Getting a Foot in the Door: Lessons for the UK from Australian and New Zealand Approaches to Trade Union Right of Entry
本文比较澳大利亚和新西兰的工会进入权立法，分析其作为英国立法蓝图的可行性，指出新西兰模式更简洁，但澳大利亚模式对谨慎的雇主更有吸引力。
Abstract British trade unions currently have limited statutory scope to enter workplaces and access the workers therein. The importance of facilitating union access has been repeatedly recognised in Australia and New Zealand, where substantive rights of entry are enshrined in legislation. The British Labour Party has recognised the importance of allowing unions to enter workplaces and committed to introducing statutory entry rights as an election promise. This article examines whether the Australian or New Zealand legislative schemes could be used as a blueprint for drafting equivalent British legislation. A comparison of the respective regimes reveals that the Australian laws are more regulated, restrictive and complex than the New Zealand provisions. The article ultimately advocates for the New Zealand legislation to be used as a model framework if analogous rights are enacted in Britain, but acknowledges that some features of the Australian regime might be attractive to employers and stakeholders who are cautious about expanding union rights. The Australian and New Zealand provisions have been subject to frequent reform since their enactment, mirroring the attitudes of successive governments towards trade unions. Any equivalent rights introduced in Britain will likely follow a similar trajectory over time.