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Legal Restraints On The Development of Industrial Democracy in Australia
Author(s) -
McCarthy Terry
Publication year - 1981
Publication title -
asia pacific journal of human resources
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.825
H-Index - 33
eISSN - 1744-7941
pISSN - 1038-4111
DOI - 10.1177/103841118101800306
Subject(s) - democracy , constitution , servant , industrial democracy , industrial relations , law and economics , law , work (physics) , political science , sociology , business , computer science , engineering , politics , mechanical engineering , programming language
In Australia, emphasis in the debate on industrial democracy has centred largely on the potential benefits of such schemes. Insufficient attention has been given to the question of how these schemes are to fit in to the wider legal environment existing here. The introduction of schemes directed to changing traditional work or decision‐making patterns would require some changes to the law. This problem is made more complex because of the federal nature of Australia's Constitution; its highly‐legalistic industrial relations systems; and its reliance on master and servant law to determine the existence of an employment relationship.