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	<title>Comments on: Devil in the Detail</title>
	<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/</link>
	<description>Blogging politics, culture, sociology and life from Brisvegas</description>
	<pubDate>Tue, 06 Jan 2009 11:42:40 +0000</pubDate>
	<generator>http://wordpress.org/?v=2.3.3</generator>
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		<title>By: Troppo Armadillo</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6883</link>
		<dc:creator>Troppo Armadillo</dc:creator>
		<pubDate>Mon, 30 May 2005 00:19:33 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6883</guid>
		<description>&lt;strong&gt;A dissident view of wrongful dismissal&lt;/strong&gt;

There's been an awful lot of discussion about the Howard government's proposed IR reforms from various, left-leaning bloggers and at Catallaxy from a more right of centre viewpoint. I deplore the stripping away of basic employment terms and condition...</description>
		<content:encoded><![CDATA[<p><strong>A dissident view of wrongful dismissal</strong></p>
<p>There&#8217;s been an awful lot of discussion about the Howard government&#8217;s proposed IR reforms from various, left-leaning bloggers and at Catallaxy from a more right of centre viewpoint. I deplore the stripping away of basic employment terms and condition&#8230;</p>
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		<title>By: philosophy.com</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6805</link>
		<dc:creator>philosophy.com</dc:creator>
		<pubDate>Sun, 29 May 2005 04:25:10 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6805</guid>
		<description>&lt;strong&gt;neo-liberalism+welfare to work reform&lt;/strong&gt;

I read Peter Saunders new book Australia's Welfare Habit and how to kick it whilst travelling to and from Canberra in the last couple of weeks. The book is usefully summarized in this article at the Brisbane Institute's online magazine. Saunders is a...</description>
		<content:encoded><![CDATA[<p><strong>neo-liberalism+welfare to work reform</strong></p>
<p>I read Peter Saunders new book Australia&#8217;s Welfare Habit and how to kick it whilst travelling to and from Canberra in the last couple of weeks. The book is usefully summarized in this article at the Brisbane Institute&#8217;s online magazine. Saunders is a&#8230;</p>
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		<title>By: The 52nd State</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6764</link>
		<dc:creator>The 52nd State</dc:creator>
		<pubDate>Sat, 28 May 2005 06:36:35 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6764</guid>
		<description>&lt;strong&gt;They're Liberals, what did you expect?&lt;/strong&gt;

Tim Dunlop has a cracker of a post on the philosophies behind the new IR "reforms" due to come into parliament once the Liberals seize control of the senate in July. In this post he spells out the dichotomous attitudes on IR policy between the left a...</description>
		<content:encoded><![CDATA[<p><strong>They&#8217;re Liberals, what did you expect?</strong></p>
<p>Tim Dunlop has a cracker of a post on the philosophies behind the new IR &#8220;reforms&#8221; due to come into parliament once the Liberals seize control of the senate in July. In this post he spells out the dichotomous attitudes on IR policy between the left a&#8230;</p>
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		<title>By: Mark</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6706</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Sat, 28 May 2005 01:39:38 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6706</guid>
		<description>No probs, Tony - I know all about commenting under the influence and overwork!</description>
		<content:encoded><![CDATA[<p>No probs, Tony - I know all about commenting under the influence and overwork!</p>
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		<title>By: Tony</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6701</link>
		<dc:creator>Tony</dc:creator>
		<pubDate>Fri, 27 May 2005 21:41:01 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6701</guid>
		<description>Sorry, Mark - Kim's right, tub thumping pretty much describes it (or chest beating).  I plead Commenting Under The Influence, and a week negotiating rosters with a multi-status workforce (all very highly paid, Kim, you judge correctly).   No excuse - my apologies.</description>
		<content:encoded><![CDATA[<p>Sorry, Mark - Kim&#8217;s right, tub thumping pretty much describes it (or chest beating).  I plead Commenting Under The Influence, and a week negotiating rosters with a multi-status workforce (all very highly paid, Kim, you judge correctly).   No excuse - my apologies.</p>
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		<title>By: Mark</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6631</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Fri, 27 May 2005 11:20:10 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6631</guid>
		<description>What Kim said.

Robert, pattern bargaining refers to when a union seeks to strike identical certified agreements with all employers in an industry or presents identical claims to all employers in an industry as a baseline for negotiations. This is held to be contrary to the intent of enterprise bargaining which is supposed to tailor conditions and wages to each specific workplace.

It's very common in manufacturing, construction and higher education.</description>
		<content:encoded><![CDATA[<p>What Kim said.</p>
<p>Robert, pattern bargaining refers to when a union seeks to strike identical certified agreements with all employers in an industry or presents identical claims to all employers in an industry as a baseline for negotiations. This is held to be contrary to the intent of enterprise bargaining which is supposed to tailor conditions and wages to each specific workplace.</p>
<p>It&#8217;s very common in manufacturing, construction and higher education.</p>
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		<title>By: Kim</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6629</link>
		<dc:creator>Kim</dc:creator>
		<pubDate>Fri, 27 May 2005 11:13:36 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6629</guid>
		<description>&lt;i&gt;Mark, I‚Äôm talking experience at what one might call the sharp end - intepreting an overtime clause over the phone at 0200 on a Sunday morning in the rain, with the shop steward shouting in your other ear.&lt;/i&gt;

Tony, what is this - a chest thumping exercise about whose experience is more at the "sharp end"?

I'm sure since Mark has worked in this area he's been involved in tough negotiations. Whether or not they take place at 2am on Sunday in the rain is not relevant.

The bigger point is that all of us (I imagine) are or have been in the workforce - we've all had experience as an employee and some as an employer, and we've all had to negotiate power relations at work and been affected by IR laws.

I've worked on both sides of the fence - as an employee and as a small business owner. And I've worked as an independent contractor.

These non-award employees you're talking about are probably highly skilled workers or workers in an industry that pays high wages generally. Life ain't so grand for labourers or cleaners, or for people in the hospitality and retail industries (the fastest growing areas of employment) who in many cases depend on things like penalty payments for a decent if frugal income. And very few employees in smaller retail or hospitality businesses get anything but award conditions at the moment.

And we're all citizens and have a right to have a say.

I'd back up Kate's point - I know of people in the industry I work in (also a fairly small one) who've had similar experiences.</description>
		<content:encoded><![CDATA[<p><i>Mark, I‚Äôm talking experience at what one might call the sharp end - intepreting an overtime clause over the phone at 0200 on a Sunday morning in the rain, with the shop steward shouting in your other ear.</i></p>
<p>Tony, what is this - a chest thumping exercise about whose experience is more at the &#8220;sharp end&#8221;?</p>
<p>I&#8217;m sure since Mark has worked in this area he&#8217;s been involved in tough negotiations. Whether or not they take place at 2am on Sunday in the rain is not relevant.</p>
<p>The bigger point is that all of us (I imagine) are or have been in the workforce - we&#8217;ve all had experience as an employee and some as an employer, and we&#8217;ve all had to negotiate power relations at work and been affected by IR laws.</p>
<p>I&#8217;ve worked on both sides of the fence - as an employee and as a small business owner. And I&#8217;ve worked as an independent contractor.</p>
<p>These non-award employees you&#8217;re talking about are probably highly skilled workers or workers in an industry that pays high wages generally. Life ain&#8217;t so grand for labourers or cleaners, or for people in the hospitality and retail industries (the fastest growing areas of employment) who in many cases depend on things like penalty payments for a decent if frugal income. And very few employees in smaller retail or hospitality businesses get anything but award conditions at the moment.</p>
<p>And we&#8217;re all citizens and have a right to have a say.</p>
<p>I&#8217;d back up Kate&#8217;s point - I know of people in the industry I work in (also a fairly small one) who&#8217;ve had similar experiences.</p>
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		<title>By: Tony</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6628</link>
		<dc:creator>Tony</dc:creator>
		<pubDate>Fri, 27 May 2005 10:36:50 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6628</guid>
		<description>"ideologically driven. "  Which of course Bill Shorten &#38; Greg Combet aren't.

Mark, I'm talking experience at what one might call the sharp end - intepreting an overtime clause over the phone at 0200 on a Sunday morning in the rain, with the shop steward shouting in your other ear.

"most of the inequities in it arise from the WRA Act" - you must be kidding.   I've sat in a Commission hearing over demarcation disputes before the WRA Act was a twinkle in anyones eye, and I'm telling you, the inequities started a LONG time before that.

"It may be a little more complex than that, Winstanley, according to some lawyers. See this comment. I‚Äôm sure the unions and the State governments will be seeking some good legal advice on this."   My point exactly - as soon as you bring the lawyers into the employment relationship, you've lost, we've lost, everyone's lost.   

Call me an idealist, but having worked in unionised, partly unionised and "all staff" workforces, I know who's enjoying better conditions, better employee/employer relationships, better pay and more leverage over their lifestyle.   I'll generally go with the evidence of my eyes.

"sensible reform" - Maybe it's just the difference between a coffee house discussion and a crib room card game.   

Homer - get yourself a job in the real world and have a look at how it works or doesn't.   Kate - you got one version from your friend.   Maybe, just maybe, there might be a little more to it.   I've also spent some time on the other side of an arbitrators bench on an unfair dismissal hearing - and, let me tell you, there was nothing unfair about it.

</description>
		<content:encoded><![CDATA[<p>&#8220;ideologically driven. &#8221;  Which of course Bill Shorten &amp; Greg Combet aren&#8217;t.</p>
<p>Mark, I&#8217;m talking experience at what one might call the sharp end - intepreting an overtime clause over the phone at 0200 on a Sunday morning in the rain, with the shop steward shouting in your other ear.</p>
<p>&#8220;most of the inequities in it arise from the WRA Act&#8221; - you must be kidding.   I&#8217;ve sat in a Commission hearing over demarcation disputes before the WRA Act was a twinkle in anyones eye, and I&#8217;m telling you, the inequities started a LONG time before that.</p>
<p>&#8220;It may be a little more complex than that, Winstanley, according to some lawyers. See this comment. I‚Äôm sure the unions and the State governments will be seeking some good legal advice on this.&#8221;   My point exactly - as soon as you bring the lawyers into the employment relationship, you&#8217;ve lost, we&#8217;ve lost, everyone&#8217;s lost.   </p>
<p>Call me an idealist, but having worked in unionised, partly unionised and &#8220;all staff&#8221; workforces, I know who&#8217;s enjoying better conditions, better employee/employer relationships, better pay and more leverage over their lifestyle.   I&#8217;ll generally go with the evidence of my eyes.</p>
<p>&#8220;sensible reform&#8221; - Maybe it&#8217;s just the difference between a coffee house discussion and a crib room card game.   </p>
<p>Homer - get yourself a job in the real world and have a look at how it works or doesn&#8217;t.   Kate - you got one version from your friend.   Maybe, just maybe, there might be a little more to it.   I&#8217;ve also spent some time on the other side of an arbitrators bench on an unfair dismissal hearing - and, let me tell you, there was nothing unfair about it.</p>
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		<title>By: Robert Merkel</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6627</link>
		<dc:creator>Robert Merkel</dc:creator>
		<pubDate>Fri, 27 May 2005 10:24:01 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6627</guid>
		<description>Mark, excuse my ignorance, but what's pattern bargaining?</description>
		<content:encoded><![CDATA[<p>Mark, excuse my ignorance, but what&#8217;s pattern bargaining?</p>
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		<title>By: The 52nd State</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6621</link>
		<dc:creator>The 52nd State</dc:creator>
		<pubDate>Fri, 27 May 2005 09:41:28 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6621</guid>
		<description>&lt;strong&gt;Fool me twice...&lt;/strong&gt;

Also in Tuesday's question time was a nice piece of illogic from the Prime Minister on the subject of the upcoming workplace relations reforms...</description>
		<content:encoded><![CDATA[<p><strong>Fool me twice&#8230;</strong></p>
<p>Also in Tuesday&#8217;s question time was a nice piece of illogic from the Prime Minister on the subject of the upcoming workplace relations reforms&#8230;</p>
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		<title>By: Mark</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6619</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Fri, 27 May 2005 09:28:43 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6619</guid>
		<description>And in case it's relevant, I've worked in the private as well as the public sector.

</description>
		<content:encoded><![CDATA[<p>And in case it&#8217;s relevant, I&#8217;ve worked in the private as well as the public sector.</p>
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		<title>By: Mark</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6617</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Fri, 27 May 2005 09:25:04 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6617</guid>
		<description>Tony, I've worked in HR/IR management and as an IR consultant off and on for many years. I've certainly been involved in negotiating agreements, variation of awards, negotiation of grievances, recruitment and selection, and other stuff. I'm not defending the current system as some sort of nirvana - although I will note that most of the inequities in it arise from the WRA Act. There is room for sensible reform. However, what we are getting is not that - it's ideologically driven.

</description>
		<content:encoded><![CDATA[<p>Tony, I&#8217;ve worked in HR/IR management and as an IR consultant off and on for many years. I&#8217;ve certainly been involved in negotiating agreements, variation of awards, negotiation of grievances, recruitment and selection, and other stuff. I&#8217;m not defending the current system as some sort of nirvana - although I will note that most of the inequities in it arise from the WRA Act. There is room for sensible reform. However, what we are getting is not that - it&#8217;s ideologically driven.</p>
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		<title>By: Tony</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6616</link>
		<dc:creator>Tony</dc:creator>
		<pubDate>Fri, 27 May 2005 09:08:47 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6616</guid>
		<description>And another thing...

How many of you people actually work in unionised workplaces, negotiate awards and certified agreements/EBA's, handle the reality of these conditions day to day, drive through picket lines over a person's right or otherwise to join a union etc.   Do you really know the first thing about "the detail"?   Live it, breathe it, try to make it work every day?

I'm not discounting the need for a theoretical grasp of the system, but get out and try and make it work...</description>
		<content:encoded><![CDATA[<p>And another thing&#8230;</p>
<p>How many of you people actually work in unionised workplaces, negotiate awards and certified agreements/EBA&#8217;s, handle the reality of these conditions day to day, drive through picket lines over a person&#8217;s right or otherwise to join a union etc.   Do you really know the first thing about &#8220;the detail&#8221;?   Live it, breathe it, try to make it work every day?</p>
<p>I&#8217;m not discounting the need for a theoretical grasp of the system, but get out and try and make it work&#8230;</p>
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		<title>By: Tony</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6615</link>
		<dc:creator>Tony</dc:creator>
		<pubDate>Fri, 27 May 2005 09:03:54 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6615</guid>
		<description>"In some ways there may be a couple of unintended outcomes from these changes - a possible increase in unionisation as people get scared".

Then it will be very easy to check, won't it?   And if the flight from unions continues, then you'll be wrong, won't you?

Applying the precautionary principle to anything makes a nonsense of it.</description>
		<content:encoded><![CDATA[<p>&#8220;In some ways there may be a couple of unintended outcomes from these changes - a possible increase in unionisation as people get scared&#8221;.</p>
<p>Then it will be very easy to check, won&#8217;t it?   And if the flight from unions continues, then you&#8217;ll be wrong, won&#8217;t you?</p>
<p>Applying the precautionary principle to anything makes a nonsense of it.</p>
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		<title>By: observa</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6613</link>
		<dc:creator>observa</dc:creator>
		<pubDate>Fri, 27 May 2005 08:42:36 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6613</guid>
		<description>I can understand the reservations some have with enterprise bargains between individuals and their employer with regards the power of respective parties. There is no doubt that some employees miss out on their true market worth because of inferior bargaining skills compared to some of their workmates. Employers often have secrecy agreements for this very purpose. The solution would be to give every employee within an enterprise, free and open access to every individual's AWA. Now there's a thought for you leftys to chew on.</description>
		<content:encoded><![CDATA[<p>I can understand the reservations some have with enterprise bargains between individuals and their employer with regards the power of respective parties. There is no doubt that some employees miss out on their true market worth because of inferior bargaining skills compared to some of their workmates. Employers often have secrecy agreements for this very purpose. The solution would be to give every employee within an enterprise, free and open access to every individual&#8217;s AWA. Now there&#8217;s a thought for you leftys to chew on.</p>
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		<title>By: Winstanley</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6606</link>
		<dc:creator>Winstanley</dc:creator>
		<pubDate>Fri, 27 May 2005 07:12:08 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6606</guid>
		<description>I have it on good authority that it can be attacked at the margins but in Victoria v. Commonwealth the High Court majority has already said that the ability to regulate terms and conditions of employment through the corporations power is essentially unlimited.

Geez I hope I am wrong!</description>
		<content:encoded><![CDATA[<p>I have it on good authority that it can be attacked at the margins but in Victoria v. Commonwealth the High Court majority has already said that the ability to regulate terms and conditions of employment through the corporations power is essentially unlimited.</p>
<p>Geez I hope I am wrong!</p>
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		<title>By: Mark</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6601</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Fri, 27 May 2005 06:45:17 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6601</guid>
		<description>It may be a little more complex than that, Winstanley, according to some lawyers. See this &lt;a href="http://larvatusprodeo.net/2005/05/27/democratic-deficit-and-the-disconnect/#comment-6510" rel="nofollow"&gt;comment&lt;/a&gt;. I'm sure the unions and the State governments will be seeking some good legal advice on this.</description>
		<content:encoded><![CDATA[<p>It may be a little more complex than that, Winstanley, according to some lawyers. See this <a href="http://larvatusprodeo.net/2005/05/27/democratic-deficit-and-the-disconnect/#comment-6510" rel="nofollow">comment</a>. I&#8217;m sure the unions and the State governments will be seeking some good legal advice on this.</p>
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		<title>By: Winstanley</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6596</link>
		<dc:creator>Winstanley</dc:creator>
		<pubDate>Fri, 27 May 2005 06:26:02 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6596</guid>
		<description>Regarding the blocking of the operation of the State unfair dismissal laws - is not too hard. Under the section of the constitution dealing with State/Federal law conflicts [s109] all the Feds have to do is show an intention to cover the field. If they said something like:

"In a constitutional corporation which employs more than 100  employees no  employee shall have the right to bring unfair dismissal proceedings under Federal or State law."

That would work in blocking out the operation of the State system. How we gonna make the workers rise "educate, agitate, organise"!

</description>
		<content:encoded><![CDATA[<p>Regarding the blocking of the operation of the State unfair dismissal laws - is not too hard. Under the section of the constitution dealing with State/Federal law conflicts [s109] all the Feds have to do is show an intention to cover the field. If they said something like:</p>
<p>&#8220;In a constitutional corporation which employs more than 100  employees no  employee shall have the right to bring unfair dismissal proceedings under Federal or State law.&#8221;</p>
<p>That would work in blocking out the operation of the State system. How we gonna make the workers rise &#8220;educate, agitate, organise&#8221;!</p>
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		<title>By: Homer Paxton</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6583</link>
		<dc:creator>Homer Paxton</dc:creator>
		<pubDate>Fri, 27 May 2005 06:02:41 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6583</guid>
		<description>The interesting thing is that the literature in the business schools has workplace negotiations being at their optimal when they are done over the workplace as a whole NOT on an individual basis.

No surprise to see EBAs being of a much higher benefit to employers/employees than AWAs.

no surprise either that no employer at the Commision has been able to show the inherent 'porductivity' benefits of imposing AWAs.</description>
		<content:encoded><![CDATA[<p>The interesting thing is that the literature in the business schools has workplace negotiations being at their optimal when they are done over the workplace as a whole NOT on an individual basis.</p>
<p>No surprise to see EBAs being of a much higher benefit to employers/employees than AWAs.</p>
<p>no surprise either that no employer at the Commision has been able to show the inherent &#8216;porductivity&#8217; benefits of imposing AWAs.</p>
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		<title>By: saint</title>
		<link>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6574</link>
		<dc:creator>saint</dc:creator>
		<pubDate>Fri, 27 May 2005 05:34:03 +0000</pubDate>
		<guid>http://larvatusprodeo.net/2005/05/27/devil-in-the-detail/#comment-6574</guid>
		<description>I wonder about this two tier set up based on what seems to me to be an arbitary figure of 100 employees (up from the touted 20). Too much whinging that it is unfair - why are some covered by certain protections and others not - then all the government has to do is extend it to everyone.  They wish.

</description>
		<content:encoded><![CDATA[<p>I wonder about this two tier set up based on what seems to me to be an arbitary figure of 100 employees (up from the touted 20). Too much whinging that it is unfair - why are some covered by certain protections and others not - then all the government has to do is extend it to everyone.  They wish.</p>
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