Shifting the Balance of Power in Collective Bargaining: Australian Law, Industrial Action and Work Choices

Shae Mccrystal*

*Corresponding author for this work

    Research output: Contribution to journalArticlepeer-review

    5 Citations (Scopus)

    Abstract

    The Workplace Relations Amendment (Work Choices) Act 2005 (Cth) effects significant changes to the provisions of the Workplace Relations Act 1996 (Cth) governing industrial action in the federal workplace relations system. This paper examines these changes, situating them in the context of the historical relationship between law and industrial action in Australia, and evaluating the impact of the changes on the balance of power in voluntary collective bargaining. The paper argues that the Work Choices changes have elevated the power of employers, and protection of third party welfare, above access to the right to strike for employee participants in collective bargaining.

    Original languageEnglish
    Pages (from-to)193-213
    Number of pages21
    JournalEconomic and Labour Relations Review
    Volume16
    Issue number2
    DOIs
    Publication statusPublished - May 2006

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