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AIRC Industrial Dispute Resolution Conference – International Perspectives

AIRC Industrial Dispute Resolution Conference – International Perspectives. Melbourne – 3 October 2007 Peter Anderson ACCI Director – Workplace Policy. ACCI. Australian peak council of employer organisations Lead employer voice in national policy, conciliation and arbitration

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AIRC Industrial Dispute Resolution Conference – International Perspectives

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  1. AIRC Industrial Dispute Resolution Conference – International Perspectives Melbourne – 3 October 2007 Peter AndersonACCI Director – Workplace Policy

  2. ACCI • Australian peak council of employer organisations • Lead employer voice in national policy, conciliation and arbitration • International representative of Australian employers on labour matters (e.g. IOE, ILO, CAPE) and trade matters (BIAC-OECD, ICC, CACCI)

  3. Content • Australia’s dispute record • Types of disputes • Dispute subject matters • Mechanisms for resolution • Business objectives • Disputes and arbitration • Disputes and conciliation • Disputes and mediation • Disputes and bargaining • Disputes and International Standards

  4. Australia’s dispute record • strikes historically low • 0.8 days lost / ‘000 employees • last 12 months – reduced 243,000 working days lost to 88,400

  5. Types of disputes • human resource disputes / conflicts (individual) • rights disputes (usually individual) • interest disputes (collective and individual)

  6. higher wages / wages owed hours / rosters leave people /management workloads promotion / transfer discipline termination redundancy discrimination outsourcing health / safety unionism privacy insolvency Dispute Subject Matters

  7. Mechanisms for Resolution • courts / judicial bodies • arbitrators • conciliators • mediators • industry dispute panels • corporate grievance processes / panels • informal internal processes • direct human relationships • negotiation / bargaining processes • strikes • government regulators / agencies • the labour market

  8. Business Objectives • efficiency, relevance, practicality, non intrusiveness, not self creating • appropriate dispute resolution (contrast – alternative dispute resolution)

  9. Disputes and arbitration • compulsory arbitration abolished (except dismissals) • not resulted in increased disputes • voluntary / private arbitration provided for

  10. Disputes and conciliation • compulsory conciliation abolished (except dismissals) • not resulted in increased disputes • voluntary / private conciliation provided for • involves notion of mediation

  11. Disputes and mediation • government sponsored system of private mediation • limited utility

  12. Disputes and bargaining • cultural shift – enterprise focus • ongoing internal forums, committees • driven in part by health and safety dialogue

  13. Disputes and International Standards • recognition of ‘independent facilitators’ for collective bargaining • recognition that a ‘negotiated agreement is to be preferred to an imposed solution’ • recognition of representative organisations

  14. AIRC Industrial Dispute Resolution Conference – International Perspectives Melbourne – 3 October 2007 Peter AndersonACCI Director – Workplace Policy

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