Assessment research assignmnet Paper Example | Topics and Well Written Essays - 1500 words

Assessment assignmnet - Research Paper Example This power imbalance arises at various stages of the employment relationship, commencing when they seek employment and extends even after their employment has been terminated (Hogbin, 2006, p.13). This theory was propagated by Karl Marx who argued that the bargaining table was tilted in favor of the employer, and who could, as a result, exploit their stronger bargaining position to the detriment of the employees; driving their wages to subsistence levels (Hogbin, 2006, p.1). This imbalance necessitates special regulations in the labor sector. In addition, it is a fundamental human right under the International Labor Organization (ILO). It is enshrined in two key ILO conventions; 87 and 98- 1948 Freedom of Association and Protection of the Right to Organize and Right to Organize and Collective Bargaining (1949) respectively, both of which have been ratified by Australia. Individual contracting, while it can be useful for those with strong bargaining power, it is not a solution to empl oyees without bargaining power and can be used to undermine labor standards (Cooper, Ellem & Todd, 2012, p.7). According to Sewerynski (2003, p.223) collective bargaining has a horde of benefits to both the employer and the employee. It enhances the strength and stature of employee unions. They also harmonize employment conditions across the industry and seek to eliminate chances of labor disputes. To add, it has a way of increasing the weight of employee’s dispute. This is because if a complaint is made by an individual employee, the employer can easily ignore it with minimal repercussions. Prior to 1993, there were no legal provisions for collective bargaining in Australia. Nevertheless, the system was collective in nature, with informal collective bargaining taking place in the form of negotiation over award payments, and industrial actions (ACTU, 2006, p.5). Subsequent agreements were given legal effect through consent awards subject to the approval of the commission. In addition, for almost a century, arbitration tribunals had settled industrial disputes between employer and employees, through making and awards that applied to the whole industry that applied to all employees, whether or not they were members of a union (Cooper, Ellem & Todd, 2012, p.5). Subsequently, the Howard government was determined to eliminate this collectivism from the system, instead, advocating for individual contracts (ACTU, 2006, 4). Some of the changes introduced affected collectivisms on two fronts; there were those that were designed to alter collective bargaining, and those meant to impair the effectiveness of the trade unions. This was achieved through the enactment of the Workplace Relations Act, 1996 and the Work Choices amendments of 2005(Cooper, Ellem & Todd, 2012, p.5). The former, was the first Employment relations legislation to make use of corporation power provided under section 51(XX) of the Australian Constitution rather than the conciliation and arbitrat ion power under section 51(XXXV) (IRJ, n.d. 23). With regards to bargaining, the 1996 Act introduced statutory Australian Workplace Agreements (AWAs). AWAs could override both the awards and collective agreements. In fact, such agreements could form a pre-condition of employment