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

Published online by Cambridge University Press:  01 January 2023

Shae McCrystal
Shae McCrystal*
Affiliation:
ANU College of Law
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Abstract

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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.

Type
Work Choices: A Critical Analysis
Information
The Economic and Labour Relations Review , Volume 16 , Issue 2: Work Choices: A Critical Analysis , May 2006 , pp. 193 - 213
Copyright
Copyright © The Author(s) 2006

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