COLLECTIVE BARGAINING BEYOND THE BOUNDARIES OF EMPLOYMENT: A COMPARATIVE ANALYSIS

COLLECTIVE BARGAINING BEYOND THE BOUNDARIES OF EMPLOYMENT- A COMPARATIVE ANALYSISCOLLECTIVE BARGAINING BEYOND THE BOUNDARIES OF EMPLOYMENT: A COMPARATIVE ANALYSIS

SHAE MCCRYSTAL*

I INTRODUCTION

Judy Fudge has observed that, ‘the forms of work and numbers of workers outside the scope of labour law has proliferated’.1 For example, in highly developed countries, self-employment ranges from ‘freelance professionals to women who provide childcare in their homes, and to men who drive trucks or operate franchises for a living’.2 Labour laws are designed to provide workers with adequate minimum labour standards, including access to collective representation and bargaining to establish and maintain fair working condi- tions. However, minimum labour standards generally only apply to ‘employ- ees’ and an increasing number of workers are not employees.3 Many workers who fall outside of the definition of ‘employee’ may benefit from minimum labour standards including access to collective bargaining.

Collective bargaining, as enshrined in the Conventions of the International Labour Organisation, is a basic labour standard provided for workers.4 Collective representation and bargaining laws provide workers with an opportunity, in association with their fellows, to improve the conditions under which they labour. It is a self-help mechanism, facilitating worker voice, aiding industrial democracy and overcoming market failures which would otherwise leave workers with little individual capacity positively to impact their working conditions.

COLLECTIVE BARGAINING BEYOND THE BOUNDARIES OF EMPLOYMENT: A COMPARATIVE ANALYSIS

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