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Authors:Penny Thew Pages: 426 - 437 Abstract: Journal of Industrial Relations, Volume 64, Issue 3, Page 426-437, June 2022. While this article commences with apologies issued on 8 February 2022 in the Commonwealth Parliament in respect of alleged sexual harassment, workplace bullying and sexual assault, its focus is on the drivers behind and implications of the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth). Both flowed from reviews conducted by the Federal Sex Discrimination Commissioner, Kate Jenkins, and both were propelled by a need to address historical deficiencies and inequalities in workplace practice and culture leading to what is described now by the leader of the Opposition as ‘unsafe’ and ‘disrespectful’ workplaces. Citation: Journal of Industrial Relations PubDate: 2022-06-16T08:16:38Z DOI: 10.1177/00221856221101082 Issue No:Vol. 64, No. 3 (2022)
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Authors:David Peetz, Robyn May Abstract: Journal of Industrial Relations, Ahead of Print. We draw on mostly unpublished ABS data to address three related questions: (1) How can we approximate the number of genuinely flexible casual employees' (2) What are the characteristics of work where employees are, or are not, likely to be genuinely flexible casuals' and (3) How many employees are compensated for the disutility of casual employment' Only 6 per cent of leave-deprived workers (1.4% of all employees) are ‘narrowly-defined casuals’. The majority of leave-deprived workers have been with their employer for over a year. The majority expect to be with the same employer over a year into the future. Around half have stable hours from one week to the next and are not on standby. The characteristics of leave-deprived employees do not appear to be those of flexible, casual employment relationships. The common feature appears to be low power. Employers may have the ability to deploy them in all sorts of flexible ways, but often do not need to utilise that flexibility. The popular term ‘permanent casual’ is more accurately phrased as ‘permanently insecure’. The high rate of ‘casual’ employment enables Australia to have an internationally low level of leave coverage. Citation: Journal of Industrial Relations PubDate: 2022-05-16T07:12:29Z DOI: 10.1177/00221856221097474
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Authors:Susan McGrath-Champ, Mihajla Gavin, Meghan Stacey, Rachel Wilson Abstract: Journal of Industrial Relations, Ahead of Print. Knowledge co-production between academics and practitioners is increasingly a focus for university workplace contexts. While there is emerging interest in how social science academics can engage with industry to generate impact, little attention has been paid to how one form of practitioner organisation, trade unions, engages with academics to influence policy and member outcomes. In this article, we examine a case of research collaboration with an education trade union based in New South Wales, Australia, to explore the process of knowledge co-production with this partnership and its impact on education policy. In examining this decade-long partnership, we contribute to the literature on union strategy by depicting collaboration with researchers as a unique strategy for influencing policy outcomes (in this case, addressing teacher workload), while also contributing to emerging scholarship on knowledge co-production as a means to generate impact beyond the academy. As such, this article contributes a rare example of ‘cross-over’ between the worlds of academia and industry, which may inform future engagement and impact processes. Citation: Journal of Industrial Relations PubDate: 2022-05-16T07:12:01Z DOI: 10.1177/00221856221094887
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Authors:Sung-Chul Noh, Robert Hebdon Abstract: Journal of Industrial Relations, Ahead of Print. Given that an understanding of the inter-relationships among workplace conflict expressions is necessary for effective dispute resolution, this study explores the moderating roles of various types of voice mechanisms in the relationship between grievances and non-strike industrial actions. Using data from the Statistics Canada's Workplace and Employee Survey, we found evidence that a positive relationship between grievances and non-strike industrial action (e.g. slowdowns, work-to-rule, etc.) is stronger in workplaces with weaker union voice, is weaker in non-union workplaces with more extensive high-involvement work systems, and was not affected by the presence of alternative dispute resolution systems. Our findings provide theoretical insights into the role of voice mechanism in the inter-relationships between individual and collective forms of conflict in both union and non-union environments. The results also have practical implications for dispute resolution in terms of the management of conflict and dispute systems design. Citation: Journal of Industrial Relations PubDate: 2022-05-09T03:33:08Z DOI: 10.1177/00221856221099788
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Authors:Greg J Bamber, Marjorie A Jerrard, Paul F Clark Abstract: Journal of Industrial Relations, Ahead of Print. Dedication We gratefully acknowledge the invaluable contributions to the research that we discuss here by our dear friend and colleague the late Dr Sandra Cockfield; we miss her greatly. We dedicate this article to her. For a tribute to her see www.monash.edu/vale/home/articles/vale-dr-sandra-cockfield. The article discusses issues rarely addressed in research on Australian unions: the internal management policies and practices of unions, including human resource management, budgeting and strategy formulation. Management matters because it creates processes and systems that focus activity on whatever objectives a union or other organisation wishes to achieve. Our main research question is ‘how do Australian unions manage their employees, budgets, and strategies'’ Our study builds on earlier studies of US, UK and Canadian unions by adapting a survey instrument used in these countries. The Australian Council of Trade Unions (ACTU) asked national and branch unions to complete our online surveys. Of the unions surveyed, a majority of respondents use systematic human resource management policies and practices. They have also adopted strategic planning and budgeting practices. Echoing international findings, Australian unions have increasingly professionalised their administration. These findings are important since they have implications for how Australian unions deal with the challenges they face, including their revitalisation efforts and their responses to changing regulatory contexts. Citation: Journal of Industrial Relations PubDate: 2022-05-02T07:21:47Z DOI: 10.1177/00221856221083715
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Authors:A. Katharina Keil, Halliki Kreinin Abstract: Journal of Industrial Relations, Ahead of Print. The “treadmill of production” economic system increasingly threatens to undermine the foundations of future human welfare. While urgent action is needed, conceptualisations of “the good life” (TGL) as the “imperial mode of living” (IML) of overconsumption are justifications upholding the system and driving forces behind the crises. German trade unions, which, as part of the historic bloc of the growth coalition, have tried to delay climate action in the name of jobs through “praising work”, have supported the hegemonic common sense of IML-TGL. This is an obstacle to environmental union organisation and progressive coalitions for social-ecological transformation. To investigate whether and to what extent divergent good sense counter-hegemonic narratives are present within German trade union discourses, we analyse the narratives of TGL and good work within the three biggest German unions – ver.di, IG Metall, and IG BCE – using Gramsci’s theory of common sense. We find that counter-narratives of TGL are present to different degrees within the unions and amongst interviewees. These can provide entry points for counter-hegemonic narratives of TGL and alliances with societal actors fighting for “solidary modes of living”, or a Good Life for All within planetary boundaries. Citation: Journal of Industrial Relations PubDate: 2022-04-05T07:01:12Z DOI: 10.1177/00221856221087413
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Authors:Kori Allan, Joanna Robinson Abstract: Journal of Industrial Relations, Ahead of Print. This article examines the important, yet under-examined, issue of green workforce development and industrial relations and the role of unions and workers in shaping a transition to a green economy. Based on interviews with labour leaders and rank-and-file workers in the auto manufacturing sector in Ontario, Canada, this article interrogates how environmentalism and climate change potentially construct a sense of purpose among heterogenous union members, particularly in the context of decreasing union power, de-industrialization and neoliberalism. In order to understand how climate change can shape union purpose, we investigate how a diverse range of union members – beyond leaders – understand climate change and the appropriate strategies to address it and how this sustains or hinders collective identity within the union. We argue that understanding internal differences in collective identities is key for unions to start to rebuild power resources. Our research demonstrates that future union success and solidarity among workers might be dependent on the ability of unions to recognize and negotiate multiple collective identities. By incorporating innovations into the union, a more flexible and multi-dimensional collective identity regarding labour environmentalism could be built and sustained. Citation: Journal of Industrial Relations PubDate: 2022-03-29T07:52:57Z DOI: 10.1177/00221856221088153
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Authors:Camilla Houeland, David Jordhus-Lier Abstract: Journal of Industrial Relations, Ahead of Print. In the petroleum-dependent Norwegian economy, climate change politics challenge the powerful petroleum industry, and Norwegian shop stewards in that industry find themselves in cross-pressures of representation and responsibility. In this article, we investigate what role trade unionists in the oil sector play and can play, in a green and just transition. We analyse data from six focus group interviews with shop stewards in the petroleum industry. By engaging with theories of roles and role perceptions in light of labour agency, we fill a theoretical gap in the conceptualization of workers’ collective agency. Respondents describe themselves as active part of a green transition in their capacity as workers, but the role of shop stewards neither seem to offer tools nor a mandate for representing environmental concerns: Climate change is not their task. Shop stewards respond to externally ascribed role expectations by insisting that primary agency resides with politicians, companies and consumers–and union leaders. Their reactive and ambiguous role interpretation can prove risky, as the employment outlook in the industry is changing radically and rapidly. Last, we find that there are both a need and potential for re-scripting shop stewards’ role that is active and relevant in the green transition. Citation: Journal of Industrial Relations PubDate: 2022-01-24T12:50:14Z DOI: 10.1177/00221856211068500
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Authors:Hong Yu Liu Abstract: Journal of Industrial Relations, Ahead of Print. While there is growing scholarly interest in work conditions in China's internet industry, many studies have focused exclusively on corporate employment relations strategies. By contrast, the article demonstrates the Chinese government's significant role in shaping the collective work experience in business reality. Drawing on three months of fieldwork in China, the findings suggest that the state's quest for technology supremacy has resulted in internet companies that compete ferociously, which in turn causes extreme working hours and burnout. The censorship of online labour activism and the ambiguity in court decisions also lower the interest of tech workers in organising and defending their labour rights. This study opens up an evidence-based debate on industrial relations in contemporary China and calls for more discussions on the state's role in shaping worker well-being and protection. Citation: Journal of Industrial Relations PubDate: 2022-01-24T12:50:07Z DOI: 10.1177/00221856211068488
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Authors:Tess Hardy, Shae McCrystal Abstract: Journal of Industrial Relations, Ahead of Print. Much ink has been spilt on why gig workers should be brought into the protective fold of mainstream employment law. Much less time has been spent considering the advantages and disadvantages of regulating gig work through alternative regulatory frameworks, such as via competition and consumer laws. In part, this is because we generally understand this jurisdiction to be inherently anti-collective. However, significant changes within competition and consumer regulation in Australia challenge our pre-existing assumptions about the potential role and utility of this jurisdiction for protecting the rights of the self-employed, including gig workers. The High Court decision in Workpac v Rossato, emphasising contractual formalism, also impels some reconsideration of the utility of commercial law solutions given that there is unlikely to be any expansion of labour law protections any time soon. In this short paper, we summarise two key developments in this space. First, we discuss the provisions relating to unfair contract terms under the Australian Consumer Law, which are about to be substantially enhanced. Second, we explore a class exemption introduced by the Australian Competition and Consumer Commission, which effectively permits collective bargaining by small businesses, including those engaged in platform work. This article will critically examine each of these developments and weigh up their potential in addressing some of the most pressing issues facing non-employed workers in the gig economy and beyond. Citation: Journal of Industrial Relations PubDate: 2022-01-21T02:27:19Z DOI: 10.1177/00221856211068868
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Authors:Daina Bellido de Luna Abstract: Journal of Industrial Relations, Ahead of Print. The present article explores the revitalisation strategies developed by a company-level trade union in the food manufacturing industry in Chile. Using qualitative research and building on a case study, the findings suggest that predominant renewal strategies were restructuring through mergers, a variation on the Anglo-Saxon labour-management partnership, and organising based on recruiting new members and legal mobilization. The article argues that these revitalisation strategies were implemented in relation to the deployment of the employer's trade union weakening strategies, this being the central feature that drove the renewal capabilities of the researched trade union. The article contributes to enlarge the understanding of the way employer strategies and regulatory contexts shape the union revitalization framework. Citation: Journal of Industrial Relations PubDate: 2022-01-20T12:26:34Z DOI: 10.1177/00221856211068486
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Authors:Christopher Wright, Randi Irwin, Daniel Nyberg, Vanessa Bowden Abstract: Journal of Industrial Relations, Ahead of Print. Despite the worsening climate crisis and market shifts towards decarbonization, Australia remains heavily invested in carbon-intensive activities. As one of the world's largest exporters of coal and gas, Australian political economy has been dominated over the last several decades by fossil fuel expansionism. In this article, we explore how Australian corporate and political elites have defended the continuation of fossil fuel extraction and use in the face of calls for a transition to a low-carbon energy future. Through an analysis of public statements by industry associations, corporate leaders, politicians and trade union officials, we identify how these actors have constructed a hegemonic temporal narrative stressing the historical importance of fossil fuels and that a transition to renewable energy represents a threat to Australia's future. Our analysis contributes to the growing literature within the field of industrial relations attending to the complex industrial dynamics underlying the maintenance of fossil fuel hegemony. We also contribute to recent discussions on hegemony by demonstrating the importance of temporality in linking diverse actors together in defending hegemony. Finally, we highlight the critical importance of corporate power in fundamentally shaping climate and energy politics. Citation: Journal of Industrial Relations PubDate: 2022-01-19T11:28:59Z DOI: 10.1177/00221856211070632
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Authors:Frances Flanagan Abstract: Journal of Industrial Relations, Ahead of Print. Dominant approaches to researching cleaners’ experiences of invisibility and recognition have tended to focus on either the structural determinants of invisibility, such as outsourcing or ‘dirty work’ status, or the ways in which workers seek recognition as a strategy for managing taint. This article uses Honneth's concept of intersubjective recognition as a basis for bringing together structure- and agency-oriented approaches through a focus on the ways in which cleaners’ recognition experiences arise from historically specific contexts that are both found and made by cleaners. The article illustrates the usefulness of Honneth's theory through a comparison of the intersubjective recognition experiences of Australian school cleaners working in different work paradigms in two historical periods, public service cleaners in the 1910s–1990s and outsourced cleaners in the 2000s–2020s. The case studies contribute new empirical findings concerning patterns of cleaner recognition across all three dimensions theorised by Honneth – love, rights and solidarity – and the significance of shared horizons of purpose between cleaners and other workplace actors for enabling intersubjective recognition. Theoretically, the paper advances the concept of ‘dense’ and ‘sparse’ intersubjective recognition landscapes as a lens for understanding the changing nature and sources of cleaner invisibility and recognition over time. Citation: Journal of Industrial Relations PubDate: 2022-01-19T11:28:29Z DOI: 10.1177/00221856211070631
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Authors:Tobias Kalt Abstract: Journal of Industrial Relations, Ahead of Print. Green transitions create major challenges to union power in carbon-intensive economies as well as opportunities for the renewal of union power. This research asks why sometimes unions oppose or delay green transitions while other times unions are more open to green transitions and may even become strong transition supporters. In drawing on the Power Resource Approach, I argue that unions are neither natural opponents nor supporters of green transitions but instead engage strategically with green transitions. Unions’ strategic choices to pursue oppositional, reactive, affirmative or transformative transition strategies is guided by an imperative to maintain or expand their power resources. The strategic choices unions make are influenced by several contextual conditions. In a comparative case study on coal transitions in South Africa and Germany, I identify the following contextual conditions: sectoral interests, organisational identity, internal structure, coalitions, political- and socio-economic environment, governance context and public discourse. Regarding each of these, I show how unions make strategic choices to protect or expand different power resources and become agents of transition or defenders of the status quo. This paper contributes to empirical research on drivers behind union transition strategies and offers an analytical framework to explain unions’ strategic choices in green transitions. Citation: Journal of Industrial Relations PubDate: 2022-01-19T11:27:15Z DOI: 10.1177/00221856211051794
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Authors:Naama Bar-On Shmilovitch, Orna Blumen, Shay S. Tzafrir Abstract: Journal of Industrial Relations, Ahead of Print. Discrimination against pregnant employees is widespread despite labour laws aimed at protecting them. Pertaining to recently emerging research on pregnancy in the workplace, including pregnancy discrimination, this study considered the gravest manifestation of direct discrimination, and one that has been neglected to date: dismissal during pregnancy. Inspired by John's contextual theory, we sought to identify the socio-economic profile of dismissed pregnant employees, illustrating their uneven distribution across the labour market. This overlooked actuality of pregnancy dismissal was studied in Israel, an environment where labour laws extensively protect pregnant employees. We focused on nearly two decades (2004–2020) of cases litigated in Israeli labour courts. This study adds to the research on pregnancy in the workplace with a new perspective that not only illuminates a frequent yet hardly addressed reality but also reveals its social variability, deconstructing the generalized vulnerability that pregnancy often connotes for women employees. Finally, directions for future research and implications for the labour market, legislators and policymakers are put forward. Citation: Journal of Industrial Relations PubDate: 2022-01-18T11:53:07Z DOI: 10.1177/00221856211070633
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Authors:Elisa Rose Birch, Alison Preston First page: 327 Abstract: Journal of Industrial Relations, Ahead of Print. This article provides a review of the Australian labour market in 2021. It describes patterns of employment, unemployment and other key labour market outcomes in the year, including wages. In the year to September 2021, total employment increased by 2.6% for males and 2.2% for females, driven by a growth in full-time employment. While most labour market indicators returned to their pre-pandemic levels in 2021, young adults, particular men, casual employees and the self-employed were most disadvantaged by COVID-19. New South Wales and Victorian residents were similarly adversely affected. Notwithstanding inflationary fears, in the year to September 2021, headline inflation increased by 3.0% and the wage price index by 2.2%, rendering a fall in real wages during the year. Despite record low unemployment at year's end and a positive economic outlook for 2022, the future remains unclear. Citation: Journal of Industrial Relations PubDate: 2022-05-13T03:05:24Z DOI: 10.1177/00221856221100387
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Authors:Talara Lee, Laura Good, Briony Lipton, Rae Cooper First page: 347 Abstract: Journal of Industrial Relations, Ahead of Print. The year 2021 has been momentous for women at work in Australia. Two key themes loom large: first, the highly gendered impact of the COVID-19 pandemic on paid and unpaid work, and second, the ongoing crisis of persistent gender-based disrespect and violence in Australian workplaces. Both have prompted escalating demands for change to provide women with better jobs, improve the balance between work and care, and ensure more respect at work. This article examines these issues, briefly analyses the 2021–22 Federal Budget and parental leave policy in Australia a decade after a national scheme commenced, and foreshadows several issues on women and work to watch in 2022. Citation: Journal of Industrial Relations PubDate: 2022-05-16T07:20:50Z DOI: 10.1177/00221856221099624
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Authors:Mihajla Gavin First page: 362 Abstract: Journal of Industrial Relations, Ahead of Print. This article reviews the year across collective bargaining, union policy and strategy, as well as industrial responses to the COVID-19 pandemic. While the industrial environment rebounded slightly from the initial impact of the pandemic in 2020, similar themes persisted throughout 2021, including declining coverage of employees under collective agreements, a difficult bargaining environment in ‘essential’ industries, limited cooperation of the industrial relations parties during developments in the pandemic response and a continued pattern of low wages growth. While trade unions achieved isolated ‘wins’ on key matters, at a system level there continues to be enduring issues of low wages, insecure work and frustrations with the collective bargaining system, while the nation attempts to recover from the impact of the pandemic. Citation: Journal of Industrial Relations PubDate: 2022-05-12T01:12:29Z DOI: 10.1177/00221856221100381
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Authors:Michael Barry, Ryan Gould First page: 380 Abstract: Journal of Industrial Relations, Ahead of Print. For employers and their associations, 2021 began with the prospect of significant industrial relation change and a return to business as usual. However, the enduring implications of the pandemic, and defeat of many employer-supported aspects of the Coalition Government's legislative changes in the Senate, quickly dashed these dreams. Through a review of public submissions, media reports and interviews, this article explores the key activities and interests of employers and their associations throughout 2021. This year saw welcomed clarity regarding casual employment, renewed government interest in (if not support for) skilled migration, and through the enhanced use of online communication platforms, the opportunity for better member–association relationships. As the year progressed, employer attention shifted back to the pandemic, and more specifically, the challenge of managing vaccine mandates. For employers and their associations, 2021 was then a year of mixed results and enduring uncertainty. Citation: Journal of Industrial Relations PubDate: 2022-05-16T07:20:23Z DOI: 10.1177/00221856221099625
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Authors:Shae McCrystal, Daniel Tracey First page: 396 Abstract: Journal of Industrial Relations, Ahead of Print. By contrast with the flurry of legislative activity that accompanied the first 12 months of the COVID-19 pandemic in 2020, the 2021 calendar year was a comparatively quiet one both in the Commonwealth and the States. Significant developments at the Commonwealth level included amendments to the FW Act to provide a definition of ‘casual’ employment; a ‘class exemption’ for small business collective bargaining and amendments to the laws around sexual harassment at work that were implemented in the wake of the National Inquiry into Sexual Harassment in Australian Workplaces. At State level, NSW implemented further changes to various laws in order to further cushion the impact of the pandemic on working people, and the NSW Modern Slavery legislation finally took effect, 3 years after it was first passed by NSW Parliament. In Victoria, enforcement provisions for unpaid entitlements were enhanced, and the new Wage Theft Act 2020 came into force. Citation: Journal of Industrial Relations PubDate: 2022-05-23T05:50:49Z DOI: 10.1177/00221856221100372
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Authors:Gabrielle Golding First page: 412 Abstract: Journal of Industrial Relations, Ahead of Print. This 2021 annual survey of Australia's significant court and tribunal decisions spans five key areas. First, the focus is on the High Court's clarification around how employment status is to be determined. Secondly, it examines decisions that have continued to arise out of the Coronavirus pandemic with respect to dismissals stemming from mandatory vaccination policies, an employer's liability in respect of an employee's death caused by Coronavirus, as well as a series of cases involving Australia's major airline, Qantas Airways Ltd (Qantas). Thirdly, consideration turns to developments in general protections and the first application for a stop sexual harassment order made to the Fair Work Commission. Fourthly, it reviews recent decisions concerning out-of-hours conduct and connection to employment. Finally, decisions giving rise to record penalties for contraventions of the Fair Work Act 2009 (Cth) (FW Act) are evaluated. Citation: Journal of Industrial Relations PubDate: 2022-04-21T11:50:40Z DOI: 10.1177/00221856221094890
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Authors:Virginia Doellgast, Ines Wagner First page: 438 Abstract: Journal of Industrial Relations, Ahead of Print. The impact of technological change on employment, inequality and job quality has attracted considerable analysis from both scholars and practitioners. However, less attention has been paid to how digital technologies are changing contemporary workplaces and how workers are responding to these changes. This article reviews recent research from the multidisciplinary comparative employment relations field, with a focus on institutional resilience or change associated with digitalization; and the strategic responses of unions and other worker representatives to these trends. We find that the insights of economists, sociologists and employment relations scholars are complementary, as each addresses a different dimension of technological change and associated worker outcomes. Comparative employment relations researchers are more likely to influence current debates where they both articulate the unique contribution of their multi-method and comparative research methods and aggregate findings beyond single or paired industry and national case studies. Citation: Journal of Industrial Relations PubDate: 2022-05-19T04:29:59Z DOI: 10.1177/00221856221101165
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Authors:Sue Williamson, Alicia Pearce First page: 461 Abstract: Journal of Industrial Relations, Ahead of Print. Working from home expanded rapidly during the COVID-19 pandemic. This Controversy examines how working from home was framed and regulated pre-pandemic. We contrast this with the changes made to Australia's industrial award system during the pandemic to increase flexibilities around working from home, in response to a collective need for a responsive safety net. We argue that the conception and regulation of working from home is shifting from an individual flexibility, to a ‘collective flexibility’ available to a wide array of workers, collectively negotiated and governed by increased regulation. While industrial instruments were varied to accommodate public health requirements and the need of organisations and employees to work from home, these shifts were temporary. We argue that working from home provisions should rightly be regulated as a collective entitlement. We therefore consider possible ways forward in regulating this form of working, drawing from international developments. We raise these issues to extend debates around how working from home can be regulated to benefit employers and employees as we move towards COVID-normal. Citation: Journal of Industrial Relations PubDate: 2022-04-26T07:03:28Z DOI: 10.1177/00221856221094894
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Authors:Andrew Pendleton First page: 474 Abstract: Journal of Industrial Relations, Ahead of Print.
Citation: Journal of Industrial Relations PubDate: 2022-04-29T05:08:59Z DOI: 10.1177/00221856221096961