Unfair Labour Practices, Trade Union Victimisation and Voice: A Comparison of Australia and the United Kingdom
22 Pages Posted: 22 Jul 2015
Date Written: August 26, 2013
Abstract
The protection of collective worker voice in common law countries with strong collectivist traditions like Australia and the UK is problematic where collective bargaining and trade unions are no longer promoted by state apparatus. This paper examines the changing nature of voice in the context of freedom of association protections in these two jurisdictions. We examine the effects of declining union security on trade union victimisation rights and consider whether increasing constitutionalisation of labour law results in a weakening of individual and collective voice. A particular focus of the paper concerns the individualisation of collective processes in the Australian Fair Work Act.
Keywords: worker voice, collective versus individual, constitutionalisation of labour law, freedom of association, trade unions, Australia, UK
JEL Classification: K31, K39
Suggested Citation: Suggested Citation