Hrm 603 major assign

Name: CagiMerelita

ID No.: 2011001230

Table of Contents
Introduction ................................................................................................................1

Key features and processes of ER/IR system of the three countries .........................4

Structures and roles and relationship .........................................................................6

Role of Trade Unions in each country .......................................................................7

The role of the State in each country .........................................................................8

The role of Employers Association............................................................................9

Labour market philosophies .....................................................................................10

Labour legislations or Laws .....................................................................................11

Legal framework (collective or individual) .............................................................13

Recent Trends/ Changes ..........................................................................................14

Conclusion ...............................................................................................................15

Introduction
Employment Relations can be defined as the study of the rules and rule – making processes that
regulate the employment relations (Bray, Waring, & Cooper, 2009). It was further noted by
(Bray, Waring, & Cooper, 2009) that at the core of Employment relations, are different views
about the most effective way to manage the relationship between an organization and its
representatives, the managers, and employees and their representatives. This is evident, as
(Devereaux & Moore, 1995) defined employment relationship as the “set of all relations and
supporting institutions between employees and employers (Flanagan et al., 1989)”. This is all
summed up by(Sagoa, 2013) who noted that;Industrial relations is a multidisciplinary field that
studies the employment relationship and it explores the relationship between employers and
employees, employers and trade unions, their relationship with the state and other stakeholders,
with industrial relations being increasingly called employment relations because of the
importance or significance of non- industrial or employment relationships.

Historically, the British system was heavily indebted in the Australian system. According to
(Sagoa, 2013) , the British system of employment was a collective bargaining one which was
adversarial as supposed to consensual by nature, with the system encompassed a well -
developed trade union movement which was primarily craft as opposed to industry based union.
This system was significant in terms of the development of other employment relations systems,
such as Australia. Since the 1960s, „tradition voluntarism‟ has been weakened by the increasing
legislative intervention of the state, particularly since the election of the Conservative Party in
19701.

It was further noted by (EIROnline, 2009) that; the system of industrial relations in the United
Kingdom (UK) is traditionally characterized by voluntary relations between the social partners,
with a minimal level of interference from the state. In the context of very early industrialization
and a liberal political culture in which the state seldom intervened in the affairs of private actors,
1
Sagoa, I. (2013, January 4). Industrial or Employment Relations in the United States; Industrial or Employment Relations in Great
Britain. HRM 603: Comparative Studies in Industrial or Employment Relations. Suva, Nasinu, Fiji: Fiji National University Nasinu
Campus.

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trade unions gradually consolidated their membership and power base throughout the 19th
century. Various legislative developments also allowed trade unions the right to organize
workers and engage in industrial action. The economic context throughout this time was also
favorable to the development of trade unionism. Owing to the pace of industrialization and the
existence of substantial colonial markets for UK industry, the 19th century and early 20th
century were characterized by extensive economic growth. This economic climate facilitated the
development of a system in which some of the fruits of economic development could be
designated for collectively bargained wage increases. In terms of the role of the law, collective
bargaining was far more important than the influence of legal regulation. For employers and
trade unions, the role of statute law was to support and extend collective bargaining rather than
to comprehensively regulate the system. Notably, the law provided trade unions with a series of
„immunities‟ from UK common law.

Historically, Australia‟s employment relations system can be traced back to the period of the
Second World War when manpower shortages and the demands of the war effort required the
smooth assimilation of a large number of women into the workforce, many in very non –
traditional roles (Cochrane, 1985)2. Politically, the Australian system is heavily indebted to the
British system. According to (Shelton, 1995), “recent changes in the international economic
standing of Australia have created an „economic crisis‟ mentality, that is having a last impact on
business and politics in this country, as the government in the late 1980s, recognized the
importance of human resource management in its effort to restructure industry and promote a
more productive business environment”.

Economically,(Shelton, 1995) noted that, the international economy has changed in recent times
especially since the 1980s; the Australian governments have changed their strategies on how the
domestic economy should respond to international developments. Australian economic
development has always been strongly affected by its place in the international political
economy.

2
Shelton, D. (1995). Human Resources in Australia. In L. F. Moore, & J. P. Devereaux, Human Resource Management on the Pacific Rim:
Institutions, Practices, & Attitudes (pp. 31-35). New York: Walter de Gruyter.

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(Shelton, 1995) further noted that the “Australian economy during the nineteenth century, was
very open to international force, however, their economy remains highly dependent on its mining
and agriculture industries, despite these industries employing a mere 5% of the total workforce,
and has generally experienced strong economic growth from the 1980s to 2007, with the
exception of a sharp downturn in 1990 – 91”.

When compared to the background of Australia, United States of America, human resource
management according to (Devereaux & Moore, 1995), “is at the turn of this century appears to
be in a state of transition, whether viewed by human resource specialists or industrial relations
theorists”. This is supported by (Sagoa, 2013) , who noted thatthe persistence of economic
pressure that first challenged American industry in the 1970s continues to reshape US industrial
relations, with an effort to maintain their competitiveness, US firms have developed panoply of
strategies ranging from confrontation and labor control to collaboration and employee
empowerment. Furthermore, globalization of markets, rapid technological changes, shorter
product – life cycles and shifts in consumer preferences have increased the pressures on US
firms.

According to (Devereaux & Moore, 1995), the “modern employment relationship in the US
began in the mid – 1800s with the advent of the mechanized factory, which required the
availability of more unskilled and skilled labor on a longer term, reliable basis (Chandler, 1962;
Dobbin, 1992; Jacoby, 1985)”.

(Schneider & Stepp, 2006)noted that “employee involvement was first promoted in the late
1960s and 1970s as an antidote to growing disaffection with the industrial workplace”.
Moreover, (Kaufman, 2006) added that, “…..after the field‟s early ideas were adopted as public
policy and workers secured some protections at work – through laws and unions-difficulties and
differences emerged”.

Therefore, this assignment will compare and contrasts the main features of
Employment/Industrial relations between Great Britain, US and Australia, with usage of
examples.

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Key features and processes of ER/IR system of the three countries

According to (Sagoa, 2013), the key features of the system in Britain are;the influence of the
Conservative Government since 1970 on the pattern of employment relations in Britain, the
effect which political climate has on Trade union density, the decline in collective bargaining
and the change in the level at which the such bargaining is occurring, the extent to which Human
Resource Management policies are being pursued by British Management, the view of authors/
scholars with regards to the transformation of British employment relations and the influence of
European Union and the effect of change in government on the future direction of employment
relations.

Furthermore, (Sagoa, 2013) noted that the key features in the United States Industrial Relations
systems. He noted that there is a “three- tier structure of industrial relations in the United States
which are economy, sectoral, and company/establishment bargaining, and local unions deal with
the daily interaction with employers at the workplace”. However, (Sagoa, 2013) further noted
that “……there has been a change in the shared ideology among the three players (employers,
trade union and government) since the 1980, with the employment having moved from
manufacturing jobs and other jobs that have traditionally been represented by unions to more
service and high technology jobs, and employers have learned that using positive human
resource management practices. Finally, in the past several the governments has increasingly
provided for the protection of workers‟ rights by passing a variety of legislative actions”.

Moreover, the Australian key features of the system in Australia are, according to (Sagoa, 2013),
the Australian employment relations have moved from centralized to decentralized regulation of
work, from awards and collectively negotiated agreements to individual contracts of
employment, from full-time, permanent and continuing jobs to contingent forms of work and
from a pluralist system of employment relations to a unitarist approach in which collective forms
of worker representation are diminished.

Therefore, when comparing the key features of each of the countries, the similar key features, are
the significant legislative, structural changes, with declines in union density and power, increase
in non – standard forms of employment. However, Great Britain and United States both have a
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centralised system of industrial relations, whereas Australia, is trying to move away from a
centralised system to a decentralised system.

According to (Sagoa, 2013), the voluntary system characterized by the British industrial relations
system for most of the 20th century, at its heart was a policy of relative legal abstention, with
primacy to – and support for –regulation through collective bargaining, as the regulation of
employment relationship by means of collective bargaining between employers and unions
(including multi – employer level) was far more important than legal regulation through Acts of
Parliament, where statutory law intervened, it did so to support and extend the collective
bargaining and to plug gaps, its coverage and protection.

However, the coverage of collective bargaining in Great Britain has shrunk, as union
membership and density, particularly in the private sector (Sagoa, 2013). This was further
supported by(EIROnline, 2009) who noted that, “collective bargaining has become far more
decentralised since the 1970s and 1980s”. But when compared to Australia, according to
(Shelton, 1995), “The view of union movement is that Australian Workplace Agreement
(AWAs), are an attempt to undermine the collective bargaining power of trade unions in the
negotiation of pay and conditions of their members”. Whereas, in the United States, according to
(Sagoa, 2013), collective bargaining effectively sets and regulates the broad, middle tier of the
wage distribution and employment conditions.

Therefore, it can further be said that collective bargaining is used by all the three countries as a
means to settle disputes in workplaces, and the outcome of the negotiations both are benefited by
the employers and its workers.

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Structures and roles and relationship

The structure of employment has changed radically in recent years (Sagoa, 2013). This statement
is true as over the years, the countries, Australia, Great Britain and United States developed
economically, with the increase in supply and demand for labor. According to (Sagoa, 2013)
Australia‟s structure of employment changed radically, that is, there is a decline in full – time
permanent employment, with the expansion of various forms of non – standard employment
(such as casual work, temporary jobs, outsourcing and use of agencies and other labor market
intermediaries). (Moriguchi, 2000)noted that, in the U.S. employment system, explicit and
elaborate employment contracts in large manufacturingfirms were reinforced by the well-
developed legal enforcement mechanism providedby the state; at the same time, as more firms in
the economy relied on explicit contracts, the state‟s return from providing a legal system to
enforce such contracts became higher.

(Huebsch, 2013)added that in the United States of America; the history of the labor-management
relationship started in the mid-1860s with the Industrial Revolution. Mass migration of workers
from rural to urban areas led to a surplus of labor, and tough competition between factories. In
general, few laws existed to protect workers, and employers focused on cutting costs rather than
the care of their personnel. Companies often fired workers for taking part in union activities. The
first national union, the Knights of Labor, dominatedlabor-management relations by organizing
political actions and conducting arbitration with companies on behalf of workers.

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Role of Trade Unions in each country

The role of trade unions has changed significantly over the past thirty years (Wright, 2011).
Trade unions have a number of functions, some of which have been more prominent than others
at different periods in history, but, over the course of time trade unions have developed five
principal functions (Ewing, 2004). (Ewing, 2004)further noted that “the five developed principal
functions are a service function; a representation function; a regulatory function; a government
function; and a public administration function”. According to (WikiAnswers, 2013), there are
nine main functions of a trade union which are;collective bargaining with the management to
settle terms and conditions of employment, advise the management on personnel policies and
practices, taking up the individual and collective grievances of the workers with the
management, work for achieving better say of workers in the management of affairs of the
enterprise which influence the lives of the workers directly, organising demonstrations, strikes,
etc, to press demands of workers, education of workers and their children, welfare and
recreational activities of their members, representing of workers in various national and
international forums, and securing legislative protection for workers from the government.

The main service a union provides for its members is negotiation and representation. According
to (Margetts, 1998), most „collective bargaining‟ takes place quietly and agreements are quickly
reached by the union and the employer. The establishment of conciliation and arbitration systems
encouraged the rapid growth of Australian unions and, to a lesser extent, employer
association(Sagoa, 2013). According to (Shelton, 1995), in Australia, unions may acquire the
status of a legal entity (known as collective bargaining) over wages, working hours and other
terms and conditions of employment. In Great Britain, it has been noted by (EIROnline, 2009),
“……trade unions in different companies and sectors often share information with one
another…”

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The role of the State in each country

According to (Devereaux & Moore, 1995), the role of the state has become more important than
the labour may having to lose power to management. Overall, the role of the state is to establish
laws such as Safety regulations and to also provide financial aid to businesses, that contribute to
the economy of a country, in order to keep the economy afloat(Rollinson, n.d.).
Until the 1950s there was probably no other industrialised country in the world where the State
was less interventionist in terms of its employment relations laws than Britain (Rollinson, n.d.).
However, the pace of State intervention has accelerated significantly since the end of the Second
World War, first during the 1960s and 1970s and then again in the 1980s; further interventions
by the State during the new millennium have altered the employment relations landscape in
Britain even more(Rollinson, n.d.). As a result, it is now probably fair to say that individual
employment laws, rather than voluntary collective bargaining agreements, regulate working
conditions in Britain (Ewing, 2003), which has had a huge impact on the behaviour of managers,
trade unions and employees(Rollinson, n.d.).

Overall, it can be summarised as, according to (Sagoa, 2013), the key roles of the state in the
industrial relations or employment relations context are; provision of institutional framework
where the general aim of the state is to provide for the bilateral relationship between the
worker/trade unions and employers/their representatives, provision for collective bargaining
where the state provides the general alternative mechanism for settling general terms
employment by non-political means, limiting or avoiding industrial conflicts where in all
developed nations, the state tries to avoid or limit collective industrial conflicts, and
interpretation of conflict of right and interest where clear distinction is and collective conflict of
interest which are solved peacefully between the parties.

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The role of Employers Association

(Sagoa, 2013)noted that for the role of employer‟s association are to provide advice, support and
training to members on industrial relations, and a wide range of employment or work related
matters.An employers association could also be described as (EIROnline, 2009) noted, as a
counterpart to a trade union in that it organises employers and represents them in collective
bargaining, offers them specialist advice and services and represents them before certain bodies
such as the Employment Appeals Tribunal of the Labour Court.

For Australia, most employers Association were vocally supportive of Work Choices legislation,
with some bodies even funding pro- Work media advertisement(Sagoa, 2013). Whereas in Great
Britain, the role of the employers‟ association according to (EIROnline, 2009), is for the
purposes of negotiation with trade unions or to provide affiliated employers with industrial
relations advice and assistance.

Therefore, overall, the employers‟ association roles in each country are slightly similar, as they
negotiate industry –wide, multi-employer collective agreements with trade unions (EIROnline,
2009).

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Labour market philosophies

According to (Bray, Waring, & Cooper, 2009); the public policy relevance of employment
relations in Australia is long – running and unidentifiable – the controversy over the introduction
and operation of the 2005 WorkChoices legislation is only the most recent example of
employment relation contributing a defining issue on which governments and oppositions differ
and on which governments rise and fall.

Unemployment rate are one of the factors that contribute to the rise and fall of the government.
According to (Fontes & Fedec, 2013),unemployment Rate in the United States decreased to 7.60
percent in March of 2013 from 7.70 percent in February of 2013 as reported by the Bureau of
Labor Statistics. Historically, from 1948 until 2013, the United States Unemployment Rate
averaged 5.81 Percent reaching an all-time high of 10.80 Percent in November of 1982 and a
record low of 2.50 Percent in May of 1953. In the United States, the unemployment rate
measures the number of people actively looking for a job as a percentage of the labour force.

When compared to United States, Australia had the unemployment rate which remained
unchanged at 5.4 percent and had been on the upward trend since reaching 4.9 percent in June of
2012 (Fontes & Fedec, 2013), whereas as also added by (Fontes & Fedec, 2013), Great Britain
had the unemployment rate that is at 7.8 percent up from a year low of 7.7 percent. Therefore,
Great Britain and United states had approximately the same percent of 7.7 percent
unemployment rate.

America had the polarization of the business community and organized labour over the basic
provisions of American labour law has accompanied and contributed to the decline in trade union
membership.

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Labour legislations or Laws

Studying notes written by (Sagoa, 2013), it is evident that in the country Australia has a
federation where it is a system of government with a central federal government and six regional
governments, where the role of the state is to only making laws in relation to industrial relations.
However, in 2005, the Howard Liberal government, according to (Sagoa, 2013), amendments
made to the Work Relations Act 1996 were to remove the state control of industrial relations.

According to (Sagoa, 2013), a period of Conservative Government from the year1979 to 1997
under Mrs. Thatcher and then Mr. Major saw a radical break with voluntarist tradition of British
industrial relations, but the post 1997 Labour government had taken a different approach to that
of its predecessors regarding the role of legislation in regulating employment relations. However,
the voluntary system characterized by British industrial relations for most of the 20th century,
where at the heart of the policy of relative legal abstention was the regulation through collective
bargaining. Furthermore, in the post 1997 legislative agenda, according to (Sagoa, 2013), the
National Minimum Wages (NMW) was introduced in April 1999 and legislation which regulates
work time and leave from 1998 with, legislation on Trade Union recognition procedure being
effective from the year 2000.

According to (WikiAnswers, 2013), United States labor law is the body of law that mediates the
rights and duties of workers, employers and labor unions in the United States of America.
Federal laws, such as the Fair Labor Standards Act, the National Labor Relations Act and the
Occupational Safety and Health Act set the standards that govern workers' rights to organize in
the private sector, and override most state and local laws. Usually more limited rights for
employees of the federal government, but not state or local governments, where workers derive
their rights from state law(WikiAnswers, 2013).The pattern is even more mixed in the area of
wages and working conditions. Federal law establishes minimum wages and overtime rights for
most workers in the private and public sectors; state and local laws may provide more expansive
rights. Similarly, federal law provides minimum workplace safety standards, but allows the states
to take over those responsibilities and to provide more stringent standards.

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Finally, both federal and state laws protect workers from employment discrimination. In most
areas these two bodies of law overlap; as an example, federal law permits states to enact their
own statutes barring discrimination on the basis of race, gender, religion, national origin and age,
so long as the state law does not provide less protections than federal law would. Federal law, on
the other hand, preempts most state statutes that would bar employers from discriminating
against employees to prevent them from obtaining pensions or other benefits or retaliating
against them for asserting those rights(WikiAnswers, 2013).

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Legal framework (collective or individual)

For Great Britain, since the employment tribunal was set up in the year 1964, individual statutory
employment rights were enforceable via Employment Tribunal, however, there is no provision
for class action against one employer (Sagoa, 2013). However, since 1979, there has been no
thorough exploration of how employment disputes might be best dealt with, but the system
favors individuals to enforce their rights where focus is advocated less on providing individual
redress for breaches of rights, more about providing the kind of workplace where breaches is less
likely to occur(Sagoa, 2013).

However, Australia hadchanges that were introduced in 1993 by the Keating Labor government
in the form of the Industrial Relations Reform Act 1993, allowed federal non-union collective
agreements to be certified for the first time with incorporated a limited right to protected
industrial action during a designated bargaining period(Sagoa, 2013).

America has a collective framework of industrial relations(EIROnline, 2009), where the federal
and state laws provide legislations to govern labor relations (WikiAnswers, 2013).

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Recent Trends/ Changes
The most critical changes revolve around the role of the government actions in the workplace
(Devereaux & Moore, 1995). For the country United States some major changes faced are,
according to (Devereaux & Moore, 1995), “managers revolve around the characteristics of
workers, with more women joining the workforce, as well as minorities, causing adjustments in
the traditional expectations”. In addition, (Devereaux & Moore, 1995), further noted that due to
the demographic changes in the profile of workers is the lack of workers with requisite skills and
productivity, compared to workers in industrialized countries. Moreover, in United States the
role of the government was to establish rules for an orderly process in which workers would
duly: elect individuals to represent them in a collective negotiation with employers, over wages,
hours, and working conditions, finally, the extensive degree of experimentation with employee
participation, work organization, and human resource practices in both union and non union
setting has further tested traditional patterns, but these conflicts and experiments have occurred
primarily in the private sector, with government sitting on the sidelines as a seemingly
uninterested observer (Sagoa, 2013). However, according to (Sagoa, 2013), during Clinton‟s
administration, the labour market and workplace policies were put back on the national agenda

For the Australian employment relations system, (Sagoa, 2013) noted that some changes are;
previously the regulation of work and employment are that a long tradition of centralized
regulation of wages and conditions through awards and agreements in the Australia Industrial
Relations Commission, at both the industry and national level. However, over the past decades,
the reduction in the scope of the Commission‟s jurisdiction to conciliate and arbitrate award
matters with encouragement of individualized agreements between workers and employers at the
enterprise level. Added to this changes is that, previously, predominantly permanent, full-time
forms of employment with hours regulated by awards and collective agreements, however, over
the past decades, almost half of the workforce now employed in jobs which are casual, part-time
and/or fixed contract.

When compared to Australia and United States, for Great Britain, (Sagoa, 2013), highlighted that
some of its changes are, the retreat from collective bargaining, voice, high involvement of
Human Resource Management (HRM), contingent pay, upheaval in the public sector and legal
regulation.
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Conclusion

The purpose of this assignment was to explore the origins of the distinctive employment systems
that emerged in the U.S. Australia and Great Britain, and to develop a theory which provides
aconsistent explanation for the institutional developments for both countries since the
beginningof this century. The main findings and interpretations provided by the comparative
historical analysis can be summarized as follows.
At the beginning of the twentieth century, in spite of the underlying differences between the
three countries‟ cultural traditions, political regimes, and the stages of industrialization,
employmentrelations in large American, Australian and Great Britain manufacturing firms were
similar in the followingaspects. Employment contracts were simple, short-term, and
individualized, and “employmentat-will” was a prevailing principle in both societies. There were
highly competitive labor marketsin which wages were determined by general skills and
experience. Production workers, skilledor unskilled, frequently moved among factories seeking
higher wages and better working conditions, implicit, long-term employment contracts and
company-wide unions under a new legal framework,with some important modifications. In
particular, blue-collar workers achieved a highereconomic and social status within firms during
the process of democratization(Wright, 2011).

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References
Bray, Waring, & Cooper. (2009). Employment Relations: Theory and practice (1st ed.).
McGraw - Hill Australia Pty Ltd.

Devereaux, J. P., & Moore, L. F. (1995). Human Resource Management in the United States.
In J. P. Devereaux, & L. F. Moore, Human Resource Management on the Pacific Rim:
Institutions, Practices, and Attitudes (pp. 319-340). New York: Walter de Gruyter.

EIROnline. (2009, October 26). United Kingdom: Industrial relations profile. Retrieved April
3, 2013, from Eurofound:
http://www.eurofound.europa.eu/eiro/country/united.kingdom_2.htm

Ewing, K. D. (2004). The Function of Trade Unions. Industrial Law Journal, 34(1), 1 -22.

Fontes, N., & Fedec, A. (2013). United States Unemployment Rate. Retrieved April 16, 2013,
from Trading Economics: http://www.tradingeconomics.com/united-
states/unemployment-rate

Huebsch, R. (2013). The Evolution of the Labor-Management Relationship. Retrieved April 4,
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labormanagement-relationship-36056.html

Kaufman, B. E. (2006). The Global Evolution of Industrial Relations: Events, Ideas, and the
IIRA (Vol. 59). Cornell University ILR School.

Margetts, S. (1998). Trade Unions. Retrieved April 2, 2013, from revisionguru:
http://www.revisionguru.co.uk/business/unions.htm

Moriguchi, C. (2000, October). The Evolution of Employment Relations in U.S. And Japanese
Manufacturing Firms, 1900 -1960: A Comparative Historical And Instituional
Analysis. Cambridge.

Powers, J. (2013). The Role of the Trade Union Representatives. United States of America.

Rollinson, D. (n.d.). Chapter 6: The role of the state in employment relations. McGraw Hill.

Sagoa, I. (2013, January 4). Industrial or Employment Relations in the United States;
Industrial or Employment Relations in Great Britain. HRM 603: Comparative Studies
in Industrial or Employment Relations. Suva, Nasinu, Fiji: Fiji National University
Nasinu Campus.

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Sagoa, I. (2013, February 6). Industrial Employment Relations in Australia. HRM 603:
Comparative Studies in Industrial Relations and Employment Relations. Suva, Nasinu,
Fiji: Fiji National University Nasinu Campus.

Sagoa, I. (2013, January 23). Introduction: An overview of Industrial or Employment
relation in global context. HRM 603: Comparative Studies in Industrial or Employment
Relations. Suva, Nasinu, Fiji: Fiji National University Nasinu Campus.

Schneider, T. J., & Stepp, J. P. (2006). The Evolution of U.S. Labor - Management Relations.
Restructuring Associates Inc.

Shelton, D. (1995). Human Resources in Australia. In L. F. Moore, & J. P. Devereaux, Human
Resource Management on the Pacific Rim: Institutions, Practices, & Attitudes (pp. 31-
35). New York: Walter de Gruyter.

WikiAnswers. (2013). What are the functions of a trade union. Retrieved April 2, 2013, from
WikiAnswers:
http://wiki.answers.com/Q/What_are_the_functions_of_a_trade_union

Wright, C. F. (2011, September). What role for trade unions in future workplace relations.
University of Cambridge.

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