Australian Industrial relation
In order to concluded on the effectiveness and the ability as to which "system" of industrial relations is better suited to resolve conflict, the pros and cons of conciliation and arbitration and enterprise bargaining will be examined. Certain limitation exist with in enterprise based bargaining, some of which were evident in the Hunter Valley Number one coalmine strike and the 1998 waterfront dispute. However enterprise bargaining certainly provided the parties with a flexible tool to try and resolve the dispute internally, resulting in less friction between the parties to some extent. The complex nature of the Australian tribunal system with dual federal and state work relations has some what undermined the ability of conciliation and arbitration to effectively resolve disputes. Nevertheless, C&A will continue to play a vital role in the Australian industrial relations. To try and base one system as better than the other would to some extent be biased, as each system has it own advantages and disadvantages.In the case of major disputes enterprise bargaining has to some extant revealed its vulnerability. It is a fundamental aspect of enterprise bargaining to allow, "protected action" during the bargaining period Petzall, Abb
It is therefore important to note that due to Australia's complex industrial relations, a combination of the two systems is in fact necessary to carry out the goals of both the pluralists and unitarist objectives. This is an advantage for many workers, as being able to negotiate their terms and conditions of employment rather than a tribunal doing it Through the use of EB parties are encouraged through AWA to resolve disputes themselves and also to lodge a dispute resolution procedure as a prerequisite for the approval of the agreement Wolski (1998). ott and Timo (2003) This protection, although a fundamental right by the employees and employers to be used as a bargaining tool, seemed to falter in 1997 with the Hunter Valley number one coal mine and again in 1998 with the waterfront dispute. The commission is required to leave arbitration as a last resort. Reference ListAAA (1994) Negotitating Equity: Affirmative Action in Enterprise Bargaining, Canberra, Australian Government Publishing Service. " The conciliation and arbitration system is based on the notion that the parties to industrial disputes should come together willingly in an informal environment to settle their differences" (De Cieri et al 2003, p. The significance of this trend is highlighted by Alexander and Lewer (2004), whereby 42 560 cases have been presented to the commission in the five and a half year period.
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Acceptance Essays
