Strike Ballots and the Law in Australia

Breen Creighton, Catrina Denvir, Shae McCrystal

Research output: Contribution to journalArticle

Abstract

Mandatory provision concerning strike ballots was first introduced in Australia in 2006. Since that time the ballot requirement has become an accepted part of the framework of workplace regulation, although there is continuing debate about the form which the requirements ought to take. While the ballot provisions generally operate fairly smoothly, they have enabled employers to delay the taking of industrial action in some instances. As in other jurisdictions, the ballot provisions were ostensibly intended to promote democratic decision-making in relation to industrial action. They are, however, based on false premises, and far from promoting respect for democratic principles, they are in many respects antithetical to them.
LanguageEnglish
Pages154-170
JournalAustralian Journal of Labour Law
Volume29
Issue number2
Early online date18 Jun 2017
Publication statusE-pub ahead of print - 18 Jun 2017

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industrial action
strike
Law
jurisdiction
respect
employer
workplace
decision making
regulation

Keywords

  • Labour Law
  • Strike Ballots
  • Industrial Action

Cite this

Creighton, B., Denvir, C., & McCrystal, S. (2017). Strike Ballots and the Law in Australia. Australian Journal of Labour Law, 29(2), 154-170.
Creighton, Breen ; Denvir, Catrina ; McCrystal, Shae. / Strike Ballots and the Law in Australia. In: Australian Journal of Labour Law. 2017 ; Vol. 29, No. 2. pp. 154-170.
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Creighton, B, Denvir, C & McCrystal, S 2017, 'Strike Ballots and the Law in Australia', Australian Journal of Labour Law, vol. 29, no. 2, pp. 154-170.

Strike Ballots and the Law in Australia. / Creighton, Breen; Denvir, Catrina; McCrystal, Shae.

In: Australian Journal of Labour Law, Vol. 29, No. 2, 18.06.2017, p. 154-170.

Research output: Contribution to journalArticle

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AB - Mandatory provision concerning strike ballots was first introduced in Australia in 2006. Since that time the ballot requirement has become an accepted part of the framework of workplace regulation, although there is continuing debate about the form which the requirements ought to take. While the ballot provisions generally operate fairly smoothly, they have enabled employers to delay the taking of industrial action in some instances. As in other jurisdictions, the ballot provisions were ostensibly intended to promote democratic decision-making in relation to industrial action. They are, however, based on false premises, and far from promoting respect for democratic principles, they are in many respects antithetical to them.

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Creighton B, Denvir C, McCrystal S. Strike Ballots and the Law in Australia. Australian Journal of Labour Law. 2017 Jun 18;29(2):154-170.