Using theoretical frameworks outlined in the lecture given in week 3, explain to Ms CCCCC the different ways in which the employment relationship can be conceptualised Dear Ms CCCCC, firstly we want to define what industrial relations is. An industrial relations is a policy that approaches the employees, and acts as a reference for the management, where the actions that underlies the industrial relations is set by a formal authority in the organisation (Brewster, Gill, Richbell, 1981). The legislation of industrial relations, Fair Work Act 2009 is important, as it has a goal to create fairness with obligations and rights between an employer and employee. Any changes or development in the legislation will have obvious impact on the industrial relations. The Fair Work Act 2009 will be discussed furthermore later. Another name for industrial relations is employment relationship, and it can be divided into three steps, economic exchange, power relationship and continuous and open-ended contract. The first group, economic exchange under the name of industrial relations is the relationship between an employer and employee based on an agreement over the sale of the employee’s work. Generally the employer have more power on the employee when it comes to terms and conditions of the work (Blades, 1967). But there are also other parts of the contract the employer has less influences on, for example the wages and working hours, that is already determined by the legal laws, the Fair Work Act 2009. As highlighted before, the law will be furthermore discussed later. The second element, power relationship is where the employee agrees to work for the authority, and accepts the directions of the employer. It demands a certain commitme... ... middle of paper ... ..., tasks that they can see themselves develop has to be done to the employee. This can increase the effort and performance in the work, and most important of all, strengthen the employment relationship. Resources: Brewster, C. J., Gill C. G., Richbell, S., 1981, ”Developing an Analytical Approach to Industrial Relations Policy”:, Personnel Review, Vol 10, no. 2, pp. 3-10. Blades, E. L., 1967, ”Employment at Will vs. Individual Freedom: On Limiting the Abusive Exercise of EmployerPower”, Columbia Law Review, Vol 67, no. 8, pp. 1404-1435. Fox, A., 1966, “Managerial Ideology and Labour Relations”, British Journal of Industrial Relations, Vol 4, pp. 366-378. Rousseau, D., M., 1990, ”New hire perceptions of their own and their employer’s obligations: A study of psychological contracts”, Journal of Organizational Behaviour, Vol 11m no. 5, pp. 389-400.
Sloane. A. A., Witney, F. (2010). LABOR RELATIONS (13th editions). Prentice Hall. Upper Saddle River, NJ
...lley, W. H., Jennings, K. M., Wolters, R. S., & Mathis, R. L. (2012). Employment & Labor Relations. Mason, OH: Cengage Learning.
Blanpain, R and Bamber, G J. (2010). Comparative Labor Law and Industrial Relations in Industrialized Market Economies: Xth and Revised Edition. Alphen aan den Rijn: Kluwer Law International.
Bennett-Alexander, D.; Hartman, L (2012) Employment Law for Business 7th Edition. New York, NY. McGraw-Hill Companies Inc.
These are best encapsulated under s 171 of Part 2-4 where the objectives of enterprise agreements are summarized ‘to provide a simple, flexible and fair framework that enables collective bargaining in good faith, particularly at the enterprise level, for enterprise agreements that deliver productivity benefits’ and ‘to enable FWA to facilitate good faith bargaining and the making of enterprise agreements…’ To support this objective, the FW Act in comparison to modern awards, which are subject to more prescription, less heavily regulates enterprise agreements by statute. This is to accommodate the flexibility that is evident in modern employment relationships, and allows employers and employees to negotiate on a wide range of matters specific to the needs of that particular workplace. Essentially, by structuring wages and conditions appropriate to a specific enterprise, the workplace will be more efficient and productive. In order to facilitate this tailored arrangement but remain regulated and prevent an uneven balance of power, the FW Act describes content that is lawfully permitted when constructing an enterprise agreement, and explicitly outlines content to be included, and content that is unlawful to
From the beginning, the American Federation of Labor (AFL) set out to be a different. Rather than focusing on remolding American life and the institutions in control of American life, the AFL sought to better workers lives by securing higher wages, a shorter work day, and more favorable working conditions (Holley, Jennings, & Wolters, 2009). The AFL also divided membership up by trade, recognizing that different skilled trades had individualized needs (Holley, Jennings, & Wolters, 2009). The Haymarket Riot, Homestead Incident, and the Pullman Strike all played a role in the rise and decline of the AFL.
Labor relations have emerged as an important element in the work environment since they help determine labor practices. Regardless of the industry or market where they operate, organizations are required to have policies that contribute to fair treatment of employees as part of ensuring effective labor relations. While organizations and employers understand the significance of effective labor relations, some of them do not ensure suitable labor policies and practices for employees, which results in significant challenges. This tendency has contributed to the emergence of labor unions that adopt various measures and approaches towards promoting effective labor practices and relations in the work environment. The unions utilize the various measures including collective bargaining based on the provisions of The National Labor Relations Act.
...: Cornell University, School of Industrial & Labor Relations Stable retrieved on:20th April, 10 URL: http://www.jstor.org/stable/30038608 Accessed: 30/12/2009 02:26
“Conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any state” (Commonwealth of Australia Constitution Act 1900 (Imp) ). During the drafting of the constitution this quote was written in. I believe Australia has shaped continuously developing system to help arbitrate and control conflict between employers and employees. For the following essay I will provide a brief history on Australia’s employment relations, factors that lead to the development of the system, an overview of conflict and the factors I believe that have attempted to controlling the conflict within the industry but has no yet been successful.
The concept of industrial relations involves the interaction of employers and employees, for that reason without power and authority will be a lack of direction and control over the system of industrial relations. Authority frequently comes from the duties and responsibilities delegated to a position holder in a bureaucratic structure whilst Power is the possession of authority, control, or influence by which a person influences the actions of others, either by direct authority or by some other, added intangible
The two terms labour-management relations and employer-employee relations are synonymously used. However, Scott and associates have distinguished between labour relations and employee-relations- the former to represent union-management/labour-management relations, and the latter to cover all management-employee relations except the former. We shall now examine the concept of industrial relations with the help of some definitions so as to understand its various
One of the most prominent forms of legislative and institutional frameworks within NZ include Employment Relations Act 2000 (ERA). The establishment of ERA is considered a shift towards decentralization of E.R in New Zealand. The main objective of E.R is to promote trust-building and goodwill at workplace to improve the E.R. Hence, it encourages productive E.R relation by promoting collective bargaining. Furthermore, it recognises the inherent inequality of power between the employer and the employee. Moreover, mediation is encouraged as a primary source of conflict resolution in ERA (Rasmussen, 2009). Additionally, it provides institutional framework for the collective employment agreements (CEAs) and individual employment agreements IEAs
The laws and regulations surrounding Industrial Relations since the 1900’s have, at each reform, placed tighter constraints on the amount of power unions are able to exert. The reforms have also radically increased managerial prerogative, through an increased use of individual bargaining, contracts and restrictions imposed on unions (Bray and Waring, 2006). Bray and W...
Employment relationship has a substantial effect on the employees work performance and the overall organisations success (Randmann, 2013). However, individuals attitudes and behaviours in the organisation do not fully correspond to the formal written employer contract, but it’s to a large extend influence by the individuals perception of one’s obligation, promises made by the employer and how well the employer has fulfilled ones obligations (Shore,2006). A fulfilled obligation in an employment relationship results in more desirable benefits for organisations. Throughout the employment relationship employees and employers will try to make sense of the social context in which they work, and this sense-making affects their perceptions attitudes and subsequent actions. Therefore, the psychological contract deals with the pattern of unwritten beliefs held by the employee and organisation about the exchange relationship that operates between them (Rousseau, 1995).
There are many different approaches and theories regarding industrial relations nowadays. In order to mount an opinion on which is the ‘best’ or most appropriate theory of industrial relations, each theory will have to be analyzed. The three most prevalent theories of industrial relations which exist are The Unitarist theory, The Pluralist theory and The Marxist theory. Each offers a particular perception of workplace relations and will therefore interpret such events as workplace conflict, the role of trade unions and job regulation very differently. I will examine each of these theories in turn and then formulate my own opinion regarding which is the ‘best’ or most appropriate theory.