Week 3 - The Legislator And Legislation

Question 1

What is the impact of neo-liberalism on the legislator?

Answer 1

• Neo-liberalism refers to the rise in prominence of market based processes of deciding what gets produced and who acquires it
• Implication is that the government / the legislator shifts from direct provision of public services to facilitate market based processes
• Key issues are rising tension between efficiency and fairness

Question 2

Describe the two key drivers in the shift to neo-liberalism

Answer 2

1. Corporatisation / privatisation - decline in union membership and deterioriating wages and conditions and the rise of HRM across the public sector
2. Globalisation - The emerging focus on competitiveness required industry in Australia to achieve rates of profitability to attract investment. Key initiatives were progressive Tarif reductions and the floating of the dollar. Led to pressure for lower costs, including labour costs leading to the dilemma of how to continue to increase living standards

Question 3

Motives for legislative intervention in ER

Answer 3

• to protect the public interest
• to correct perceived deficiencies in the existing system
• ideological considerations

Question 4

What are the different types of legislative ER intervention?

Answer 4

1. Non-intervention - where market relations dominate and the state is the protector of the national interest and makes policy and decisions that reflect societal values;
2. Market regulation - (LIB/National approach) where the state’s funciton is to facilitate individual transactions between the seller and purchaser of labour
3. Protective (more akin to ALP) which is extensive intervention in the interest of specific parties or in combination with social partners because the state’s primary function is to enact laws to remedy employees lack of power and to set and enfroce minimum labour standards

Question 5

Protective ER

Answer 5

• Australia’s traditional centralised model, protecting the weakest party
• Criticised for being too legalistic, excesively bureaucratic, inflexible and unable to adapt
• the Pre-1996 lack of free will led to unions being dependant on arbitration and awards and not recruiting members from the workforce, led to a chilling effect on direct relationships between employers and trade unions and inhibitied direct relationships between employees and enmployers

Question 6

Fair Work Act 2009

Answer 6

• Promotes a return to collectivity and union involvement which has promoted a greater role for FWC to return it more to a central role, especially with regard to reviewing wages

Question 7

What are the origins of the powers of the legislator to pass legislation?

Answer 7

• found in the AUstralian constitution

Question 8

What is conciliation?

Answer 8

Means of dispute resolution involving an independent third party who brings the disputing parties together to reach an agreement. Pre 1996 agreements produced through formal conciliation led to changes in award provisions
- Under FWA 2009 conciliation is a voluntary process that parties agree to as part of a dispute resolution process in an EA or as part of an unfair dismissal process

Question 9

What is arbitration?

Answer 9

A dispute settling method involving an independant third party. Pre-1996 it was a requirement that led to an Award. Parties were bound by the arbitrator’s decision. it is now a voluntary process

Question 10

What is an award?

Answer 10

• A legally binding document on employers and unions in an industry which establishes minimum terms for that industry. Minimum wage increases inserted into these awards
• there are currently 122 modernised awards overseen by the FWC
• modernised awards complement the 10 NES

Question 11

FWA Foundations

Answer 11

• a fair and comprehensive safety net of minimum employment conditions
• a system that has at its heart good faith bargaining at the enterprise level
• protections for unfair dismissal for all employees
• protection for the low paid
• a balance between work and family life (still negotiated on an individual basis)
• the right to bargain collectively

Question 12

FWC and National Workplace Relations Tribunal

Answer 12

• replaces AIRC and its registrar the Australian Fair Pay commission
• independant body with power to carry a range of functions from overseeing modern awards to wage reviews
• divided between commission functions and the registrary / beaucratic functions