- Title
- What is distinctive about the Fair Work Regime?
- Creator
- Bray, Mark; Stewart, Andrew
- Relation
- Australian Journal of Labour Law Vol. 26, Issue 1, p. 20-49
- Relation
- http://www.lexisnexis.com.au/aus/search/search.aspx?q=Australian%20Journal%20of%20Labour%20Law
- Publisher
- LexisNexis Butterworths
- Resource Type
- journal article
- Date
- 2013
- Description
- This article aims to analyse the Fair Work regime in historical perspective and identify its distinctive features compared to four previous labour law regimes in Australia: the arbitral model before 1993; the enterprise bargaining model embodied in the Industrial Relations Reform Act of 1993; a ‘hybrid’ model introduced by the Workplace Relations Act 1996 that sought to ‘individualise’ rule-setting, though not entirely at the expense of collective agreement-making; and the individual contracting model delivered by the Work Choices amendments of 2005. The historical analysis is based on an approach which gives priority to the processes of rule making embodied in and promoted by national labour laws. The Fair Work regime is revealed as dissimilar to both the historical arbitral model and the individual contracting approach promoted by the Howard Government, and much more similar to the enterprise bargaining model adopted by the Labor Party in 1993. Even these similarities, however, can be exaggerated because of the significantly different approach to collective agreement-making. The Fair Work regime is a distinctly odd creature.
- Subject
- labour laws; Australia; Fair Work regime; Work Choices
- Identifier
- http://hdl.handle.net/1959.13/1058049
- Identifier
- uon:16320
- Identifier
- ISSN:1030-7222
- Language
- eng
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