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Friday, November 19, 2010

Industrial Action

Introduction

The essential service of every individual plays a vital role in the industry and even if the industrial action is not outlawed in many broad provisions that should be authorized taking a vote between labor and unions. Most of the individuals are bound to pay an amount of fine in participating in unlawful industrial action and unions. The most common style of industrial action is picketing that is a strongly policed and subject to action under the criminal law.

Industrial Action

The industrial action has been directed to be outlawed in 1990. The industrial action allows the employees not involved in a dispute to strike in sympathy with other workers (Barrow and Chapman, 2005).

Argumentative Factors

The industrial action occurs as a collective agreement in force. If the dispute between the employer and employee is not settled, the agreement for a good production is not being followed and instead driven away. According to labor movements, the carrying of agreement can return the system together with the employer’s consent. The collective agreement does not cover all employees in a workplace or new employees. The limitations therefore allow employers to treat workers doing the same work differently with multiple agreements and negotiations and to offer suited terms and conditions (Boyle, 1992).

Counter Arguments

Employers are not supposed to discriminate on the basic union membership but they can dismiss workers for illegal industrial action.The positive feature of industrial action to become illegal is that the action of an employee is based on a reasonable concern as long as the employee is willing to do safe work. The industrial action can be legal in several ways but with the failure to comply the restrictions subjected with the law, the application of the union in the industry will be disregarded prior to the court decision.

The responsibility of the unions and its members in taking such action will also be under the rules of organization. On the other hand, in the part of the employer, it is illegal to pay a worker for a period when the demonstration or industrial action is taken, whether it was a strike, boycott or bans, or refusing to work as directed. And in a logical sense, the employee who is also a union member cannot accept any payment. As a bad result of having an industrial action, heavy fines and employer’ rights to sue are the waiting prize for the distractions and damages resulting from unprotected industrial action (Pha, 1996).

Conclusion

The right to strike is almost eliminated and it will be illegal to take any form of industrial action to force employers to comply with the conditions in the agreement. For the individuals to take strike or industrial action against the firm, then the employer should be prepared to take industrial action on their own negotiating an individual contract. The employees have no hope of understanding or knowing the rights and if they did know them, they are not enforceable. The employees have limited opportunity or chances to take the industrial action. This kind of limitation gives the employees to gain immunity to take certain action against their employer to take the advantage. In summary, all the industrial action is illegal and there are provisions to discourage such action. It is illegal to pressure employees to take industrial action and the discrimination heats it up.

References:

Barrow, B., & Chapman, J., 2005. Strike Vote Divides Labor and Unions. The Daily Mail, 13 September.

Boyle, P., 1992. Liberals Plot End of Unions. [Online] Available at: http://www.greenleft.org.au/1992/78/2135. [Accessed 13 October 2009].

Pha, A., 1996. Howard’s Industrial Relations Legislation. [Online] Available at: http://www.cpa.org.au/booklets/howards-ir-legislation-1996.pdf. [Accessed 13 October 2009].

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