International law and most national legal systems recognize the right to strike as a fundamental human right. However, the most common qualification for a strike is that the action must first be approved by ballot. These types of requirements are often said to be necessary to protect the democratic rights of the workers - the so-called democratic imperative. But is that truly their aim? This book draws on detailed empirical study of the Australian legislative provisions for pre-strike ballots; a comparative analysis of law and practice in a range of countries including Canada, South Africa, the United States, and the United Kingdom; and the approaches of the supervisory bodies of the International Labour Organisation to evaluate the true purpose and effect of the ballot requirement. While in some cases the ballot requirement provided additional bargaining leverage for unions, overall, the study showed that the principle purpose of ballot requirements is to curtail strikes rather than vindicate the democratic imperative it claims to support. Exploring collective bargaining and union democracy, this is an essential title for those involved in or studying labour law. This book also demonstrates the fundamental shortcomings of ballot regimes, and provides and accessible exploration of the operation of said regimes, which makes this a helpful tool for unionists to understand their rights as workers. It also considers significant policy questions in the field and is relevant in the respect of the international labour law regime.
The latest edition of this leading text features a new and expanded team of authors, who explain and analyse Australia's complex system of labour regulation.The book has been substantially restructured and updated to cover the many statutory amendments introduced or proposed over the past five years, especially to the Fair Work legislation, but also on matters such as work health and safety.A particular feature is the coverage of the Productivity Commission's 2015 report on the workplace relations system, outlining both its assessment of the regulatory framework and recommendations for change. There is discussion too of other important inquiries and reviews, including the Fair Work Commission's changes to the modern award system and the Heydon Royal Commission into Trade Union Governance and Corruption. The new edition also outlines the policy proposals released during the 2016 election campaign and explores the potential for future reforms.The new edition also makes extensive reference to new decisions by the courts and tribunals, on matters such as the distinction between employees and independent contractors, enterprise bargaining, trust and confidence in the employment relationship, the burden of proof in adverse action claims, and much more besides.As always, the book is full of pointers to further reading, with a substantial bibliography and index connecting readers to the voluminous academic literature on the subject. A new chapter also explores some of the insights to be gained from various theoretical perspectives on the concept of 'regulation' in general, and labour regulation in particular.Creighton & Stewart's Labour Law continues to offer the most comprehensive and authoritative account of the subject for students and practitioners alike.
The third edition of this authoritative book has been comprehensively rewritten to take account of the recommendations of the Maxwell Review and of the Occupational Health and Safety Act 2004.The core legislative provisions, together with relevant court and tribunal decisions, codes of practice, and administrative practices, are analysed in detail. Relevant provisions are also located in their national and international contexts.There is also detailed consideration of the impact of Commonwealth workplace relations and OHS laws.This new edition will be essential reading for occupational health and safety professionals and legal practitioners, both in Victoria and elsewhere in Australia. It will also be of great interest to teachers and students in occupational health and safety, labour law and related law courses, human resource management, industrial relations, political science, public administration, business and economics.The text of the 2004 Act is reproduced in full, together with samples of relevant forms and notices.
This book is a practical guide to the significant and complex transitional arrangements being introduced by the Rudd Labor Government and impacting directly on workplace industrial arrangements."--Provided by publisher.
This is an entirely re-written and greatly expanded edition of this standard text on occupational health and safety law in Victoria.As with previous editions, it contains a detailed examination of the principal OHS statute in Victoria - the Occupational Health and Safety Act 2004. It also describes and analyses relevant aspects of other legislation which impinges on OHS regulation - such as the provisions of the federal Fair Work Act 2009 dealing with protection against victimisation because of OHS-related activity and right of entry to workplaces for OHS purposes.Like its predecessors, the new edition makes extensive reference to OHS law and practice in other jurisdictions, and to relevant international labour standards, notably the International Labour Organisation's Occupational Safety and Health Convention 1981 (No 155) and Promotional Framework for Occupational Safety and Health Convention 2006 (No 187).Critically, the new edition locates the 2004 Victorian Act firmly in the context of the harmonised work health and safety regime which is enshrined in the model Work Health and Safety Act. Despite the fact that the Model Act was clearly based on the Victorian legislation, and is in force in most Australian jurisdictions, successive State Governments in Victoria have refused to sign up to the harmonised system.The authors clearly recognise, however, that it is impossible to understand or to apply the 2004 Act in isolation from the harmonised system. This is reflected in the inclusion of a lengthy chapter describing the evolution and substance of the harmonised system, and in the fact that all provisions of the 2004 Act are cross-referred to the parallel provision in the Model Act. Consequently, the fourth edition of Creighton & Rozen provides a valuable guide to the origins and substantive provisions of the harmonised legislation, as well as a detailed analysis of the Victorian system.The High Court in Deal v Kodakkathanath [2016] HCA 31 has taken an expansive view of the Occupational Health and Safety Regulations. In light of this case, this new edition of the book contains an expanded discussion of the civil breach of statutory duty action under the Occupational Health and Safety Regulations 2007 and 2017 which will be of interest to practitioners involved in work-related personal injury litigation.
New edition publishing May 2007. Written in clear and non-technical language, this edition looks at the substance and practical operation of the legislation, and discusses the extent to which the legislation has fulfilled the hopes of is proponents and the fears of its opponents. It takes account of relevant court and tribunal decisions, industrial relations developments, legislative changes, and Federal initiatives over the period of the Act's operation. It also seeks to locate the legislation and its implementation in its national and international context.
International law and most national legal systems recognize the right to strike as a fundamental human right. However, the most common qualification for a strike is that the action must first be approved by ballot. These types of requirements are often said to be necessary to protect the democratic rights of the workers - the so-called democratic imperative. But is that truly their aim? This book draws on detailed empirical study of the Australian legislative provisions for pre-strike ballots; a comparative analysis of law and practice in a range of countries including Canada, South Africa, the United States, and the United Kingdom; and the approaches of the supervisory bodies of the International Labour Organisation to evaluate the true purpose and effect of the ballot requirement. While in some cases the ballot requirement provided additional bargaining leverage for unions, overall, the study showed that the principle purpose of ballot requirements is to curtail strikes rather than vindicate the democratic imperative it claims to support. Exploring collective bargaining and union democracy, this is an essential title for those involved in or studying labour law. This book also demonstrates the fundamental shortcomings of ballot regimes, and provides and accessible exploration of the operation of said regimes, which makes this a helpful tool for unionists to understand their rights as workers. It also considers significant policy questions in the field and is relevant in the respect of the international labour law regime.
Epic adventures, survival and tragedy in New Zealand's own 'Wild West' frontier, the Waiatoto Valley. Deep into the heart of the Waiatoto Valley on the savage West Coast is New Zealand's own Wild West: a place which may never really be ‘won’. Its pioneers, musterers, hunters and pilots of South Westland’s Haast District have had to face isolation, rugged geography and atrocious weather that's sometimes so bad for so long that the hair begins to rot from the backs of live cattle. The folk who’ve lived there for three generations have been shaped by the land. Ranging from mountain exploration to epic two-week cattle droves through dense bush, wild rivers and over dangerous passes; from hacking an existence out of feral isolation to high adrenaline pursuits, this book encompasses often poignant, sometimes bizarre, tales of tragedy and dogged survival. It's a book for all those who are gripped by West Coast lore, and for adventurers of all kinds — pilots and bushmen, hunters and fishermen, stockmen, musterers and drovers alike, boaties, trampers and mountaineers. River of Blood gives us the sense of people living by their wits, and with fearsome grit. A place that, even now, fits the label ‘The Last Frontier’.
This book examines how election news reporting has changed over the last half century in Ireland by means of a unique dataset involving 25m words from newspapers as well as radio and television coverage. The authors examine reporting in terms of framing, tone and the distribution of coverage.They also focus on how the economy has affected election coverage as well as media reporting of leaders and personalities, gender and the effect of the commercial basis of media outlets. The findings - drawn from a machine learning computer system involving a huge content analysis study - will interest academics as well as politicians and policymakers internationally.
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