151. Work, Commerce and the Law: A New Australian Model?
- Author
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Briggs, Chris and Buchanan, John
- Subjects
REFORMS ,INDUSTRIAL relations ,INDUSTRIAL policy ,LABOR laws - Abstract
This article focuses on the Australian federal government's industrial relations reform initiatives. Time and again the rhetoric surrounding its proposals invokes the mantra that increased freedom of choice is necessary because of changed economic demands. Considerable efforts are being made to limit the statutory or collective determination of substantive rights for individuals at work whilst giving workers and businesses more procedural choices. The preoccupation with increasing choices available to firms and individuals neglects the inequalities of bargaining power which undermines the substantive capacity of workers to exercise these choices. It is important to maximize freedom of choice, but genuine choice also requires effective public standards. The Coalition's reform package will erode key employment standards, enable growing numbers of employers to operate virtually devoid of minimum employment standards and inhibit the courts and tribunals from modernizing employment standards. In this way, the government clearly aims to engineer a decisive shift in the way rights and obligations at work are determined. The reform proposals represent another missed opportunity. There is no question Australian labor law needs modernizing to adjust to new types of work, market pressures and individual lifestyles. But these reforms perpetuate the unfortunate tendency to counterpose standards against flexibility.
- Published
- 2005
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