Unit Outline

Australian Employment Relations

IREL1102/2202

Second Semester
2010
Crawley Campus

Unit Coordinators: Winthrop Professor Rob Lambert

and Dr Mike Gillan

Business School
www.business.uwa.edu.au

* This Unit Outline should be read in conjunction with the Business School Unit Outline
Supplement available on the Current Students web site
http://www.business.uwa.edu.au/students
IREL1102/2202/Crawley/DC/15/07/2009

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Australia pursuant to Part VB of the Copyright Act 1968 (Cth).
Copying of this material by students, except for fair dealing purposes under the Copyright Act, is
prohibited. For the purposes of this fair dealing exception, students should be aware that the rule
allowing copying, for fair dealing purposes, of 10% of the work, or one chapter/article, applies to
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© The University of Western Australia 2009

UNIT DESCRIPTION

Introduction
Winthrop Professor Rob Lambert and Dr Mike Gillan will be jointly
coordinating and teaching this unit. We have both published widely in the
field of employment relations.

Tutors:
Janaka Biyanwila
Grant Lee

Unit Content

The unit focuses on contemporary change in the Australian employment

relations system. Since the 1980s when the Australian government
introduced dramatic shifts in economic policy the pace of employment
relations change has intensified and become politically contested. It is not
possible to understand the contested and controversial nature of these
changes without exploring the character of free market globalization and
the pressures this imposes on the institutional regulation of the
employment relationship.

The Goal of the Unit

There are two essential goals: firstly, comprehending the economic, social
and political forces propelling ceaseless change in employment relations;
secondly, understanding the precise and ever shifting institutional
character of employment relations regulation in Australia. The first goal
means that you will approach employment relations in an intelligent,
comprehending way, which will enable you to understand contemporary
developments and future trends. The second will provide you with
concrete managerial skills in the fields of Employment Relations/Human
Resource Management, policy skills in the sphere of government, or
strategic organizing skills in the trade union movement, depending on
your career choice.

Teaching and Learning Strategies

The educational principle underpinning the unit is the development of

independent and critical thought. Many of you aspire to become leaders
in the above mentioned occupational spheres. Leadership contrasts with a
purely functionary role and this may be defined as the capacity to think
critically and problem solve. Such thinking is grounded in an ability to
analyse existing structures, roles and behaviours as a precursor to
becoming a change agent, thereby enhancing the efficacy of employment
relations processes and systems.

Learning Outcomes

On completion of this unit, you should be able to comprehend and

critically assess:

• The global forces (trade, investment, finance, labour market)

shaping employment relations change in Australia;
• The imperatives of global competition deriving from free market
policies in the above spheres and the impact of this relationship on
the Australian system of employment;
• The nature of employment relations change in Australia and the
ways in which labour market institutions have been and are being
remodelled.

Educational Principles

The educational principle underpinning the unit is the development of

independent and critical thought. This is what distinguishes leadership
from a purely functionary role.
Unit Staff
Unit Winthrop Professor Rob Lambert
coordinator/lecturers and Dr Mike Gillan
Email: rob.lambert@uwa.edu.au
michael.gillan@uwa.edu.au
Phone: 6488 2934 (Lambert)
6488 7101 (Gillan)

Consultation hours: 12-1, Monday or by appointment

Lecture times and Tuesday, 11-12, Ernst and Young

venue: Lecture Theatre (EYLT)
Wednesday, 11-12, BUSN: Ernest
Young Lecture Theatre

Tutor(s) (tutors to Janaka Biyanwila

advise of consultation Janaka.biyanwila@uwa.edu.au
times and other
contact details at
Grant Lee, grantlee@iinet.net.au
tutorials)
 UNIT STRUCTURE

ATTENDANCE
Participation in class, whether it be listening to a lecture or getting
involved in other activities, is an important part of the learning process. It
is therefore important that you attend classes (and be on time). More
formally, the University regulations state that ‘to complete a course or unit
students shall attend prescribed classes, lectures, seminars and tutorials’.

UNIT SCHEDULE
(Lecture Topic, Readings, Tutorials, Team
Exercises)
Wee Lecture Readings
k
1 L.1: Introduction Focus of the unit. Work
requirements.

L.2: Approaches to Chapter 1 and 3: Bray, M, Waring,

Employment Relations P & Cooper, R (2009)
Employment relations: theory and
practice, McGraw-Hill, N. Ryde.

2 L 3 &4: The Australian State, Pusey (1991), Introduction & Ch.1;

social democracy & ER. Kelly (1992), Part One, Ch. 1-8.

3 L 5 . Trade Union history & Chapter 7 (pages 192-211): Bray,

theory M, Waring, P & Cooper, R (2009)
Employment relations: theory and
practice, McGraw-Hill, N. Ryde.

Chapter 4 (pages 74-80): Bray, M,

L6 How the ER system worked Waring, P & Cooper, R. (2009)
prior to 1980s. Conciliation & Employment relations: theory and
Arbitration practice, McGraw-Hill, N. Ryde.

4 L7. Neo-liberal globalization & Chapter 4 (pages 80-84) and

ER change in the 1980s Chapter 5 (pages 128-134): Bray,
M, Waring, P & Cooper, R. (2009)
L8. The Accord, strategic Employment relations: theory and
unionism & restructuring practice, McGraw-Hill, N. Ryde.

5 L9. Privatization & Public Chapter 5 (pages 135-144): Bray,

sector restructuring M, Waring, P & Cooper, R 2009,
Employment relations: theory and
practice, McGraw-Hill, N. Ryde.
 L10. ER change 1987-1996:
Enterprise bargaining to the Chapter 9 (pages 270-282): Bray,
Workplace Relations Act M, Waring, P & Cooper, R (2009)
Employment relations: theory and
practice, McGraw-Hill, N. Ryde.
UNIT SCHEDULE
(Lecture Topic, Readings, Tutorials, Team Exercises)

6 L11 & 12 The 1998 Maritime

dispute

7 L13 &14. Work Choices & Chapter 9 (pages 282-288): Bray,

Your Rights @ work campaign M, Waring, P & Cooper, R. (2009)
Employment relations: theory and
practice, McGraw-Hill, N. Ryde.

8 L15 & 16 A. Stewart (2009) ‘A question of

Balance: Labor’s New Vision for
An Introduction to the Fair Workplace Regulation’ Australian
Work Act Journal of Labour Law 22(1):pp.3-
50

Chapter 13: Bray, M, Waring, P &

Cooper, R (2009) Employment
relations: theory and practice,
McGraw-Hill, N. Ryde.

9 L17 Employers & Employer Chapter 6: Bray, M, Waring, P &

Associations Cooper, R. (2009) Employment
relations: theory and practice,
L18 Trade McGraw-Hill, N. Ryde.
unions & non-union
employee representation Chapter 7: Bray, M, Waring, P &
Cooper, R. (2009) Employment
relations: theory and practice,
McGraw-Hill, N. Ryde.

10 L19. Trade unions & non- Chapter 8: Bray, M, Waring, P &

union employee Cooper, R. (2009) Employment
representation relations: theory and practice,
McGraw-Hill, N. Ryde.

L20. The role of Industrial

Tribunals: from the Australian Chapter 5 (pages 114-125): Bray,
Industrial Relations M, Waring, P & Cooper, R. (2009)
Commission (AIRC) to Fair Employment relations: theory and
Work Australia (FWA) practice, McGraw-Hill, N. Ryde.

11 L21. The role of Industrial R Cooper and B Ellem (2009) ‘Fair

Tribunals: from the Australian Work and the Re-regulation of
Industrial Relations Collective Bargaining’ Australian
Commission (AIRC) to Fair Journal of Labour Law vol. 22, No.
Work Australia (FWA) 3, pp. 284-305.

L22. Bargaining Structures &

Processes Chapter 10: Bray, M, Waring, P &
Cooper, R. (2009) Employment
relations: theory and practice,
McGraw-Hill, N. Ryde.
UNIT SCHEDULE
(Lecture Topic, Readings, Tutorials, Team Exercises)

1 L23. Bargaining As above

2 Structures &
Processes
Chapter 11: Bray, M, Waring, P & Cooper, R.
(2009) Employment relations: theory and
L.24 Industrial practice, McGraw-Hill, N. Ryde.
Conflict

1 L.25 Termination of
3 Employment

L.26 Review and

Exam preparation

Tutorial Program:
1. Introduction and allocation of presentation topics

Reading:

Chapter 1 in Bray, M, Waring, P & Cooper, R. (2009) Employment

relations: theory and practice, McGraw-Hill, N. Ryde.

Discussion question (if time allows): Discussion question number 2 on

page 15 of the chapter from the textbook listed above.

2. Approaches to Employment Relations.

Contrast unitarist, pluralist and radical approaches to theorizing the

dynamics of employment relations.
Which of the three perspectives most adequately captures the real nature
of employment relations? Debate.

Reading:
Chapter 3 in Bray, M, Waring, P & Cooper, R. (2009) Employment
relations: theory and practice, McGraw-Hill, N. Ryde.

3. Australian Social Democracy.

Pusey argues that Australia was the world’s first experiment in social
democracy and the nation became ‘a social lighthouse to the world’
especially with regard to the employment relations system.

In contrast to Pusey, Kelly contends that social democracy lacked an

understanding of how the economy worked and the system undermined
individual initiative.

Reading:
Pusey, introduction and chapter one;
Kelly, Part One, chapter one and two.

4. The case for and against trade unionism.

With the advent of free market globalization, unions were seen as

organizations which severely constrained the ‘flexibility’ of the labour
market, thereby undermining the global competitive efficiency of the
national economy to the detriment of business and citizens. Unions are
therefore viewed as outdated and irrelevant (a fact that proponents of this
position contend is demonstrated in declining memberships of unions).

The counter position is free market globalization has radically undermined

the power of society and increased inequalities and created deep seated
insecurity.

Reflect on and debate these contrasting assessments. What values

underpin each position? What is your own assessment? What personal
values are important for you?

Reading:
Chapter 7 (pages 192-211) in Bray, M, Waring, P & Cooper, R. (2009)
Employment relations: theory and practice, McGraw-Hill, N. Ryde.

5. The globalization debate and the character of employment

relations

What is the nature of contemporary globalization and what are the

implications for employment relations at the national level? How has free
market globalization changed the character of Australian society? What is
the real meaning of ‘labour market flexibility’ for working business leaders
and for working people?

Reading:
Chapter 4 (pages 76-96) in Bray, M, Waring, P & Cooper, R. (2009)
Employment relations: theory and practice, McGraw-Hill, N. Ryde

Martin, The Global Trap, Ch. 1, ‘The 20-80 Society’.

Barnet and Cavanagh, Ch.1. ‘Global Dreams’.

6. The Public Sector: Privatization & the Public Interest.

The privatization of public assets is one of the defining features of neo-

liberal globalization. Those arguing for such restructuring claim that this
will create greater choice and will produce efficiencies which will benefit
citizens.

Those who are critical of these changes argue that such a move
undermines the public interest thereby detrimentally affecting citizens.

Debate these contentions.

Reading:
Chapter 5 (pages 135-142) in Bray, M, Waring, P & Cooper, R. (2009)
Employment relations: theory and practice, McGraw-Hill, N. Ryde.

Colin Leys, Market Driven Politics, Ch. 1.

Webster, Lambert, Grounding Globalization, Ch. 4, ‘Citizenship Matters’

7. Work Choices & the Your Rights @ work campaign

• Was WorkChoices ‘a bridge too far’ in employment relations

reform?
• Was the ‘Your Rights@Work’ campaign an accurate portrayal
of the consequences of WorkChoices? Why techniques did
the campaign use and why was it effective?
• Will WorkChoices or similar reforms ever be re-introduced in
Australia in the future?

Reading:

Chapter 9 (pages 282-288) and Chapter 13 (pages 406-409): Bray, M,

Waring, P & Cooper, R. (2009) Employment relations: theory and
practice, McGraw-Hill, N. Ryde.

8. Employers & Employer Associations

• What are the core objectives and functions of employer

associations?
• What role have large employers and peak associations played in
driving changes to Australia’s industrial relations system? Is the
term ‘employer militancy’ an appropriate description?
• Read Peetz (2002). What are the core components of a
‘decollectivist’ employer strategy? Is this the approach favoured
by most employers in Australia today or is a more ‘pluralist’
orientation predominant?
Reading:

Chapter 3 ‘Employer Representation’ in Alexander, R., Lewer, J., and

Gahan, P. (2008) Understanding Australian Industrial Relations, Thomson,
Melbourne. [course materials online]

Chapter 6: Bray, M, Waring, P & Cooper, R. (2009) Employment relations:

theory and practice, McGraw-Hill, N. Ryde.

Peetz, D. (2002) ‘Decollectivist strategies in Oceania’, Relations

Industrielles, Vol. 57 Issue 2, Spring, pp. 252-281. [course materials
online]

9. Trade unions in Australia: Decline or Renewal?

Presentation topic: Consider various explanations for the historic decline

of union membership in Australia. In your view, which factor has been
most significant? Consider various strategies for achieving union ‘renewal’
in Australia. In your view, which strategy has the greatest potential?
Small Group Task: Read the case “Anatomy of a union in decline” pp 227-
228 (Textbook). Form four small groups to discuss one of the questions
listed and report back to the class.

Reading:

Chapter 7 (pages 211-226): Bray, M, Waring, P & Cooper, R. (2009)

Employment relations: theory
and practice, McGraw-Hill, N. Ryde.

The re-regulation of collective bargaining

• Consider the historical development of an enterprise bargaining

system in Australia- what are the main shifts that have occurred
in the (re)regulation of collective bargaining between 1996 and
2010?
• With reference to the textbook chapter listed below, explain
each of the ‘dimensions of bargaining’
• What is ‘Good Faith Bargaining’? How does it relate to the Labor
Government’s claim to promote “fairness and flexibility in the
workplace”?

Reading:

Chapter 10: Bray, M, Waring, P & Cooper, R. (2009) Employment relations:

theory and practice, McGraw-Hill, N. Ryde.

Cooper, R. and Ellem, B. (2009) ‘Fair Work and the Re-regulation of

Collective Bargaining’ Australian Journal of Labour Law vol. 22, No. 3, pp.
284-305.

Gillan, M., Caspersz, D. and White, D. (2010) ‘The emergence of Good

Faith Bargaining in Australian Industrial Relations: Theorising State
Intervention and the Significance of Ideology’
In Barnes, A. (ed.), Balnave, N. (ed.) & and Lafferty, G. (ed.) Work in
Progress: Crises, Choices and Continuity. Proceedings of the 24th
AIRAANZ Conference, Published By the Association of Industrial Relations
Academics of Australia and New Zealand (AIRAANZ), Available at:
http://airaanzweb.weebly.com/2010-conference-main.html

10.The Fair Work Act

Presentation topic: What are the most significant features of the Fair Work
Act? In what ways does it differ from the ‘Workchoices’ legislation
introduced by the Howard Government and in what ways does it reflect a
continuity of approach?

Small Group Discussion question: Is it possible (or desirable) to achieve

“balance” in the regulation of employment relations? Has the FWA
delivered “fairness and flexibility in the workplace” or has one of these
goals been furthered at the expense of the other?
Reading:

A. Stewart (2009) ‘A question of Balance: Labor’s New Vision for

Workplace Regulation’ Australian Journal of Labour Law 22(1):pp.3-50.

Chapter 13: Bray, M, Waring, P & Cooper, R (2009) Employment relations:

theory and practice, McGraw-Hill, N. Ryde.

11.The Future of Australian ER

Unit Review, SPOT and exam preparation advice

Small Group Discussion: Discuss the significance of ER/IR as a political

issue in the 2010 Federal Election. Looking ahead, what do you consider
as the primary ‘battlegrounds’ of ER/IR reform for governments,
employers and trade unions?
ASSESSMENT

PURPOSE
There are a number of reasons for having assessable tasks as part of an
academic program. The assessable tasks are designed to encourage you
to explore and understand the subject more fully. The fact that we grade
your work provides you an indication of how much you have achieved.
Providing feedback on your work also serves as part of the learning
process.

ASSESSMENT SUMMARY
Item Weight
Tutorial attendance & 5%
Participation
Tutorial Presentation & Notes 10%
Essay 35%
Exam 50%

Note: Results may be subject to scaling and standardisation under faculty

policy and are not necessarily the sum of the component parts.
Assessment Exercises (also see marking guides)

Tutorial Participation & Attendance: 5%

The aim of this assessment mechanism is to consolidate and apply
concepts and content learned during the course.
To complete this assessment satisfactorily you have to:
• Attend tutorials and actively participation in the weekly discussion.
• Demonstrate evidence of preparation of the topic that has been set
e.g. notes
• Provide an acceptable explanation of non-attendance.
• Please note: Non - Attendance at 1 or more tutorials without
reasonable excuse will ensure that no marks will be earned.

Tutorial Presentation and Notes: 10%

The aim of this assessment mechanism is to help you undertake some
intensive research on one of tutorial topics. To satisfactorily complete this
assessment you must:

• Pair with someone else in your tutorial to develop a presentation on

the topic that has been set. You can do this by addressing the
questions as listed and preparing additional questions for the class
on your topic area.

• Provide a referenced essay-style document that addresses your

case study questions. The mark assigned will be an individual mark.

• Word limit for notes: 1000 words.

Due Date: immediately after presentation

Essay 35%
The overall aim of this exercise is to engage you in developing a
substantial analysis of a key aspect of Australian employment relations

Essay questions will be available on the WebCT page at the beginning of

week 3.

Word limit: 3500 words, excluding reference and/or bibliography list.

Due Date: Monday 20 September @ 4.00 p.m.

Exam: 50%
A 50% invigilated exam is a requirement of the Faculty. The aim of this
assessment mechanism is to ensure that you consolidate your learning in
this unit. Details of the exam will be provided later in the term. However,
please note that all material presented in lectures, tutorials, readings in
the textbook and any guest lecturers or DVDs and videos shown are
included in the examinable material available for this course.

Submission of assignments
Please remember to attach an Assignment Cover Sheet to the front of
your assignment. You can download and print your Assignment Cover
Sheet from the Students web page
http://www.business.uwa.edu.au/students/assessments

Assignments should be handed in through the pigeon hole next to the

Undergraduate StudentCentre.

TEXTBOOK(S) & RESOURCES

WebCT
A webct page is available for the unit. Team discussion groups have been
created on this. All on line team exercises will be attached for student
completion as per the schedule. Lecture powerpoints will also be attached
to the webct page after lecture delivery. Students are advised to download
these. Lecture recordings will also be attached to the webct page. Finally,
students should look out for additional announcements as they become
available.

Recommended/required text(s)

Bray, M, Waring, P & Cooper, R. (2009) Employment relations: theory and

practice, McGraw-Hill, N. Ryde.

Approved calculators for examinations

The University only permits the use of calculators in examinations when
the calculator has an approved sticker. If the student does not have an
approved sticker on their calculator, they will not be permitted to use the
calculator. Since this is a University wide policy it is not possible
for unit coordinators to grant on the spot exemptions.
Calculators can be approved at the Undergraduate Student
Centre. Further information is available on the Business School
web site, see
http://www.business.uwa.edu.au/students/assessments.

Student Guild contact details

The University of Western Australia Student Guild

35 Stirling Highway
Crawley WA 6009
Phone: (+61 8) 6488 2295
Facsimile: (+61 8) 6488 1041
E-mail: enquiries@guild.uwa.edu.au
Website: http://www.guild.uwa.edu.au