{"title":"The potential impact of the Fair Work Amendment (Secure Jobs, Better Pay) Act 2022 on collective bargaining in Australia: Reviewing the new multi-employer bargaining provisions and other measures to promote bargaining","authors":"Anthony Forsyth, Shae McCrystal","doi":"10.1177/00221856231198156","DOIUrl":"https://doi.org/10.1177/00221856231198156","url":null,"abstract":"2022 was a year of major change in the legal framework for industrial relations in Australia. Newly elected in May 2022, the Albanese ALP Government immediately commenced an ambitious reform agenda for labour relations, convening a National Jobs and Skills Summit in September 2022, and shortly thereafter achieving the passage of the Fair Work Legislation Amendment ( Secure Jobs, Better Pay) Act 2022 (SJBP Act). One central aim of the SJBP Act was to address shortcomings in the legal framework for collective bargaining found in the Fair Work Act 2009 (FW Act), and to this end, the amendments introduced new provisions for multi-employer bargaining, made changes to the agreement approval provisions and changed the bargaining landscape around intractable disputes. This article examines key aspects of the SJBP Act impacting collective bargaining in Australia. In particular, we consider the new provisions for multi-employer bargaining in the ‘Single Interest Employer Bargaining’ stream along with amendments of the FW Act relating to the commencement of bargaining for single-enterprise agreements, agreement-making using small voting cohorts, the resolution of intractable bargaining disputes, applications to terminate enterprise agreements, and the sunsetting of the so-called ‘zombie’ agreements. This analysis of the new legal provisions is situated in the context of recent union campaigns and bargaining disputes at various Australian employers, enabling us to explain the rationale for the amendments and assess their practical utility and limitations.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135298604","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Extended editorial and overview of orientations to past, present and future annual reviews","authors":"Lucy Taksa, Amanda Pyman","doi":"10.1177/00221856231202568","DOIUrl":"https://doi.org/10.1177/00221856231202568","url":null,"abstract":"In this issue, we introduce a new initiative relating to the journal’s approach to annual reviews. In doing so, we are mindful of the great interest among academics and students in the approach that has been taken in the past. We acknowledge with appreciation the efforts of previous Editors-in-Chief (Marian Baird and Bradon Ellem) and Associate Editors (Stephen Clibborn, Rae Cooper, Alex Veen and Chris G. Wright) to ensure coverage of important subjects pertaining to the industrial relations scene in Australia in annual reviews, notably the labour market; women, work and industrial relations; unions and collective bargaining; employer and employer association matters; industrial legislation; and major court and tribunal decisions with additional practitioner reviews. We particularly acknowledge the scholars who have contributed to annual reviews on a three-yearly appointment basis on these specific topics. However, we are of the view that on the eve of the journal’s 65th year in 2024 and in light of interesting and critical developments in Australian industrial relations since the change of the federal government in 2022, it is time to shift to a broader, thematic approach that can enhance the depth of commentary, while still encompassing the traditional topics and actors that have been the focus of past annual reviews. To illustrate that change is not entirely alien to the Journal of Industrial Relations (JIR) and to provide readers with our rationale for the change of approach, this extended editorial provides an overview of the journal’s history of reviewing past developments, highlighting orientations and notable gaps. In fact, the approach that readers have come to know was formally introduced soon after the journal shifted from the University of New South Wales (NSW) to the University of Sydney in August 1999. The subsequent issue in September of that year, Vol. 41, No. 3, was produced collaboratively by the outgoing and incoming editorial teams and the papers covered topics that the journal had covered in the past and that would continue to be examined in the foreseeable future. As outlined by the incoming editors, Ron Callus and Russell Lansbury in their editorial in 2000 (Vol 42, No. 1), annual reports would be ‘mainly devoted to reviewing events’ of the preceding year, in relation to ‘legislative Editorial","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135688397","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Developments in collective bargaining during 2022 and their implications for the future","authors":"Jonathan Hamberger","doi":"10.1177/00221856231198399","DOIUrl":"https://doi.org/10.1177/00221856231198399","url":null,"abstract":"2022 saw a slight increase in the willingness of unions to use or prepare to use industrial action as part of collective bargaining. However, pay rises for employees covered by enterprise agreements generally lagged those received by the broader workforce. Employees on average saw a significant cut in their real wages. Towards the end of 2022, the recently elected Albanese government made several changes to the bargaining provisions contained in the Fair Work Act 2010 (the FW Act) with the explicit goal of increasing the pace of wage rises. By increasing union bargaining power, it is likely that these amendments will eventually lead to a higher rate of wage growth than would otherwise be the case, though a number of factors may limit likely size of any such effect.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49194518","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Collective bargaining and low-paid women workers: The promise of supported bargaining","authors":"Sara Charlesworth, Fiona Macdonald","doi":"10.1177/00221856231198880","DOIUrl":"https://doi.org/10.1177/00221856231198880","url":null,"abstract":"This paper assesses the promise of the supported bargaining (SB) stream of multi-employer bargaining to address persistently low wages in feminised industries. Introduced in 2022 amendments to Australia's Fair Work Act 2009 (Cth), the SB stream replaces the failed low-paid bargaining stream which also sought to widen access to collective bargaining for low-paid workers. We outline the substantive changes introduced by the SB stream: in the contexts of the historical failure of enterprise bargaining to achieve wage increases for women workers; and of gender equality reforms introduced in the 2022 amendments. In assessing the SB stream's potential, we highlight the less restrictive criteria for inclusion and a more active role for the Fair Work Commission in approving and facilitating multi-employer bargaining. We conclude that the continuing primacy of single-enterprise bargaining in the Fair Work Act, the restriction of SB to multi-employer rather than sector-wide bargaining, and the weakness of underpinning awards will limit the effectiveness of SB in achieving meaningful pay increases in feminised sectors. However, the 2022 gender equality reforms offer other potential mechanisms to address low wages in feminised industries, both in wage-setting in annual minimum wage reviews and in award variations through equal remuneration or work value claims.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46114239","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Coffee and cigarettes in industrial relations: A comparative network analysis of the role of informality","authors":"A. Godino, O. Molina, J. Martí","doi":"10.1177/00221856231194760","DOIUrl":"https://doi.org/10.1177/00221856231194760","url":null,"abstract":"Literature commonly links the role of informality in collective bargaining to industrial relations systems based on voluntarism and decentralized negotiation settings. According to this view, informal processes won’t exist or at best play a marginal role in institutionally strong industrial relations systems, where formal rules define the roles, rights and duties of actors in the system. Yet, even in highly regulated contexts, formal and informal mechanisms very often co-exist and complement each other to help reach agreements or solve conflicts among actors. A relational approach and social network analysis applied to the study of the retail sector in Italy, Netherlands and Spain allows to understand the role of informality in countries with different industrial relations regimes. The analysis shows the importance of informal interactions and events in all countries, irrespectively of the industrial relations regime, and confirms the positive contribution of relational approaches to the study of collective bargaining linking with the literature on the embeddedness theory and structural holes.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2023-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44243480","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Tragic performances? How unions stage their online identity","authors":"V. Pasquier, Christian Lévesque, M. Hennebert","doi":"10.1177/00221856231192322","DOIUrl":"https://doi.org/10.1177/00221856231192322","url":null,"abstract":"With the rise of social media, unions are increasingly performing their identity on the digital scene. While this displacement has generated much academic speculation, the literature still largely ignores how unions concretely stage ‘who they are’ on social media. This article elaborates upon Goffman's approach to identity performance by analysing how eight Quebecois trade unions present themselves online. The findings highlight four types of online identity performance: self-caricaturing bureaucracy, fading service provider, opponent polarizing and community narcissizing identity performance. The article makes two main contributions to the literature. First, it enriches debates about unions’ use of social media by showing that digital technologies may not be considered as universally good, bad or neutral for unions’ online identities. Second, it contributes to discussions about the nature of unions’ identities by highlighting how communicational spaces help to shape them.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47814953","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Angel Martin Caballero, S. Ugarte, Paula Cornejo-Abarca
{"title":"Beyond the surface: Unpacking the opportunity structure for gender equality bargaining in Chile","authors":"Angel Martin Caballero, S. Ugarte, Paula Cornejo-Abarca","doi":"10.1177/00221856231193921","DOIUrl":"https://doi.org/10.1177/00221856231193921","url":null,"abstract":"By analysing the interrelations between the regulatory framework, organisational dynamics and gender politics, we assess the challenges for Gender Equality Bargaining in Chile. Several factors in the political arena drive an optimistic outlook: feminisation of trade unions, new working rights for women and a recent labour reform which introduces new mechanisms to foster gender equality through collective bargaining. We wonder how these progressive movements cope with an evolving and increasingly fragmented institutional and organisational context. The empirical work is based on interviews with policy experts, labour inspectors and female union leaders from the mining, retail and banking sectors. The findings suggest a significant disconnect between how these debates are framed on gender politics and what happens at the regulatory and organisational levels in terms of policy design, implementation and enforcement, which ultimately undermines GEB. The article contributes to a greater understanding of the interrelationships between the factors that constitute the opportunity structure and the importance of looking at different spheres of regulation. The paper concludes that progressive gender politics must be combined with more structural reforms to the industrial relations system to pursue more successful outcomes.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2023-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47740326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A world of unstable jobs is far from the empirical trends displayed in the Irish labour market in the 21st century","authors":"C. Murphy, Thomas Turner","doi":"10.1177/00221856231193295","DOIUrl":"https://doi.org/10.1177/00221856231193295","url":null,"abstract":"Labour market dynamics are complex, limiting the capacity for consensus on a singular phenomenon to account for patterns. In this paper, we present a range of broader empirical trends from the Irish labour market that suggests the possible impact of neoliberal-type policies in the Irish market has been counterbalanced by strong human capital and skills development, growth in higher level occupations and employment protection. Though precarious work is a feature of parts of the labour market, the theoretical assumptions underpinning precarious work we argue should not be extrapolated to explain changes in job stability in the labour market at large.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2023-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41421295","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The union difference: Experiences of five-star hotel workers in Cambodia during COVID-19","authors":"M. Ford, Soksamphoas Im","doi":"10.1177/00221856231193300","DOIUrl":"https://doi.org/10.1177/00221856231193300","url":null,"abstract":"This article examines unions’ role in mitigating the impact of COVID-19 on hotel workers in Siem Reap, Cambodia's most popular tourist destination. The article analyses the experiences of unionised and non-unionised hotel workers before and during the pandemic, drawing on data collected from one non-unionised and three unionised hotels. Data was collected through in-depth qualitative interviews with management, workers, workplace union officials, as well as with national federation leaders and government officials. Our analysis of that data revealed that unionised hotel workers received far better support from their employers and the government than non-unionised hotel workers, and that their unions played an important role in securing these benefits. This suggests that, in the absence of union power, international reputation was not enough to protect workers during COVID-19.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2023-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43665315","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}