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The Overlap of the Federal Sex Discrimination and Industrial Relations Jurisdictions: Intersections and Demarcations in Conciliation

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  • Sara Charlesworth

    (RMIT University)

Abstract

The jurisdictional overlap created between federal industrial relations and sex discrimination law from the late 1980s promised to provide working women with greater scope to pursue claims of sex discrimination. Drawing on an analysis of conciliation processes and outcomes, the paper examines the impact of this jurisdictional overlap on the external management of gendered workplace grievances in the Australian banking industry. The paper argues that the intersection of industrial relations and sex discrimination law provides a space for challenges to sex discrimination in employment from different vantage points. However, a practical and symbolic divide between two very different jurisdictions remains. This divide shapes conciliation outcomes and their workplace ramifications and means that the choices offered by the jurisdictional overlap are constrained ones.

Suggested Citation

  • Sara Charlesworth, 2003. "The Overlap of the Federal Sex Discrimination and Industrial Relations Jurisdictions: Intersections and Demarcations in Conciliation," Australian Journal of Labour Economics (AJLE), Bankwest Curtin Economics Centre (BCEC), Curtin Business School, vol. 6(4), pages 559-577, December.
    • Handle: RePEc:ozl:journl:v:6:y:2003:i:4:p:559-577
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    References listed on IDEAS

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    1. Jenny Whittard, 2003. "Training and Career Experiences of Women Part-time Workers in a Finance Sector Organisation: Persistent Remnant of the ‘Reserve Army’?," Australian Journal of Labour Economics (AJLE), Bankwest Curtin Economics Centre (BCEC), Curtin Business School, vol. 6(4), pages 537-557, December.
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    Cited by:

    1. Jenny Whittard, 2003. "Training and Career Experiences of Women Part-time Workers in a Finance Sector Organisation: Persistent Remnant of the ‘Reserve Army’?," Australian Journal of Labour Economics (AJLE), Bankwest Curtin Economics Centre (BCEC), Curtin Business School, vol. 6(4), pages 537-557, December.

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    More about this item

    Keywords

    Discrimination; Labor-Management Relations; Industrial Jurisprudence; Organisational behaviour;
    All these keywords.

    JEL classification:

    • J70 - Labor and Demographic Economics - - Labor Discrimination - - - General
    • J53 - Labor and Demographic Economics - - Labor-Management Relations, Trade Unions, and Collective Bargaining - - - Labor-Management Relations; Industrial Jurisprudence
    • D23 - Microeconomics - - Production and Organizations - - - Organizational Behavior; Transaction Costs; Property Rights

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