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

Lambropoulos, Victoria E and Wynn, Michael, Unfair Labour Practices, Trade Union Victimisation and Voice: A Comparison of Australia and the United Kingdom (August 26, 2013). Adelaide Law Review, Vol. 34, No. 1, 2013, Available at SSRN: https://ssrn.com/abstract=2633860

Victoria E Lambropoulos (Contact Author)

Central Queensland University ( email )

Capricorn Highway
Emerald, QLD 4720
Australia

Michael Wynn

Kingston Law School ( email )

United Kingdom

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
345
Abstract Views
2,234
Rank
159,262
PlumX Metrics