1. Trade
Unions in Australia
(a)
Introduction
(b) Purpose
(c) Membership
(d) Structure
(e) Strategy
(a) Introduction
•
Trade
unions have a long history in Australia
… going back to the middle of the 19th century
… going back to the middle of the 19th century
•
Strong
British heritage
•
Australia
had an international reputation for most of the 20th century for strong
unionism:
→ High membership
→ Political power
→ Industrial power
•
But
major decline in membership and
power during 1990s and 2000s
… mean that this reputation no longer corresponds
with reality
power during 1990s and 2000s
… mean that this reputation no longer corresponds
with reality
(b) Purpose
•
The
purpose of Australia unions has always
been contested
... in other words, different unions had different visions of their role
been contested
... in other words, different unions had different visions of their role
•
The
majority of unions have accepted the necessity of capitalism
... and seen their role as working within the system
to advance the interests of (a) their members and
(b) workers generally
... and seen their role as working within the system
to advance the interests of (a) their members and
(b) workers generally
•
A
small minority of unions have been more
radical, seeing their goal as the overthrow
of capitalism
... these unions have become rare since the 1980s
radical, seeing their goal as the overthrow
of capitalism
... these unions have become rare since the 1980s
(c) Membership
•
For
much of the 20th century, around half of all Australian workers were
union members
... see Table 7.4 on page 210 of Bray et al. (2009)
... see Table 7.4 on page 210 of Bray et al. (2009)
•
The
decline in union membership since the late 1980s has been dramatic! 1990 → 41%
1995 → 33%
2000 → 25%
2005 → 22%
2009 → 20%
1995 → 33%
2000 → 25%
2005 → 22%
2009 → 20%
•
Why?
How can this be explained?
Many reasons → see Bray et al. (2009, pages 212-18) and Griffin & Svensen (2002, pages 34-5)
Many reasons → see Bray et al. (2009, pages 212-18) and Griffin & Svensen (2002, pages 34-5)
•
There
are major differences in union density in different industries
(d) Structure - External
•
Like
their British counterparts, the earliest Australian
unions were a specific type of occupational union:
craft unions: unions of skilled manual workers, like stonemasons, carpenters, engineers etc
unions were a specific type of occupational union:
craft unions: unions of skilled manual workers, like stonemasons, carpenters, engineers etc
•
Later
in the 19th century, occupational unions of less skilled
workers emerged
eg. dock workers, trolley & draymen…
eg. dock workers, trolley & draymen…
•
There
were some attempts at industry and general
unions,
... but they were rarely successful
unions,
... but they were rarely successful
•
This
strong emphasis on occupational unions
weakened over subsequent decades, as there
were many mergers and amalgamations
weakened over subsequent decades, as there
were many mergers and amalgamations
•
As
a result, today’s union movement in Australia is a messy mixture of union types
Affiliations of unions with political parties
•
Most
Australian unions are affiliated with the Australian Labor Party
•
Indeed,
the unions founded the ALP in the 1890s
•
There
are still strong organisational links between the unions and the ALP
•
Unions
try to use these links to gain the political policies and laws they want
•
But
the relationship is complicated!
Inter-union affiliations of unions
•
Unions
join together to create federations at different levels:
–
ACTU
at national level (established 1920s)
–
Unions
NSW at state level (formerly NSW Labour
Council, established 1871)
Council, established 1871)
–
Newcastle
Trades Hall at regional level (established 1869)
(e) Strategy
Mutual
Insurance:
•
Very
common today (eg. legal advice, home loans, access to discounts),
... but quite different to historical forms of mutual insurance
... but quite different to historical forms of mutual insurance
Unilateral
regulation:
•
Rare
these days, mostly historical
Collective
Bargaining:
•
Important
and highly preferred, but it is only effective if unions have bargaining power
•
So,
it is strong unions that favour collective bargaining
•
How
important are militancy and strikes?
Legal
Enactment:
•
Aims
to get both procedural and substantive rules that
are legally-binding
are legally-binding
Where
does reliance on compulsory arbitration fit in?
2. Minimum Wage Regulation
(a)
Introduction
(b) Purpose
(c) Rule-making process
(d) Coverage
(e) Enforcement
(a) Introduction
•
Very
long history in Australia
•
Complicated
story because:
–
federal system of government, in which both federal and state parliaments
have legislated for minimum wages
–
the
unusual role of compulsory arbitration
–
Many
changes over time in the way minimum wages were regulated
•
We
will concentrate on the period after 1993
•
In
1993, the Australian ER system changed from being based on compulsory
conciliation and arbitration to one based on collective bargaining
•
As
part of this, federal legislation established a ‘safety net’,
… which was designed as the absolute minimum wages and conditions below which no worker could legally be paid!
… which was designed as the absolute minimum wages and conditions below which no worker could legally be paid!
•
This
safety net comprised two elements:
–
Federal
Minimum Wage
… which was a single hourly wage rate designed as the lowest wage rate legally permissible in the federal system
→ this is very similar to the minimum wage in other countries!
… which was a single hourly wage rate designed as the lowest wage rate legally permissible in the federal system
→ this is very similar to the minimum wage in other countries!
–
Awards
… which contain minimum wage rates (as well as many other conditions of employment) for workers in particular jobs, industries and occupations
→ this is very different to other countries!
… which contain minimum wage rates (as well as many other conditions of employment) for workers in particular jobs, industries and occupations
→ this is very different to other countries!
•
There
are also awards in the state systems
•
This
means that Australia has thousands of minimum wages rather than just
one!
•
Fortunately,
all these minimum wages are usually (but not always!) adjusted at the same
time… through the same process
(b) Purpose
•
the
purpose of minimum wage regulation has changed over time
•
In
the early decades of the arbitration system, the 1907 Harvester Case led to
minimum wages being considered a ‘living wage’
ie. it was designed to ensure that all workers, irrespective of their skills, received a wage greater enough to support a man, wife and three children
ie. it was designed to ensure that all workers, irrespective of their skills, received a wage greater enough to support a man, wife and three children
•
At
different times, however, minimum wages were adjusted according to the
economy’s ‘capacity to pay’
… which reflected a purpose of using minimum wages as an
economic tool in managing the economy
… which reflected a purpose of using minimum wages as an
economic tool in managing the economy
•
After
1993, safety net wages were even adjusted
in an effort to encourage bargaining between
employers and employees/unions above the
minimum!
in an effort to encourage bargaining between
employers and employees/unions above the
minimum!
(c) Rule-making process
•
A
distinguishing feature of minimum wages in Australia has always been that
parliaments and governments did not set minimum wages
•
Rather,
they delegated minimum wage regulation to industrial tribunals
•
These
tribunals have invariably performed other ER functions as well as minimum wage
regulation
…eg. conciliation and arbitration of dispute settling, both individual and collective
…eg. conciliation and arbitration of dispute settling, both individual and collective
•
The
details of the procedures followed by the
tribunals in setting minimum wages have varied
over the decades
tribunals in setting minimum wages have varied
over the decades
•
Currently,
the Minimum Wage Panel of Fair Work Australia undertakes Annual Wage Reviews
… to see a summary of the current procedures go to:
http://www.fwa.gov.au/index.cfm?pagename=minabout
… to see a summary of the current procedures go to:
http://www.fwa.gov.au/index.cfm?pagename=minabout
•
The
most recent Annual Wage Review was in June 2010
… to see the decision, go to:
http://www.fwa.gov.au/sites/wagereview2010/decisions/2010fwafb4000.htm
… to see the decision, go to:
http://www.fwa.gov.au/sites/wagereview2010/decisions/2010fwafb4000.htm
•
The
next Annual Wage Review will be completed in June 2011
… all the details of how the procedure operates, the research and submission made by all parties etc can be seen at:
http://www.fwa.gov.au/index.cfm?pagename=wagereview2011&page=introduction
… all the details of how the procedure operates, the research and submission made by all parties etc can be seen at:
http://www.fwa.gov.au/index.cfm?pagename=wagereview2011&page=introduction
(d) Coverage
•
Today,
the Federal Minimum Wage and award wages (together) cover a very high
percentage of workers in Australia
… perhaps 80% of all Australian workers
… perhaps 80% of all Australian workers
•
Those
excluded include:
→ Public-sector workers in the state
systems
→ High-income workers and managers
→ Managers
•
This
does not, however, mean that 80% of Australian workers have their wages
determined by awards and the Minimum Wage
… because most workers bargain with the employer (either collectively or individually) over wages that are above the minima
… because most workers bargain with the employer (either collectively or individually) over wages that are above the minima
•
It
is mostly low-paid workers who have their wages determined by awards
and/or the Minimum Wage
•
This
means the number of workers relying on awards varies a lot across industries
and occupations
(e) Enforcement
•
The
system for enforcing minimum wages in Australia has changed many times over the
decades
•
It
has always involved some combination of three processes:
→ Government inspectors
→ Trade unions
→ Individual workers initiating
litigation
•
All
of these parties have the legal right to prosecute for breach of award
standards
•
The
current government inspectorate is the Fair Work Ombudsman
see: http://www.fairwork.gov.au/Pages/default.aspx
see: http://www.fairwork.gov.au/Pages/default.aspx
How
effective is all this?
3. Equal
Employment Opportunities in Australia
(a) Introduction
(b) International Standards and
the Federal System
(c) Anti-Discrimination Laws
•
History
•
Types
of Discrimination that are Prohibited
•
Coverage
•
Enforcement
(d) Affirmative Action
(e) Equal Pay
(f) Paid Maternity Leave
(a) Introduction
•
Legislation
by Australian governments against discrimination and promoting EEO are
relatively recent
… they really only began in the late 1960s and 1970s!
… they really only began in the late 1960s and 1970s!
•
They
have taken various forms:
→ Anti-discrimination
→ Affirmative action
→ Equal pay
•
They
have also focused on many different forms of discrimination, … including race,
marital status, gender, age, disability, sexual preference etc
•
Until
quite recently, most government intervention has been outside the mainstream ER
system,
… in separate laws and institutions
… in separate laws and institutions
It is a
very complicated story, partly because it unfolds at both federal and state
levels,
(b) International Standards and the Federal System
•
The
Australian Constitution did not specifically give the federal parliament the
power to make laws in this area,
… so the earliest laws were passed by state governments, and
… state laws and institutions are still important
… so the earliest laws were passed by state governments, and
… state laws and institutions are still important
•
Federal
laws, especially gender discrimination, rely on the ‘external affairs’ power of
the Constitution
•
For
example, the federal parliament’s power to pass the Sex Discrimination Act
1984 (Cth) came from Australia’s ratification in 1983 of an international
treaty:
… the United Nations’ Convention on the Elimination of Discrimination Against Women (CEDAW)
… the United Nations’ Convention on the Elimination of Discrimination Against Women (CEDAW)
[see Charlesworth &
Charlesworth 2004]
•
Rees
et al. (2008: pp. 3 and 16-22) also argue that US and UK laws were important
influences on Australian EEO laws
(c) Anti-Discrimination Laws
•
Australia’s
laws prohibiting discrimination began with state laws:
→ Legislation in 1966 in South
Australia, which made discrimination on the grounds of race a criminal offence
… this was later changed to focus on discrimination as a civil offence
… this was later changed to focus on discrimination as a civil offence
→ Other states followed the civil
model in the 1970s and 1980s
•
There
have been four main Federal laws:
→ 1975 Racial Discrimination Act (Cth)
→ 1984
Sex Discrimination Act 1984 (Cth)
→ 1992
Disability Discrimination Act (Cth)
→ 2004
Age Discrimination Act (Cth)…
•
The
grounds for discrimination in these federal laws are clear from their titles
•
Despite
conforming to the same general model of regulation,
the various state laws differ considerably on the grounds for discrimination (see Stewart 2009, p. 245)
the various state laws differ considerably on the grounds for discrimination (see Stewart 2009, p. 245)
Characteristic
|
NSW
|
Vic
|
Qld
|
WA
|
Tas
|
ACT
|
NT
|
Parental
status
|
ü
|
ü
|
ü
|
ü
|
ü
|
ü
|
|
Carer/family
responsibilities
|
ü
|
ü
|
ü
|
ü
|
ü
|
ü
|
ü
|
Breastfeeding
|
ü
|
ü
|
ü
|
ü
|
ü
|
ü
|
|
Physical
attributes
|
ü
|
||||||
Political
belief or activity
|
ü
|
ü
|
ü
|
ü
|
ü
|
ü
|
|
Religious
belief or activity
|
ü
|
ü
|
ü
|
ü
|
ü
|
ü
|
|
Industrial/union
activity
|
ü
|
ü
|
ü
|
ü
|
ü
|
||
Employment
activity
|
ü
|
||||||
Criminal
record
|
ü
|
ü
|
ü
|
ü
|
|||
Medical
record
|
ü
|
ü
|
•
The
coverage of Australian anti-discrimination laws (ie. federal and state
combined) is comprehensive,
… but with some exemptions which lead to criticism
(eg. Charlesworth & Charlesworth 2004, pp. 863-4)
… but with some exemptions which lead to criticism
(eg. Charlesworth & Charlesworth 2004, pp. 863-4)
•
The
federal sex discrimination laws do not apply to religious organisations
Despite
diversity across jurisdictions, the usual enforcement process is:
- An individual employee makes a
complaint of unlawful discrimination to a statutory agency…
eg. federal = Australian Human Rights Commission
NSW = President of the Anti-Discrimination Board - The agency investigates
and attempts to settle by conciliation
- If not resolved, complaint can
go to formal hearing before a tribunal, but this must be initiated
by the individual complainant
eg. federal = Federal Court or Federal Magistrate’s Court
NSW = Administrative Decisions Tribunal… - If complaint found to be
proven, then remedies are imposed
such as compensation, requirement to hire or reinstate complainant, restraining respondent from repeating unlawful discrimination etc… - A key issue in enforcement
identified by many commentators is that the Human Rights Commission has no
powerful to initiate litigation itself!
… ie. it is a very individualistic model, in which the individual complainant must take action - This is an important weakness
of the Australian model
… and a key difference compared to other national models, like the US and UK - Note, however, that the Fair
Work Act of 2009 opened up a new possibility in enforcement
… because it allows the Fair Work Ombudsman to initiate action against employers who practice discrimination (see Smith 2010)
(d) Affirmative Action
•
Affirmative
action differs to anti-discrimination because it seeks to take positive action
to reverse past discrimination
… rather than relying on the enforcement of a negative right not to be discriminated against!
… rather than relying on the enforcement of a negative right not to be discriminated against!
•
There
have been attempts by federal governments to implement affirmative action,
… but it has fallen foul of differences between political parties
… but it has fallen foul of differences between political parties
•
The
Labor government led by Bob Hawke passed the Affirmative Action (Equal
Opportunity for Women) Act in 1986
•
This
was amended and watered down by the Equal
Opportunity in the Workplace Act introduced by the Coalition government led
by John Howard in 1999
•
The
1999 Act makes modest demands on employers with respect to affirmative action:
•
Private
sector organisations with more than 100 employees and public sector
organisations must produce a report/plan,
… which includes a workplace profile, analysing equity issues for women, identifying priority issues and taking actions, and evaluating the effectiveness of these actions
… which includes a workplace profile, analysing equity issues for women, identifying priority issues and taking actions, and evaluating the effectiveness of these actions
•
Report
these plans to the Affirmative Action Agency annually (although annual reports
can be waived)
•
Weak
penalties for non-compliance
•
Only
real sanction is ‘naming and shaming’ in parliament and ineligibility for some
government contracts
(e) Equal Pay
•
Australia
has a long history of action on equal pay for
men and women
…eg. NSW the first state to legislate for equal pay in 1958
men and women
…eg. NSW the first state to legislate for equal pay in 1958
•
And
its was not just action by governments
… the early focus of equal pay campaigns by women’s groups and unions was the arbitration tribunals through ‘test cases’
… the early focus of equal pay campaigns by women’s groups and unions was the arbitration tribunals through ‘test cases’
•
This
was moderately successful in eliminating the more obvious forms of
discrimination in pay and in reducing the gap between men’s and women’s wages,
… because these test cases provided a centralised mechanism to reduce the gap
… because these test cases provided a centralised mechanism to reduce the gap
•
But
the more subtle forms of discrimination remain
… and there are still efforts being made today under the FWA (see Baird & Williamson 2010)
… and there are still efforts being made today under the FWA (see Baird & Williamson 2010)
•
Statistics
on the gap between men’s and women’s earnings:
http://www.eowa.gov.au/Pay_Equity/Files/PE_STATS.pdf
http://www.eowa.gov.au/Pay_Equity/Files/PE_STATS.pdf
(f) Paid Maternity Leave
•
Paid
maternity leave is usually considered an essential element of any nation’s
efforts towards eliminating gender inequality
•
For
many years, Australia was exceptional amongst developed economies in not
having laws about paid maternity leave
•
Instead,
there were legal provisions for unpaid maternity leave
•
After
much struggle and controversy, a paid maternity leave scheme (funded by the
government) was introduced in 2010 (see Baird & Williamson 2010)
2. Guest workers/temporary migrants in Australia
(a)
Definition/overview
(b) Purpose
(c) Types
(d) Rule-making process
(e) Enforcement
Three Eras in Postwar Migration
•
1946-1972
Worker recruitment, demographic imperatives
•
1972-95
Planned program: Three elements – family, workers, refugees
•
Post
1995 Increased skill focus, mix of temporary and permanent strategies
4. Temporary Migrants in Australia
(a) Definition/overview
Temporary
migrants
•
“persons
[who] enters the country on a temporary basis to work” [Hugo 2006, p.211]
•
Determined
by worker intention, visa category, arrivals information
Guest work:
•
Guest
work: “opportunities for citizens of poorer countries to migrate to wealthier
countries on a temporary basis in order to fill labour shortages in various
sectors” [Lenard and Straehle 2011, p. 1]
Temporary migration
“A new
paradigm of international migration with the new large scale acceptance of
temporary workers”
(Hugo 2006)
•
highly
selective of very skilled persons
–
Of
457 visa holders, 91% had university education
–
Of
WHM, 55.7% had university education
–
Mostly
professionals (50.5 %) and managers/administrators (21.4)
•
younger
than Australian-born workforce
–
2005
survey – median age of 28.7 years vs. 38.6 for Australian born workforce, and
40.3 for permanent migrants
•
Temporary
migrants make a significant economic contribution
•
A
substantial proportion eventually settle in Australia
•
Concentrated
in east coast cities (hence support for regional settlement)
4. Temporary Migrants in Australia
(a) Definition/overview
•
Interesting
domain because of cross-over between employment
relations (ER) and immigration and (increasingly) national
security
•
We
are interested in:
–
ER
rules created specifically for temporary migrants
–
ER
rules which disproportionately affect temporary migrants because of their
characteristics
4. Temporary Migrants in Australia
(b) Purpose
•
Migrants
–
Economic
reasons [Lenard and Straehle 2011, p.2]
–
Other
factors eg family, community, opportunity
•
Business
–
Addressing
skills shortages
–
More
flexible (amenable?) workers, lower wages [McGovern 2007: 223], esp. for women
[p. 224]
•
Government
–
Skills
and investment = > economic growth
–
‘smooth
out’ labour/skills supply and demand
–
‘managing’
permanent migration
–
Humanitarian
reasons
4. Temporary Migrants in Australia
(c) Types
•
Employer
Sponsored Workers:
For people with recognised skills seeking to work in Australia after being
sponsored by an Australian or overseas employer. Subclass 457 – business (long
stay) visa, employer sponsored; also labour agreements for recruitment of a
specified number over a number of years
•
Professionals
and other Skilled Migrants: The General Skilled Migration, for people who are not sponsored by an
employer but who have skills in particular occupations required in Australia.
(Includes those sponsored by eligible relative). Includes provisions for
independent or sponsored regional visas
–
Based
on Skilled Occupation list:
•
Business
People: For people
to come to Australia for a business-related visit. Also for people to
establish, manage or develop a new or existing business, or invest in
Australia.
–
http://www.business.nsw.gov.au/live-and-work-in-nsw/visa-and-migration/business-migration/nsw-sponsored-visa-categories
–
Different
visa categories based on how much is invested; how many years of experience;
business ownership
•
Specialist
Entry: For
people to participate in specific professional, cultural, social or research
activities.
•
Regional
Employment:
Information about options available to encourage skilled migrants to live and
work in areas outside of Australia's major cities.
•
Pacific
Seasonal Worker Scheme: Information for people from Kiribati, Papua New Guinea, Tonga and
Vanuatu seeking to work in Australia under the Pacific Seasonal Worker Scheme.
•
Working holiday: For people aged between 18 and 30 from arrangement countries to have an
extended holiday supplemented by short-term employment. Extensions available
for those who work in particular industries for three months.
•
Students:
With specifications about student work entitlements (40 hours/fortnight)
Find a visa
at http://www.immi.gov.au/visawizard/
4. Temporary Migrants in Australia
(d) Rule-making process
•
ER
rules created specifically for temporary migrants
–
Recruitment
and selection
•
determining
SOL, 457 visas, labour agreements, regional employers
•
ER
rules which disproportionately affect temporary migrants
–
Individual
contracting for high skilled/paid end
–
Minimum/award
wages for trades/low skilled (esp. Pacific workers, WHM, students)
4. Temporary Migrants in Australia
(e) Enforcement
•
Employer
can’t cancel visa but ….
•
Enforcement
of minimum standards, esp. when potential consequences (relatively) more severe
•
Lack
of knowledge about enforcement
