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The Right to Strike in Australia


ISBN13: 9781862877931
Published: August 2010
Publisher: The Federation Press
Country of Publication: Australia
Price: Price on Application





This book examines whether there is a right to strike in Australia through a detailed study of the laws which impact on the capacity of workers to take industrial action. Beginning with an exposition of the obligation to respect the right to strike in international law, the book traces Australian strike law from the conciliation and arbitration systems, through to the present regime for enterprise bargaining. The study considers the current legal regime for industrial action, both at common law and under the Trade Practices Act 1974 and the Fair Work Act 2009. In particular, the concept of ‘protected industrial action’ is explored in depth, providing a comprehensive and up-to-date analysis. The book assesses the extent to which the protected industrial action regime under the Fair Work Act complies with Australia’s international obligation to protect the right to strike. The book concludes that compliance with international obligations concerning the right to strike cannot be achieved while successive federal governments refuse to concede to industrial actors the degree of autonomy necessary for recognition of that right.

Subjects:
Employment Law
Contents:
The Right to Strike in International Law
Strike Action and the Conciliation and Arbitration Systems
The Emergence of a Right to Strike in Australia
Liability for Unlawful Industrial Action: The Common Law and Non-Industrial Statutes
Liability for Unprotected Industrial Action under Industrial Legislation
Protected Industrial Action
Payment and Industrial Action
Can Independent Contractors Take Strike Action?
International Standards in Australia: The Challenge of Compliance
Index