Collective Bargaining for Police and Other Essential Services

Giuseppe Carabetta is an Associate Professor of workplace and business law at The University Technology, Sydney.

ABSTRACT
AUTHOR’S NOTE
ACKNOWLEDGEMENTS

CHAPTER ONE: INTRODUCTION
I THE OBJECTIVES OF THIS WORK
II EFFECTIVE DISPUTE AVOIDANCE AND RESOLUTION FOR
A CRITICAL ESSENTIAL SERVICE
III THE ROLE OF INTERNATIONAL LABOUR STANDARD
IV METHODOLOGY
V A FRAMEWORK FOR EVALUATION
VI THE ORGANISATION OF THE STUDY AND ITS ARGUMENT
A The Study’s Argument

CHAPTER TWO: INTERNATIONAL LABOUR STANDARDS
I INTRODUCTION
II PUBLIC SECTOR COLLECTIVE BARGAINING AND THE FUNDAMENTAL ILO FREEDOM
OF ASSOCIATION CONVENTIONS
III THE RATIONALE BEHIND COLLECTIVE BARGAINING
A Introduction
B Levelling the Playing Field
C Promotion of Industrial Peace
IV INTERNATIONAL STANDARDS CONCERNING COLLECTIVE BARGAINING
A Introduction
B Principles Concerning Public Sector Bargaining
C Special Characteristics of Public Service
V DISPUTE RESOLUTION AND THIRD PARTY INTERVENTION
A Voluntary Nature of Bodies for the Resolution of Collective Bargaining
(Interests) Dispute
B Independence and Impartiality of Procedures and Confidence of Parties
C The Role of Arbitration in the Resolution of Bargaining Disputes
VI STRIKES AND THE WITHDRAWAL OF SERVICES
A The Right to Strike in the Public Sector
B The Right to Strike and Essential Public Service
VII THE AUSTRALIAN CASE ON COLLECTIVE BARGAINING AND THE RIGHT TO STRIKE
IN ESSENTIAL SERVICES
VIII CONCLUSION

CHAPTER THREE: THE AUSTRALIAN POLICE LABOUR RELATIONS FRAMEWORK
I INTRODUCTION
II THE REGULATION OF POLICE EMPLOYMENT IN AUSTRALIA
III THE CONCILIATION AND ARBITRATION SYSTEM
IV RE-SHAPING THE LABOUR RELATIONS SYSTEM: THE SHIFT TO ENTERPRISE
BARGAINING
A Limitations on Compulsory Arbitration
B Limitations on Industrial Action
C Matters Excluded from Bargaining
V CONCLUSION

CHAPTER FOUR: PUBLIC SECTOR DISPUTE RESOLUTION: THE MECHANISMS
I INTRODUCTION
II BACKGROUND: BARGAINING IN A PUBLIC SECTOR CONTEXT
III DISPUTE RESOLUTION IN THE PUBLIC SECTOR: THE MECHANISMS
A Conciliation and Mediation
B Arbitration
IV SUMMARY AND CONCLUSION

CHAPTER FIVE: THE REGULATION OF INDUSTRIAL ACTION
I INTRODUCTION
II CONCEPTS OF ESSENTIALITY
III ESSENTIAL SERVICES STRIKE MODELS
A The ‘No-Strike’ Model
B The ‘Unfettered-strike’ Model
C The ‘Controlled-Strike’ (or ‘Designation’) Model
IV THE DESIGNATION OF ESSENTIAL SERVICES UNDER A CONTROLLED-STRIKE
MODEL
V CONCLUSION

CHAPTER SIX: CASE STUDY 1, INTEREST ARBITRATION MODELS
IN CANADA
I INTRODUCTION
II STATUTORY FRAMEWORK
A Ontario
B British Columbia
III APPLICATION OF THE ARBITRAL CRITERIA AND COLLECTIVE BARGAINING
CONTEXT
IV DISCUSSION
V ALTERNATIVE APPROACHES
VI CONCLUSION

CHAPTER SEVEN: CASE STUDY 2, MEDIATION-ARBITRATION IN THE NEW ZEALAND POLICE
I INTRODUCTION
II THE NEW ZEALAND POLICE NEGOTIATION SYSTEM
A Statutory Foundation and Final-Offer Arbitration
B The Police Negotiation Framework
III A BLENDED MEDIATION-ARBITRATION MODEL
IV ALTERNATIVE PROPOSALS
V DISCUSSION AND ASSESSMENT
VI CONCLUSION

CHAPTER EIGHT: LESSONS AND RECOMMENDATIONS FOR
REFORM
I INTRODUCTION
II LESSONS AND RECOMMENDATIONS
A Adoption of a Mediation-Arbitration Model of Interest Arbitration
B Final-Offer Arbitration as a Dispute Resolution Option
C A Tripartite Arbitration Structure
D Arbitral Criteria
E Industrial Action
F An In-built Review Process

CHAPTER NINE: MOVING FORWARD …

BIBLIOGRAPHY