Abortion and conscientious objection: the new battleground

This paper examines the vexed issue of conscientious objection and abortion. It begins by outlining the increasing claims to conscientious objection invoked by physicians in reproductive health services. After an examination of developments overseas, the paper turns to the acrimonious debate in Victoria concerning the conscience clause and the \u27obligation to refer\u27 contained in the Abortion Law Reform Act 2008 (Vic) (\u27ALRA\u27). This paper questions the interpretation by the Catholic Church that the clause breaches its right to freedom of conscience and freedom of religion. We argue that the unregulated use of conscientious objection impedes women\u27s rights to access safe lawful medical procedures. As such, we contend that a physician\u27s withdrawal from patient care on the basis of conscience must be limited to certain circumstances. The paper then examines international and national guidelines, international treaties and recommendations of treaty monitoring bodies, laws in other jurisdictions, and trends in case law. The purpose of this examination is to show that the conscientious objection clause and the \u27obligation to refer\u27 in ALRA is consistent with international practice and laws in other jurisdictions. Finally, the paper turns to the problematic interpretation of conscience and moral responsibility in the context of abortion. We believe that narrow interpretations of conscience must be challenged, in order to incorporate patients\u27 rights to include the choice of abortion and other lawful treatments according to their conscience. We conclude that the conscientious objection provisions in ALRA have achieved the right balance and that there is no justifiable legal reason upon which opponents can challenge the law

What are the consequences of a managerial approach to union renewal for union behaviour? A case study of USDAW

Purpose: This paper explores the consequences of a managerialist approach to renewal for a union’s behaviour by analysing the UK’s fourth largest trade union - The Union of Shop, Distributive and Allied Workers (USDAW). Design/methodology/approach: The findings draw on in-depth semi-structured interviews with union officials. Findings: The research findings show the significance of a managerialist approach to UDSAW’s renewal strategy and its correlation with existing renewal strategies of organising and partnership. However, this was not immune to context with tensions between agency and articulation challenging the basic concept of managerialism and influencing union behaviour. Research limitations/implications: The data were collected from a single case with a small sample size. Practical implications: Unions could benefit from a managerialist approach to insure against external challenges, but tensions between democracy and efficiency will mediate any such approach to union renewal. Originality/value: This paper brings together the current disparate themes in the literature to propose a conceptual framework of three key elements of managerialism: leadership or centralised renewal strategies; performance management techniques; and the managerialisation of union roles. To date, these elements of managerialism have not been studied simultaneously in a research project and without such knowledge, we lack a comprehensive understanding of the true complexities of how unions organise and renew, both conceptually and empirically. Consequently, we argue that theories of union renewal need to better reflect the complexities of a hybrid approach that unions, such as USDAW, are adopting, particularly their achievements of internal leveraging

Comparing retail union strategy in a neoliberal context : the case of Australia and New Zealand

Retail employees are amongst the most vulnerable workers in the context of neoliberal market economies. In many countries, low paid retail employees comprise around 10 per cent of the workforce (ABS 2011). The retail labour market is typically highly feminised and youthful, with many employees in part time and various forms of precarious employment (Tailby & Pollert 2011). However, the industry and its trade unions have rarely been the focus of academic study (Tilly & Carré 2011). This paper thus aims to analyse and compare trade union strategies in the retail industry in Australia and New Zealand, by utilising findings from a larger comparative study. The respective unions studied are the Shop Distributive and Allied Workers Union (SDA) in Australia and the National Distribution Union (NDU) in New Zealand. Data from interviews with union officials at different levels and from different regional locations in Australia and NZ are analysed. Union policy documents are also utilised to support the empirical data. Key findings from the comparison of retail unions’ strategy in Australia and NZ include: 1) the importance of institutional factors and internal political differences in shaping and constraining union strategies; 2) different emphases on external relationships and variations in partnership approaches; 3) the need to recruit to ‘stand still’ by retail unions in both countries; and, 4) similarities and differences in the unions’ organising approaches. The paper concludes by examining the implications of these findings for retail unions’ strategic choices and their ability to deliver workplace justice for employees

Union Rights of Entry: The New Contested Terrain

One of the most significant changes made to the legal regulation of unions under the Workplace Relations and Other Legislation Amendment Act 1996 (Cth.) was to rights of entry. Rights of entry are a fundamentally important apparatus for unions, not only for the purpose of communicating to, and accessing members, but also as part of the process of enforcing workplace terms and conditions. The changes to rights of entry have significant potential to marginalise and exclude unions. This paper traces the experiences of two quite different unions, revealing similar results. Rights of entry are increasingly becoming the new contested terrain, manifest in hostile employer approaches, attitudes and tactics

Industrial Action under the Workplace Relations Act: Winning the Public Sector

Industrial Action under the Workplace Relations Act: Winning the Public Secto