Nevertheless, a party`s insistence on a certain contract term is not necessarily an unfair labour practice. The NRL and the courts that review and enforce their orders are not prepared to replace their judgment with that of the parties and will not judge the content of the collective agreements (NLRB/American National Insurance Co., 343 U.S. 395, 72 P. Ct. 824, 96 L Ed. 1027 ). Moreover, the use of “economic weapons”, such as pressure tactics, picketing and strikes to force bargaining concessions, is not necessarily a negotiation in bad faith (NLRB v. Insurance Agents` International Union, 361 U.S. 477, 80 P.
Ct. 419, 4 L Ed. 2d 454 ). An important initiative concerns new rules on unjustified dismissals. Companies with fewer than 100 employees are exempt from the requirements to avoid wrongful dismissals and companies with more firms are allowed to make new arguments, such as operating reasons, to achieve the same result (Chapman, 2006). This undermines the job security of a large number of workers who had previously enjoyed some protection from dismissal, which could be considered harsh, unfair or inappropriate. The initiative responds to a long-standing and violent campaign by employers` organizations that denounced the 1994 law on unfair dismissals as an obstacle to job creation, especially in small businesses. But both the campaign and the recent government initiative seem hard to be justified: Australia has traditionally been at the bottom of the OECD ranking in terms of the rigour of its employment protection rules (OECD, 2004). Furthermore, based on current research findings, it seems unlikely that a weakening of these already weak provisions will stimulate significant employment growth (Freyens and Oslington, 2005; OECD, 2006). The potential of workers to be affected by different regulatory flows makes the current allocation difficult to calculate; For example, part of their compensation and terms can be paid by bonuses and some of it can be settled by another form of agreements. Table 4.2 contains some indications.
It suggests that the proportion of workers who paid exactly the premium quota in 2006 was relatively low – 19%.5 What were the main alternatives to rewards? The category of registered individual agreements, particularly federal ACCORDS, was small (3.1 per cent). An important category consisted of unregistered individual contracts covering 31.7% of employees, but it should be a heterogeneous group composed of certain employees in an unregulated sector, mainly governed by national contracts, with certain employees whose wages are determined mainly by an increase or agreement, but who benefit from additional remuneration granted by their employer. , known as the Over-Award.