Documents Forsyth, Anthony 8 results

"This working paper was prepared in 2024 and reviews developments internationally since 2021 relating to the exercise of the right to bargain collectively and the existence of collective agreements among workers in the platform economy. The paper builds upon ILO Working Paper 80, “Realizing the Opportunities of the Platform Economy through Freedom of Association and Collective Bargaining” by Felix Hadwiger published in September 2022. It provides a descriptive overview of research and developments since 2021 in the effective recognition of the right of
platform workers to bargain collectively and assesses the extent of developments in law and practice relating to collective bargaining internationally since that time.

The paper cites recent collective agreements and other outcomes of collective negotiations covering platform workers. It also explores developments concerning case law, effective recognition of collective bargaining for self-employed workers as well as some recent developments in competition regulation. Overall, while there have been developments in some jurisdictions relating to collective action or the effective recognition of collective bargaining for platform workers, it has not been geographically widespread and remains concentrated in the delivery/food delivery sectors. Furthermore, despite some advancements, it remains that case that most platform economy workers globally do not enjoy effective recognition of the right to collective bargaining."

"The optimal legal and institutional framework for facilitating workers' access to collective bargaining is a central issue for labour law. Since 2009, Australian labour law has adopted a novel approach to the issue of whether workers should have the right—and employers, the obligation—to engage in collective bargaining. The Fair Work Act 2009 (Cth) (FW Act) seeks to promote collective bargaining in good faith at the enterprise level, by empowering the Fair Work Commission (FWC) to facilitate good faith bargaining and the making of enterprise agreements. One of the key mechanisms available to the FWC is the power to make a majority support determination (MSD), in situations where an employer refuses to bargain and a majority of the relevant employees want to bargain collectively. The making of an MSD then triggers a number of other obligations (including the good faith bargaining requirements) and opens the way to other forms of FWC involvement in the bargaining process. An MSD has the effect of compelling an employer to bargain collectively where it has previously refused to do so. The MSD process is therefore akin to the statutory union recognition procedure operating in the UK and the long-standing union recognition processes that apply under Canadian and US labour laws. However, the Australian iteration of these legislative attempts to address the problem of employer resistance to bargaining is distinctive because it gives the FWC considerable flexibility in the method used to determine majority support for bargaining. For example, the FW Act allows for—but does not require in all cases—a ballot of employees to be conducted in order to determine the level of support for collective negotiations. Other means of establishing employee support, such as petitions, are also permitted. This potentially avoids some of the problems that have affected ballot-based union recognition systems. This article focuses on the operation of the MSD mechanism over the period 1 July 2009–30 June 2015. The article provides some background to the development of the MSD provisions in the FW Act by the former Labor Government. This is followed by an examination of the MSD provisions in the overall context of the FW Act bargaining regime, and their operation in practice, including some comparisons with the main elements of the UK statutory union recognition procedure. The article concludes with some observations about the effectiveness of MSDs in comparison with the statutory recognition procedure in the UK. "

"The Australian regulatory response to the COVID-19 pandemic has arisen from high levels of cooperation between all levels of government, the Australian Council of Trade Unions (ACTU) and key business groups. The impacts of business closures and restricted operations are already being seen through widespread stand downs and layoffs of workers. A wage subsidy scheme for affected employees has been implemented but leaves out many casual and migrant workers. Norms of workplace regulation have been rapidly adapted to allow businesses to adjust operations and many employees to work from home. Overwork and workplace safety remain of concern for those in essential sectors"

"The Australian regulatory response to the COVID-19 pandemic initially involved high levels of cooperation between all levels of government, the Australian Council of Trade Unions (ACTU) and key business groups. The impacts of business closures and restricted operations were quickly seen through widespread stand downs and, increasingly, layoffs of workers. A wage subsidy scheme for affected employees (JobKeeper) left out many casual and migrant workers. Norms of workplace regulation were rapidly adapted to allow businesses to adjust operations and many employees to work from home, while those working in essential sectors contended with overwork and safety concerns. The economy opened up again as the infection rate was brought under control, only to be followed by the re-imposition of even stricter controls in the state of Victoria due to a surge in COVID-19 cases. Four months into the crisis, the early consensus approach to appropriate regulatory settings for employment relations is under significant strain. Contestation over the shape and extent of industrial relations reform has re-emerged, as it becomes clearer that business interests and conservative political forces seek to utilise the pandemic to advance a deregulatory agenda."

"This book charts the path to revitalisation for trade unions in Australia, the USA, the UK, and Italy. It examines the examples of innovation and digital campaigning that are enabling unions to build new forms of worker power - and overcome decades of declining membership wrought by neoliberalism, globalisation, and hostility from employers and the state.

The study evaluates the responses of unions in each country to falling membership levels since the 1980s. It considers the US 'organising model' and its adoption in Australia and the UK, comparing this with the strategies of Italian unions which have been more deliberately focused on precarious and migrant workers. The increasing reliance of US unions on community alliances, as seen in the 'Fight for $15' and similar campaigns, is scrutinised along with new union prototypes like Hospo Voice in Australia, the Independent Workers' Union of Great Britain and SI Cobas in Italy. The book includes an in-depth analysis of union responses to the gig economy in the four countries, and the emergence of self-organised worker collectives to combat this exploitative business model. The vital role played by unions in defending the interests of workers during the COVID-19 pandemic is also examined.

As well as highlighting the most successful union initiatives to meet the challenges of the past 30 years, the book assesses the strengths and deficiencies of the legal framework for union representation in the four nations. It identifies the labour law reforms needed to rebuild collectivism, but argues that more is needed than favourable laws. This cross-national study provides a rich basis for identifying the combination of reforms, strategies and linkages required to ensure that unions can remain relevant for a new generation of digitally-active workers."

"This article examines how trade unions and self-organised worker groups have deployed digital organising tools to collectivise gig work, focusing on rideshare and food delivery platforms. It demonstrates the successful actions of worker representatives to improve the working conditions and legal position of platform-based rideshare and food delivery workers in several countries, through: coordinated mobilisation to disrupt the operations of platforms and build campaigns for increased regulation of platform work; strategic litigation to establish useful legal precedents, attract public attention and build solidarity among like-minded workers; and negotiating collective agreements on behalf of gig workers. While deficiencies are identified in the collective bargaining activities of some unions, the article concludes that unions and grass-roots worker groups have played a critical role in contesting the contracting model which lies at the core of gig worker exploitation – and helping them to martial the power obtained through resistance and collective action."