労使関係法の改正と企業別交渉・協定

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概要

• 論文の詳細を見る

• The legal institutionalisation of enterprise bargaining and enterprise agreement seems to have been greatly accelerated by its reform in 1993. The legal operation of enterprise flexibility agreements, in particular, will go ahead of socalled collective bargaining which has the potential to undermine the basic structure of deep-rooted industrial relations system in Australia. Those who advacate the abolition of traditional compulsory reconciliation and arbitration, more often than not tend to criticise the half-way reform' to industrial relations of this new Act. But those criticisms should rightly be responded to by plain remarks of "too much focused on efficiency and productivity". This is because the new Act has a willingness of not only raising efficiency and productivity of enterprises but also protecting standards of working conditions well-established under award systems. From a view point of meshing up productivity with protection the first thing we should turn our eyes on is "no disadvantage test" on an occasion of the certification and approval of the agreements. Decisions by the Industrial Reletions Commission (IRC) are final in this respect, hence appropriate apraisal and criticism as the case may be, on the basis of scientific analysis will be indispensable. On the other hand, enterprise flexibility agreements appear to give rise to lots of troubles and disputes. Reportedly, an employer has effectively moved to exclude trade union deals by using enterprise agreements with all employees at a workplace with low union density. The IRC's decision, however, refused to approve another enterprise flexibility agreement which provided for a buy-out' of half of 4week's annual leave. There is no doubt that the new Act has prepared for a-good-faith-negotiation between employees and their employer by authorising the IRC to intervene for that purpose. But there still remains misgivings that direct negotiations will be likely to bring unfair outcomes to employees, because of the power distance and information gap that exists among the parties.

• オーストラリア学会の論文
• 1994-12-25

著者

• 長淵 満男

  甲南大学法学部

関連論文

• 「ニュージーランドの労働法改正」:労働組合の失権回復ーを中心に
• On Annual Paid Leave during Training and Education (NTT Annual Leave Case Decision of the Supreme Court,Second,H.12.3.31 Hanreiziho No.1709,p.128)
• ラオス労働法(和訳)
• オーストラリア労働関係における個別化と組合排除-九〇年代における労働関係法の改編-
• 労使関係の個別化とその実状 : オーストラリアの実証
• 労使関係法の改正と企業別交渉・協定

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