Compulsory arbitration

Compulsory arbitration

Compulsory arbitration. In labor disputes, some laws of some communities force the two sides labor and management, to undergo arbitration. These laws mostly apply when the possibility of a strike seriously affects the public interest. Some labor contracts make specific provisions for compulsory arbitration should the two sides fail to reach agreement through the regular system of collective bargaining.

Compulsory arbitration in Australia

Since 1906 the Commonwealth of Australia has enforced a system of compulsory arbitration between employers and employees. This statutory system of arbitration, the Industrial Relations Court or Commission, and the Harvester court case underpin the Australian industrial relations system. This system has been weakened since 1983, and the former Liberal Party government, led by John Howard sought to further weaken or abolish it through WorkChoices.

The current Labor government, led by Julia Gillard, and previously Kevin Rudd, has not sought to re-establish compulsory arbitration, instead seeking to streamline and modernize Australia's industrial relations regime through other means.

See also


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  • compulsory arbitration — compulsory arbitration, arbitration of a dispute between labor and management that is legally binding by government order or previous agreement: »The automatic assurance of compulsory arbitration would encourage one or both parties to neglect… …   Useful english dictionary

  • compulsory arbitration — n. Arbitration in which the parties are forced to agree. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008 …   Law dictionary

  • compulsory arbitration — An arbitration proceeding to which the consent of at least one of the parties is enforced by statutory provisions. 5 Am J2d Arb & A § 9. Compulsory arbitration has attracted the most attention in labor disputes. Arbitration of such disputes may… …   Ballentine's law dictionary

  • compulsory arbitration — advance obligation by two sides to accept third party mediation of a controversy …   English contemporary dictionary

  • Arbitration — • A method of arranging differences between two parties by referring them to the judgment of a disinterested outsider whose decision the parties to a dispute agree in advance to accept as in some way binding Catholic Encyclopedia. Kevin Knight.… …   Catholic encyclopedia

  • arbitration — ar·bi·tra·tion /ˌär bə trā shən/ n [Latin arbitratio, from arbitrari to judge, arbitrate, from arbiter onlooker, arbitrator]: the process of resolving a dispute (as between labor and management) or a grievance outside of the court system by… …   Law dictionary

  • compulsory — com·pul·so·ry /kəm pəl sə rē/ adj 1: required or compelled by law: mandatory obligatory compulsory arbitration compulsory insurance; specif: required to be brought or asserted in a pleading because of having arisen from the …   Law dictionary

  • arbitration — /arbatreyshan/ A process of dispute resolution in which a neutral third party (arbitrator) renders a decision after a hearing at which both parties have an opportunity to be heard. Where arbitration is voluntary, the disputing parties select the… …   Black's law dictionary

  • arbitration — /arbatreyshan/ A process of dispute resolution in which a neutral third party (arbitrator) renders a decision after a hearing at which both parties have an opportunity to be heard. Where arbitration is voluntary, the disputing parties select the… …   Black's law dictionary

  • arbitration — arbitrational, adj. arbitrationist, n. /ahr bi tray sheuhn/, n. 1. the hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them: Rather than risk a long strike, the… …   Universalium

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