{"title":"Breakaway Unions: an Australian Case","authors":"J. Teicher","doi":"10.26686/NZJIR.V11I3.3593","DOIUrl":"https://doi.org/10.26686/NZJIR.V11I3.3593","url":null,"abstract":"This paper examines the concept of breakaway unions and places it within the Australian institutional context. The concept is then applied to a particular case involving power station operators, a group of which seceded from one union and merged with another while retaining their group autonomy. This somewhat novel approach to circumventing the constraints of registration under the Conciliation and Arbitration Act highlights the limitations of industrial style unions in representing a diverse membership.","PeriodicalId":365392,"journal":{"name":"New Zealand journal of industrial relations","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125518147","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Industrial Relations in Kiribati","authors":"K. Hince","doi":"10.26686/NZJIR.V17I1.3312","DOIUrl":"https://doi.org/10.26686/NZJIR.V17I1.3312","url":null,"abstract":"This paper examines recent developments in industrial relations in Kiribati and\u0000 questions the appropriateness of continuing with an indurtrial relations legislative framework, procedures and institutions that are a legacy of colonial rule. In recent years there have been moves to revamp this in keeping with local practices. Although the early period after independence brought a union-government confrontation, recent responses suggest that Kiribati may move towards a more pluralist, tripartite approach to industrial relations processes and institutions in the 1990s.","PeriodicalId":365392,"journal":{"name":"New Zealand journal of industrial relations","volume":"111 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126942310","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Case Against Specialist Jurisdiction for Labour Law: The Philosophical Assumptions of a Common Law for Labour Relations","authors":"Nick Wailes","doi":"10.26686/NZJIR.V19I1.3338","DOIUrl":"https://doi.org/10.26686/NZJIR.V19I1.3338","url":null,"abstract":"The aim of this paper is to outline the philosophical assumptions that form the basis of the present call for the abolition of specialist jurisdiction for labour law in New Zealand The discussion here focuses on Epstein's (1983a) \"A common law for labour relations ...\" because it is the key statement of the case against a specialist jurisdiction, and the conclusions he advances have played an important role in the debate about labour law in New Zealand While academic literature has been largely critical of the call for the\u0000abolition of the Employment Court, there have been very few attempts to come to terms with the types of arguments used by the \"abolitionists\". It is argued that an adequate critique needs to be built on an understanding of the philosophical assumptions that are driving the current changes in labour relations legislation.","PeriodicalId":365392,"journal":{"name":"New Zealand journal of industrial relations","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122822186","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Accident Compensation – 1995 and Still Languishing","authors":"G. Duncan","doi":"10.26686/NZJIR.V20I3.3275","DOIUrl":"https://doi.org/10.26686/NZJIR.V20I3.3275","url":null,"abstract":"With the publication of the latest policy review of ACC, Accident Compensation 1995, the question of deregulating injury insurance in New Zealand has once again come to the fore. Action on ACC legislation, although openly ackno'vvledged by all commentators as a necessity, has been slow in coming due to disagreement about the basic premises of rights, entitlements and institutional arrangements and an uncertain balance of power in Parliament. The present article examines the debates around deregulation and efficiency, the principles of \"no fault\" and \"no right to sue\", and the failure of the current regulatory regime.","PeriodicalId":365392,"journal":{"name":"New Zealand journal of industrial relations","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123010442","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Trade Unions and Politics in New Zealand","authors":"J. Deeks","doi":"10.26686/NZJIR.V2I1.2424","DOIUrl":"https://doi.org/10.26686/NZJIR.V2I1.2424","url":null,"abstract":"A number of recent events in New Zealand have focused public attention on the role of the trade unions in the political arena and on the relationship between the trade unions and the government.","PeriodicalId":365392,"journal":{"name":"New Zealand journal of industrial relations","volume":"161 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114243191","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Employers' Use of Lockouts under the Employment Contracts Act 1991: A New Balance of Power?","authors":"R. Macfie","doi":"10.26686/NZJIR.V17I3.3332","DOIUrl":"https://doi.org/10.26686/NZJIR.V17I3.3332","url":null,"abstract":"Since May 1991 lockouts have become a more familiar feature of New Zealand's\u0000industrial relations environment, and have been used to powerful effect by employers on a number of well-publicised occasions. It has been argued that the Employment Contracts Act is not responsible for this development. This argument rests primarily on the fact that the ECA's lockout provisions were inherited from the Labour Relations Act. This paper examines the case law on lockouts under the ECA, and argues that the bargaining environment created by the ECA has made the lockout a more powerful, and the~efore more attractive, weapon than was the case under the LRA.","PeriodicalId":365392,"journal":{"name":"New Zealand journal of industrial relations","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116611609","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Industrial relations in smaller countries: Introduction","authors":"G. Anderson","doi":"10.26686/NZJIR.V6I3.2520","DOIUrl":"https://doi.org/10.26686/NZJIR.V6I3.2520","url":null,"abstract":"This issue of the Jounral introduces the first of what the editors hope will be a regular series of synoposia on industrial relations topics of special relevance to our predominantly New Zealand readers, but also to those abroad. The first topic \"Industrial relations in smaller countries\" was chosen because the editors hoped that it would allow a comparison of how some smaller countries have developed their industrial relations systems to cope with the problems that small size creates. The four countries represented: Austria, NorWay, Switzerland and the Republic of Ireland are all apparently similar to New Zealand in certain obvious aspects. These include their small populations, a high percentage of G.D.P. involved in foreign trade and the fact that they all are developed, western, democratic societies with a high standard of living.","PeriodicalId":365392,"journal":{"name":"New Zealand journal of industrial relations","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116626886","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legal change and labour market restructuring in Western Europe and the US","authors":"S. Deakin","doi":"10.26686/NZJIR.V16I2.3103","DOIUrl":"https://doi.org/10.26686/NZJIR.V16I2.3103","url":null,"abstract":"The major chang.es that have taken place in the New Zealand labour market since 1984, and which are reflected in recent changes to the welfare system, are not unique and follow trends that have developed in other OECD countries in the last decade. One of the most significant of these trends is legislative and other moves to encourage greater \"efficiency\" in the labour market. Deregulation, involving the withdrawal of legal guarantees of employment protection and union organization, is only one of the techniques which governments have used in an attempt to promote labo,ur market flexibility over the past decade. In continental Europe new forms of employment and the flexibilization of working time have been encouraged without dismantling the framework of employment rights. In many cases this has involved an extended role for collective bargaining and worker representation at plant and company level. In the US and Britain, by contrast, flexibility has been pursued at the cost of destabilizing the employment relationship, undermining training and job quality.","PeriodicalId":365392,"journal":{"name":"New Zealand journal of industrial relations","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128740061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Australian Domestic Pilots’ Dispute of 1989 and Its Implications: An Interpretation","authors":"J. Burgess, Richard B. Sappey","doi":"10.26686/NZJIR.V17I3.3330","DOIUrl":"https://doi.org/10.26686/NZJIR.V17I3.3330","url":null,"abstract":"The 1989 domestic pilots' dispute in Australia provided a stark demonstration of the underlying conflict and tensions of the neo-corporatist Prices and Incomes Accord. The pilots proposed a wage increase outside of the Accord guidelines but of comparable tnagnitude with the wagge increases received by senior executives within the airline sector and senior public servants. A protracted campaign saw the government and employers, with the tacit support of the ACIU, use a range of extreme measures against the Australian Federation of Air Pilots. Eventually, industrial peace was returned to the domestic airline sector. However, the costs, financial and emotional, of the dispute were considerable. The government restored industrial \"order\" but left considerable disquiet and division within the Australian trade union movement. The dispute established many important precedents for the business sector and the opposition Liberal/National Parties coalition in their push for labour market de-regulation in Australia.","PeriodicalId":365392,"journal":{"name":"New Zealand journal of industrial relations","volume":"08 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129484554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Compulsory arbitration and the state sector","authors":"H. Roth","doi":"10.26686/NZJIR.V12I3.3619","DOIUrl":"https://doi.org/10.26686/NZJIR.V12I3.3619","url":null,"abstract":"\"Nothing in this Act shall apply to Her Majesty the Queen, or any department of the Government of New Zealand\", said section 91 of the original Industrial Conciliation and Arbitration Act of 1894, but there was a saving sentence \"except as herein is otherwise expresslly provided\". What was expressly provided was spelled out in Part lV. sections 82 to 84 which applied the act to the govemment railvays. This raises two questions: Why were railwaymen included in a measure which otherwise applied to the private sector only? and, why were railwaymen the only government employees covered by the arbitration act? My paper addresses these questions and reaches the conclusion that fear of a national transport strike as the main reason for the inclusion of railwaymen though the reasons for the exclusion of other government employees are less clear-cut. The paper then explores the attitudes of state employee organisations to the compulsory arbitration system up to the establishment of the first wagefixing tribunal in the state sector, patterned on the Arbitration Court, in 1944, and concludes with a brief survey of more recent developments.","PeriodicalId":365392,"journal":{"name":"New Zealand journal of industrial relations","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130104677","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}