Labor Industrial Relations - Literature review Example

Article Summary Bradon Ellem, in his article “Beyond Industrial Relations: WorkChoices and the Reshaping of Labour, Class and the Commonwealth”, argues that WorkChoices is dense and extremely complex with a profound preference for the companies and organizations rather than concern for the laborers. He starts by outlining the various ways in which this legislation has removed employee protection efforts through such measures as removing awards systems and the ‘no disadvantage test’ and limiting the power of unions and other organizations to fairly arbitrate disputes while remaining in favor of the corporation in areas such as Australian Workplace Agreements and other contractual labour restrictions. Examining the legislation more carefully, the author concedes that there are reasons to suspect that it actually represents no significant differences to the direction of older legislation. However, he also indicates that the program does represent a fundamental shift because of its national scale. This argument is supported by an examination of the problems of shared terminology by opposing viewpoints, arguments based upon the wording of the Australian Constitution and the revealed intentions of change this legislation represents. Regarding terminology, he particularly addresses the use of the term ‘deregulation’ because of its unspecific nature since every form of organization must be regulated in some form, either internally (managerial control) or externally (governmental control). Referencing the Australian Constitution, Ellem specifically points to Section 51 in which the Commonwealth was charged with the protection and arbitration of industrial workers’ rights. Expanded systems in the past have led to a situation in which curtailment of these systems is seen as a benefit, but the net effect is a significant reduction in the power of collectivism (the employees as represented by the unions) in combination with a significant expansion of the power of the organization. Finally, he indicates that these changes and arguments reveal the intended changes as being the corporatization of Australia rather than the concern for its people. Ellem further argues his case by attempting to dismiss the Government’s claims that it is merely trying to bring the industrial market into the same sphere of deregulation seen in other markets and that the nature of the worker has changed sufficiently to require new modes of management. He argues that despite the tendency to think of it as such, the labour market is different from other markets because it deals with human beings and is therefore not more efficient simply because it is deregulated. By eliminating the employee’s power for arbitration and protection, the new legislation effectively strangles the employee into an almost forced work situation while it is promoted as freeing the entrepreneurial spirit in the form of contractor work. The sources Ellem uses in his article seem to be quite valid although perhaps not used as effectively as they might be. They include several press releases and studies regarding the WorkChoices legislation as well as studies into the various issues regarding worker productivity. Academic works are used for much of the basis of the report, which brings it further credibility as these reports are written by well-respected names in the field such as J. Buchanan and John Burgess. In addition, the arguments Ellem presents are well founded upon diverse fields like economics, human psychology and management theories, reflecting the complicated subject with which it deals. Sources upon which various arguments are based are cited in the notes, but it is not possible to deduce from the small amount of detail provided about these studies whether their present use is in keeping with the overall arguments presented in the original works. Because of the fluidity with which Ellem introduces his arguments, however, it is not immediately apparent that his sources are as well-founded as they are until one takes the time to peruse the notes. With a little greater reference to the validity of his sources, Ellem would be more efficiently persuasive. The argument is strong in its theory and its sourced material, but is weak in its introduction. Founded as it is on a variety of academic and peer-reviewed studies in various fields that attempt to address the complexities of the human workers most affected by such legislation, Ellem outlines his argument in a relatively simple format that provides it yet further strength. He addresses his argument that the new legislation presents a fundamental shift in the way in which labour laws are defining society and class in Australia with a lesson in how it is different from previous legislation, how it effectively removes rights and protections from the worker and how this is changing the way in which labour laws are understood. While each of his positions are important elements of the shifts occurring in the Australian work environment, there is not sufficient space devoted to truly developing any of these points to any great detail. As a result, none of these arguments is adequately explained or understood within the context of the article for complete understanding of the issues involved. Instead, the article serves as little more than a quick, broad, general overview of the major concerns of the WorkChoice legislation, with these concerns being only tenuously linked together by a thread of common concern. Speaking for myself, I am concerned about the issues raised within the article as it exposes a serious threat to the welfare and rights of the common working class. Without governmental protection or the protective arm of the unions, the workers have few, if any, options left open to them should corporations begin abusing their power. Although it may be true that unions and other forms of arbitration may have been excessive in the past or extended into realms in which it really doesn’t belong, it is also true that corporations, left unchecked, have a tremendous tendency to abuse their privileges. This condition has been demonstrated by numerous abuses perpetrated in reality or in absentia by corporations in areas such as Asia and Africa where economies depend almost exclusively upon the patronage of a single company and therefore have very few options in demanding appropriate, humane treatment of the workers employed. These factories are seen to force children to work long hours in dangerous conditions, allow workers little if any time off and offer only subsistence or lower wages as a result of all this work. Employee protection options are essential for the operation of a free and democratic society. Employees must have adequate means of addressing corporate abuses and complaints and corporations must have an entity with sufficient power and authority to hold them in check if and when necessary to ensure that the general population, comprised mostly of the workers they hire, does not stagnate or fail as a result of the greedy and exploitive actions of the unrestrained managers. References Ellem, B. (2006), ‘Beyond Industrial Relations: WorkChoices and the Reshaping of Labour, Class and the Commonwealth’, Labour History, 90, May, pp. 211-20. Read More