Industrial action, the right to strike, ballots and the Fair Work Act in international context

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Peetz, David
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2016
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Using statistical sources, this article investigates how Australian culture and policy (including the Fair Work Act and mandatory secret ballots) influence the volume, types and duration of strikes. The ‘toughness’ and tightening of strike laws in Australia is internationally unusual. Many short, unconditional strikes (for which ongoing conflict extends beyond the end of the strike) are used in Australia to signal intensity of unionists’ intentions. This has not changed much under the FW Act. Strike ballots are likewise a means of signalling this intensity. ‘Unlawful’ strikes tend to be shorter than lawful strikes, and have recently declined. Despite the major changes in industrial law in Australia, Australia retains its own distinct culture regarding behaviour during industrial conflict. In Australia and elsewhere, the global shift in power from labour towards capital appears to have been more significant than changes in strike law in shaping changes in strike levels.

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Australian Journal of Labour Law

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29

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2

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© 2016 Lexis Nexis Australia. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal website for access to the definitive, published version.

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Business and Management not elsewhere classified

Business and Management

Policy and Administration

Law

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