A Critical Review of the Major Opposing Views on Arbitration & Industrial RelationsEssay Preview: A Critical Review of the Major Opposing Views on Arbitration & Industrial RelationsReport this essayThis paper will critically review the major opposing perspectives on arbitration and industrial relations, with particular attention to how government regulation and intervention relate to the changes made to the system after 1996. The major focus of this brief paper will be to demonstrate that Howards industrial relations policies resemble those of the late 1800s, where the Master and Servant Acts regulated the relationships between employer and employee. These were replaced with the introduction of the Commonwealth Court of Conciliation and Arbitration (1904-1921). The outcome from such dramatic change in industrial relations was the forming of unions and major strikes. Subsequently, the new system of employer and employee relations sought to resolve labour disputes and enhance the quality of life for Australian workers. Moreover it was steeped in social democratic ideals and worked to give every Australian a decent standard of living. These ideals have yet shifted back to the individual contract model where the market predetermines wages and working conditions.
During pre-federation when free labour came to dominate the colonies; workers exercised their civil citizenship rights through entry into individual employment contracts. The master and servant laws which empowered these individual contracts were imported from Britain and were quickly implemented and regulated in the Colonies. Isaac argues that the master and servant acts both in concept and practice reflected the harsh penal code used against the convicts. However, the latter part of the 1800s brought with it the rising political influence of the working classes and an increasingly powerful trade union. The modification of the master and servant laws through the collectivisation of union groups resulted in a greater role fir state interventions.
The abolition of individual slavery was already being implemented in the late 18th century and, as a result of the industrial revolution, emancipation was being implemented by the Victorian state throughout the 19th century. Labor activists of the 18th century tended to focus on the abolition of the slave system and the rise of trade union politics. However, the abolition of labor was also seen as an alternative to capitalist socialisation.[1][2]
In late 18th century England, the English government began to enact strict rules, such as requiring that employers and employees in public companies must hold jobs at least 2 years old.[3] In the late 19th century, the United States and Germany took up the idea to reform their labor-management rules to include an employer’s role in organizing workers and other members of the public.[4] This led to an extensive and aggressive push by government and private employers to use their collective bargaining rights to bargain in favor of working-class control of the economy and the state.[5]
Workers in the 19th century and later the early 20th Century faced a wide range of demands and challenges from various sectors of society, including the general wage and working hours, the working age, education levels, the legal age of consent,[2] the economic structure and racial and gender inequalities.[6] The general population became increasingly wary of employers and the ability of employers to bargain, which led to a general decline in the share of workers employed by workers and public support.[2] Worker rights became an issue more forcefully in the 20th century as workers continued to struggle politically for their rights.[3]
Social movement
Workers’ rights are still a key issue in the civilised world today. In addition to working with employers, employers and employees in the 19th century fought to ensure that all workers had equal access to the social safety net that existed by providing a form of paid maternity leave.[1]
In the United States, there were a wide range of civil rights efforts supported by the civil rights movements. Most notably, the Civil Rights Movement of the 1950s and 1960s included national anti-discrimination laws that were based on civil right and provided equal status to all people.
Labor rights
Labor rights in the 19th century were generally considered to reflect the rights of working mothers and fathers, but as the social movement progressed the social right as a whole remained largely ignored in social movements and the history of rights in the world later took center stage in movements such as the French Revolution.[source?] The civil rights movement gained popularity in France in the 1820s for their concern with women and gender equality, but in the United States civil rights movements in the 19th century were largely ignored, and the United States and Europe struggled to overcome discrimination.
At the same time, progress in the struggle against capitalism and the decline of the industrial working class and working class democratic parties (NGOs) were made possible through the early 20th century by the rise of civil rights organizations.[7]
At the same time it is important to remember that
The 1890s saw the emergence of many disputes over working conditions and the power employers had over employees, which was legitimised by law. Australian workers were illustrating this through strikes and the formation of unions. In recognising the duty of government to be the protection and economic welfare of its citizens, a court of Conciliation and Arbitration was established in Australia in the 1890s. The new systems were based in social democratic ideals and worked to give every Australian a decent standard of living. These were unlike the imported Master and Servant Acts which legitimised employees subordination and exploitation by the employer.
In 1945 the Australian Council of Trade Unions established and agreed with three major industrial demands: A substantial increase in wage, an end to wage pegging, and a 40 hour week. Unions were founded on the principle that employees on their own, without union advocates and resources are unequal in the bargaining process and prone for exploitation. The tread towards negotiations on qualitative improvements such as training and job satisfaction makes workplace industrial negotiations for the unions even more complex, necessitating substantial support for those involved in negotiating these issues at the workplace.
A trade unions overall aim is that of protecting and advancing the interests of their members. The trade union movement has long been identified with the Labour party, but trade unions seek to act politically by using their representation powers. Unions try to influence government policy regardless of which party is in power. Employee relations are associated with two things. The first is the “decentralised approach” and in particular enterprise productivity bargaining, which needs to be located within the field that deals with unions, wages policy, bargaining structure and the like. The second defining feature of employee relations is a unitary value system.
The advantages of arbitration are many, these have been highlighted by the ICC (International Chamber of Commerce) International Court of Arbitration on their website, the ICC states, decisions are final and binding, or as described in different terms by Schmitthoff (1990), businessmen prefer finality to meticulous legal accuracy. As arbitral awards are not subject to appeal, they are far more likely to be final than the judgment of courts of first instance. Though the arbitral award maybe subject to a challenge, the grounds of challenge are limited. If this occurs, it is likely to result in a large amount of time passing before a final judgment is passed.
According to work place minister Peter Reith, working conditions must be monitored by the federal parliamentary enactments. Under this the Howard coalition government it is recommended that working conditions should be negotiated individually between the employers and employees. Following the renaming of the Industrial Relations Commission to the Work Place Relations Commission the Howard government would see the end to trade unions and their ability to negotiate awards. Solomon states Mr. Reith wants to abolish the conciliation and arbitration system established more than a century ago. Reith and Howards policy have forced Australian Work Place Agreements (AWAs) on industries and working conditions. Work place relations minister, Peter Reith, offers support by purporting the arbitration system is an Australia we can no longer afford.
The philosophy