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Protected Action Ballots and Protected Industrial Action Under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes – Methodological Approach

25 Pages Posted: 27 Oct 2016  

Breen Creighton

RMIT University

Catrina Denvir

The University of Sydney Law School

Richard Johnstone

Griffith University - Griffith Law School

Shae McCrystal

The University of Sydney Law School

Date Written: October 25, 2016

Abstract

Federal workplace relations in Australia and requirements relating to the use of industrial action within the context of collective bargaining are governed by the Fair Work Act 2009 (CTH) (FW Act). Protected industrial action by employees and their bargaining representatives is restricted to support for negotiations for a single-enterprise agreement, subject to the Fair Work Commission authorising an independent secret ballot of employees to approve the taking of protected industrial action through a protected action ballot order and subsequent approval of the proposed action in the ballot. While there is a relatively large body of industrial relations research exploring both the frequency, and the impact of strike action, there is significantly less research on the impact of the regulation of strike action on the decision-making processes of workers and their trade unions. In order to address this gap in the literature, we designed a study to provide the first Australian empirical account of the protected industrial action ballot order process and analyse its effect on enterprise bargaining behaviour. In this paper, we present out methodological statement for the Project - Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes.

Keywords: Methodological Statement, Protected Action Ballots, Industrial Action, Strike, Qualitative, Quantitative

JEL Classification: J59

Suggested Citation

Creighton, Breen and Denvir, Catrina and Johnstone, Richard and McCrystal, Shae, Protected Action Ballots and Protected Industrial Action Under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes – Methodological Approach (October 25, 2016). Available at SSRN: https://ssrn.com/abstract=2858757

Breen Creighton

RMIT University ( email )

124 La Trobe Street
Melbourne, 3000
Australia

Catrina Denvir (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Richard Johnstone

Griffith University - Griffith Law School ( email )

Nathan Campus, GU
Nathan 4111
Australia
07-3875-3645 (Phone)

Shae McCrystal

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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