This book examines how collective bargaining disputes are resolved among police and essential service employees.
In Australia, as in other common law countries, police and other highly essential employees such as fire-fighters and ambulance officers have long had access to a form of binding arbitration to settle collective bargaining disputes. The traditional arbitration-based system in Australia has, however, been replaced in recent decades with a marked-based collective bargaining system. The current (Fair Work) system restricts access to arbitration, favouring collective bargaining based on the parties’ prerogative to make their own agreements, and supported by a limited right to industrial action — including strikes — during bargaining. Yet, police officers, particularly, are subject to considerable restraints on any entitlement to participate in industrial action. The problem is that with limited access to arbitration, and an especially limited right to industrial action, intractable disputes may continue indefinitely, without any impasse-breaking process to prevent the flow-on harms of long-running police disputes. This raises the essential question underpinning this study: what form of dispute resolution system is appropriate to protect both the legitimate industrial interests of police officers, and the community’s interest in the uninterrupted provision of essential policing services?
The author in his extensive field-work research and his study of international case studies has developed a useful model for mandatory interest arbitration among police and other essential services personnel. The lessons and recommendations in the book offer insights for essential services labour law in Australia and overseas.
By:
Giuseppe Carabetta (The University of Sydney)
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions:
Height: 234mm,
Width: 156mm,
Weight: 460g
ISBN: 9781032324067
ISBN 10: 1032324066
Pages: 202
Publication Date: 14 October 2024
Audience:
College/higher education
,
Professional and scholarly
,
Professional and scholarly
,
Primary
,
Undergraduate
Format: Hardback
Publisher's Status: Active
ABSTRACT AUTHOR’S NOTE ACKNOWLEDGEMENTS CHAPTER ONE: INTRODUCTION I THE OBJECTIVES OF THIS WORK II EFFECTIVE DISPUTE AVOIDANCE AND RESOLUTION FOR A CRITICAL ESSENTIAL SERVICE III THE ROLE OF INTERNATIONAL LABOUR STANDARD IV METHODOLOGY V A FRAMEWORK FOR EVALUATION VI THE ORGANISATION OF THE STUDY AND ITS ARGUMENT A The Study’s Argument CHAPTER TWO: INTERNATIONAL LABOUR STANDARDS I INTRODUCTION II PUBLIC SECTOR COLLECTIVE BARGAINING AND THE FUNDAMENTAL ILO FREEDOM OF ASSOCIATION CONVENTIONS III THE RATIONALE BEHIND COLLECTIVE BARGAINING A Introduction B Levelling the Playing Field C Promotion of Industrial Peace IV INTERNATIONAL STANDARDS CONCERNING COLLECTIVE BARGAINING A Introduction B Principles Concerning Public Sector Bargaining C Special Characteristics of Public Service V DISPUTE RESOLUTION AND THIRD PARTY INTERVENTION A Voluntary Nature of Bodies for the Resolution of Collective Bargaining (Interests) Dispute B Independence and Impartiality of Procedures and Confidence of Parties C The Role of Arbitration in the Resolution of Bargaining Disputes VI STRIKES AND THE WITHDRAWAL OF SERVICES A The Right to Strike in the Public Sector B The Right to Strike and Essential Public Service VII THE AUSTRALIAN CASE ON COLLECTIVE BARGAINING AND THE RIGHT TO STRIKE IN ESSENTIAL SERVICES VIII CONCLUSION CHAPTER THREE: THE AUSTRALIAN POLICE LABOUR RELATIONS FRAMEWORK I INTRODUCTION II THE REGULATION OF POLICE EMPLOYMENT IN AUSTRALIA III THE CONCILIATION AND ARBITRATION SYSTEM IV RE-SHAPING THE LABOUR RELATIONS SYSTEM: THE SHIFT TO ENTERPRISE BARGAINING A Limitations on Compulsory Arbitration B Limitations on Industrial Action C Matters Excluded from Bargaining V CONCLUSION CHAPTER FOUR: PUBLIC SECTOR DISPUTE RESOLUTION: THE MECHANISMS I INTRODUCTION II BACKGROUND: BARGAINING IN A PUBLIC SECTOR CONTEXT III DISPUTE RESOLUTION IN THE PUBLIC SECTOR: THE MECHANISMS A Conciliation and Mediation B Arbitration IV SUMMARY AND CONCLUSION CHAPTER FIVE: THE REGULATION OF INDUSTRIAL ACTION I INTRODUCTION II CONCEPTS OF ESSENTIALITY III ESSENTIAL SERVICES STRIKE MODELS A The ‘No-Strike’ Model B The ‘Unfettered-strike’ Model C The ‘Controlled-Strike’ (or ‘Designation’) Model IV THE DESIGNATION OF ESSENTIAL SERVICES UNDER A CONTROLLED-STRIKE MODEL V CONCLUSION CHAPTER SIX: CASE STUDY 1, INTEREST ARBITRATION MODELS IN CANADA I INTRODUCTION II STATUTORY FRAMEWORK A Ontario B British Columbia III APPLICATION OF THE ARBITRAL CRITERIA AND COLLECTIVE BARGAINING CONTEXT IV DISCUSSION V ALTERNATIVE APPROACHES VI CONCLUSION CHAPTER SEVEN: CASE STUDY 2, MEDIATION-ARBITRATION IN THE NEW ZEALAND POLICE I INTRODUCTION II THE NEW ZEALAND POLICE NEGOTIATION SYSTEM A Statutory Foundation and Final-Offer Arbitration B The Police Negotiation Framework III A BLENDED MEDIATION-ARBITRATION MODEL IV ALTERNATIVE PROPOSALS V DISCUSSION AND ASSESSMENT VI CONCLUSION CHAPTER EIGHT: LESSONS AND RECOMMENDATIONS FOR REFORM I INTRODUCTION II LESSONS AND RECOMMENDATIONS A Adoption of a Mediation-Arbitration Model of Interest Arbitration B Final-Offer Arbitration as a Dispute Resolution Option C A Tripartite Arbitration Structure D Arbitral Criteria E Industrial Action F An In-built Review Process CHAPTER NINE: MOVING FORWARD … BIBLIOGRAPHY
Giuseppe Carabetta is an Associate Professor of workplace and business law at the University of Technology, Sydney, Australia.
