Thursday, October 17, 2013

Workplace Policy - Hwer are we now

This lecture will be looking at the scope and significance of industrial relations in Australian politics & society. So the history and how did we get where we are now? Language, rhetoric and symbols of "IR".  This lecture focuses on the detail of the legislation and policy debate. Tension between efficiency & equity. How different are party policies from WorkChoices to Fair Work?

So what's in a name? (Industrial relations, employment relations, human resource management, workplace relations & resilience of "industrial relations") Important relations, industrial relations to some extent are all used interchangeably to cover the relationship between employers and employees. It includes the rules and conditions under which people are employed. It's a broad field that covers all aspects of work and employment.

Industrial Relations is most common in Australian History though in the 80s, industrials relations started to be defined as employment relations. As IR had complications of being in relation to trade unions. The term employment relations was supposed to include the institutional, trade unions and other larger bodies.

Human Resource management is now the preferred term to describe the relationship and study of employment matters. Workplace relations was later defined in the 80s which had a focus on the individual enterprise or the individual workplace - Because that's where the rules and conditions under which people work should be set - At the workplace people would agree on the rules and conditions under which they work.

Scope & Significance of IR - Political and Policy Contest is related to work central to income, status and identity. It is a wide-ranging policy connection involving the labour market, economy, welfare and social security. There are connections with Human rights, democracy and the aspect of people being given a 'fair go.'

Strikes - Represent something of a challenge to the status quo and to authority.

There is a Fundamental Transformation of workplace policy

  • Change in Australian industrial relations since 1980s. 
  • Liberal WRA (1996) important - but process began with Labor in the 1980s. Work Choices (2005-07) was the fundamental change. 
So how far did the Labor rollback go? 

Arbitration, Awards & Centralised Wage-Fixing - Federal power shared with the states (S.51.xxxv) Arbitration part of "settled policy" and awards and centralized wage fixing: 
  • 1904 - Federal Conciliation of Arbitration Act
  • The FCoAA was a central aspect of IR for most of the 20th century. Western Australia still has a state based Industrial Relations system. 
  • State governments around Australia are pretty much compliant with the Federal IR act except WA which as mentioned above retains it's power. 
Labor in Power - 1983 - 1996 - Centralisation evident in wage indexation was a core aspect of the Accord. External economic crisis, awards & centralised wage fixing impeded productivity and competitiveness. 
  • 1986 - Award Re-structuring. 
  • 1993 - Enterprise Bargaining. 
Workplace Relations Act 1996

It was introduced as rhetoric, freedom of choice, flexibility and that no worker will be worse off. 

It reduced the role of unions, limited the role of status of arbitration and provided a new direction in individualisation - AWAs (no disadvantage test) - Also assaulted union power - the 1998 waterfront dispute. 

How big was the shift in IR from Labor to Coalition workplace relations reform. 

"A continuation of the existing trajectory of industrial relations reform" ? 

Labor reduced centrality of arbitration - but policy was based on collectivism & representation. 
The Coalition referred to individualisation and union exclusion - but residual elements of collectivism. 

Changing the Employment & IR resulted in polarisation of earnings, decline in industrial action, emergency of the "working poor", longer working hours and the work intensification and perceived job insecurity. 

There has been a tremendous change in the days lost as a result of industrial strikes. It was in the 1000s in the 70s and is now well below that figure. 

The shifts in industrial relations has shown a moved from centralised arbitration and industry awards to a decentralised "enterprise bargaining" system. Most workers union members - is approximately only 18% of the workforce. Wages driven by prices & fairness to where wages a re dependent on workplace change, productivity and a demand for labor. 

WorkChoices - Was introduced as a single national system - changed constitutional basis of Australian legislation. 

Australian Fair Pay and Conditions Standard (Work Choices) - was going to set a minimum on wages by AFPC, the maximum ordinary hours of work (38 hours) can be averaged or annualised. Individualisation extended, AWA facilitated no NDT, agreements must comply with AFPC Standard (may removal all other provisions by agreement), AWAs apply immedately upon lodgment (no approval, certification or 'cooling-off' process). 

WorkChoices limited the collective bargaining & union activities restricted (no requirement for negotiation or collective agreement even if majority of employees wanted one - it left it totally up to the employer) 

Cooper - "WorkChoices was a profoundly anti-union policy. It restricted unions’ ability to take industrial action and to enforce collective bargaining, it made organising non-union worksites much more difficult and it gave employers the capacity to marginalise unions and to avoid unionisation."

Work Choices shifted the power to employers and meant de-regulation in 1800 pages? AWAs used to remove penalty rates, overtime allowances & reduce pay - especially in the hospitality industry. 

The Coalition emphasised Language, Rhetoric & Symbols - Freedom, Choice, Flexibility & Fairness. 

Labor's Policy in 2007 was an election campaign that condemned WorkChoices, but rhetoric less extreme and diluted. The Forward with Fairness: "Fairness is about getting the balance right. The Howard Government's WorkChoices laws went too far in tilting all the rules in favour of one side." IR important factor in the election of 07. 

National Employment Standards involved Fair Work Australia which was renamed the Fair Work commission last year. The Fair Work Act replaced AIRC, Fair Pay Commission, Workplace Authority and Office of Workplace Services. It prevented unfair dismissal provisions for all employees. 

The Election 2013 Policy of the Coalition left out WorkChoices or any work place relations policy. They did however say if there were any changes they would be introduced after the next election. 

Basically the conclusion is more heat than light in IR debate. Continuities evident in policy, but Labor more collectivist, Coalition more individualist. Abbott Government may have other immediate priorities probably more the abolition of the Carbon Tax. 

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