as Student Members, may be entitled to lesser discount.