The Fair Work Act's forgotten issues: why Richard Tracey's study of trade union regulation and the issues in the High Court's McJannet decision are worth a second thought

Floyd, Louise (2010) The Fair Work Act's forgotten issues: why Richard Tracey's study of trade union regulation and the issues in the High Court's McJannet decision are worth a second thought. Australian Bar Review, 33 (3). pp. 276-292.

[img] PDF (Published Version) - Published Version
Restricted to Repository staff only

View at Publisher Website: http://www.lexisnexis.com.au/aus/product...
 
11


Abstract

Towards the end of 2009, most state governments handed their industrial relations powers to the federal government to entrench the new Fair Work Act national system of employment and industrial law. This move continued a trend towards national industrial regulation after the High Court decision in the Work Choices case. As State unions (ie separate entities registered under State law) transition into the new national system, they must answer questions, such as: what happens to State union assets if they merge into federal unions; and whether State union members who were the focus of their union will remain a focus of a new federal entity (especially if such worker-members were not previously included in the eligibility rules of the federal union). The Fair Work (Registered Organisations) Act 2009 does not substantially alter the pre-existing laws on regulation of registered organisations. The 2008 AFULE decision demonstrates that transitionally registered (state) bodies cannot compete against established federal unions for members, nor expand their operations — no matter how effective they have been in representing their members. This article considers the writings of Richard Tracey and cases like the High Court decision in McJannet to argue that the internal rules of unions (and the actual legislation on union regulation) need revision to address these concerns and adequately protect state interests.

Item ID: 15676
Item Type: Article (Refereed Research - C1)
Keywords: employment law; Fair Work Act
ISSN: 0814-8589
Date Deposited: 08 Mar 2011 06:02
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180118 Labour Law @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9405 Work and Institutional Development > 940501 Employment Patterns and Change @ 100%
Downloads: Total: 11
More Statistics

Actions (Repository Staff Only)

Item Control Page Item Control Page