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CHAPTER 14 The Australian bargaining framework. Session objectives. Appreciate the importance of the changes that have occurred in Australia’s industrial relations system and bargaining framework Understand what is meant by enterprise bargaining
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CHAPTER 14 The Australian bargaining framework
Session objectives • Appreciate the importance of the changes that have occurred in Australia’s industrial relations system and bargaining framework • Understand what is meant by enterprise bargaining • Understand the current bargaining structure – with particular reference to the federal jurisdiction – and the options that are available • Analyse the role of HR practitioners and managers in enterprise bargaining
History of conciliation and arbitration • Introduced 1890s – compulsory • AIRC established 1904 • Centralised
History of enterprise bargaining • 1987 – Award restructuring • October 1991 – EB principle introduced • Supported by the Workplace Relations Act 1996 • Decentralised • ‘Fragmented flexibility’
Workplace Relations Act 1996 • Bargaining at the workplace level • Limits on the Commission • Direct communication between employee and employer • Individual agreements • Trade union role restricted • Less prescription
Bargaining framework • Agents and institutions • Legal status • Level • Scope • Coverage
AIRC • Operates within the constraints of the WR Act • Role being challenged • Bargaining separated from arbitration • Safety net • Test cases • Unfair dismissals • Union matters
Office of the Employment Advocate • Established under the WR Act • Facilitates Australian Workplace Agreements • Freedom of association • Right of individuals to bargain
Legal status of bargaining • Awards • Certified agreements • AWAs • Individual contracts