Decentralized Australian Labour Market

Australia is one of the richest countries in the world. It is one of the developed countries whose unemployment rate is above 5 percent. Perkins and Angley (2003) asserted that the increasing impact of globalization, combined with a change in

Australian society is often defined as egalitarian since the government equally accepts the diversity of population regardless of their personal backgrounds, socioeconomic status, health condition and political opinions. The society is supposed to attach importance to the fair civil liberties, protect local industries and provide every resident with welfare support, the opportunity of education and employment. However, after world economy crisis brought great global change in the 1980s, Australian political policy dramatically changed into profitability toward this competitive global economy. This includes the decrease in protectionism, privatization of institutions, further employment bargaining and also reduction of the subsidy

In order to create Australia’s image as a working man’s paradise, workers gained rights to speak. The first of these issues to be discussed are the hours of work. The balanced working time of eight-hour day movement was introduced in the mid 19th century. It was conducted by trade unions for the right of shorter working hours suitable Australia’s harsh climate. This fairer working condition of eight-hour day has succeeded by the end of the century, when the government introduced fairer laws in the late 1890s which attempted to reduce working hours and give workers Saturday afternoon off. This achievement established a national standard that was aspired by the rest of the world and formed the basis of Australia’s reputation as a ‘working man’s paradise’.

Connell & Irving (1992) identify ‘class structure’ in Australia with the ‘ruling class’ owning property/business, and the ‘working class’ in the way of labourers whom ‘act together in resistance to the capitalists’. This is relevant today in Australia with the privileged having majority of the power and wealth. Moreover, exploitation of the ‘working class’ continue to maintain less power within the workplace & less wealth. Connell & Irving offer an uncomplicated view of class structure, (1992: p 40):

This week saw the Fair Work Commission (FWC) bring down an adjustment to Penalty rates in Australia for some Retail and Hospitality Workers. If you read the newspapers, listen to the radio, and watch TV coverage it comes across as the greatest betrayal of the working man (or woman) since the great Depression.

Australia. A country associated with the ideals of mateship, integrity and equality; a nation renowned for its people and characterised by the strong belief in ‘a fair go’. Australia’s history is one of a constant belief in the value of egalitarianism, amid changing levels of inequality. Many have said that this ideology is culturally ingrained in the Australian identity; however, the notion of Australia as a classless nation is a persistent myth of egalitarianism that must now be superseded. It manifests in an unwillingness to acknowledge the causes of the deep inequalities that permeate Australian society.

The implementation of the Fair Work Act 2009 which came into force on January 1st 2010, was to create a national workplace relations system for the purpose of setting wages and conditions of employment. This legislation is overlooked by the Fair Work Commission and ombudsman, whose role is to maintain a safety net of minimum wages and conditions and ensure compliance with the Fair Work Act. The creation of the Fair Work Act (2009) is to regulate business cooperation’s for the purpose of providing safety nets for minimum wages and entitlements, flexible working arrangements and ensure fairness at the workplace. Under the Fair Work Act 2009, ten National Employment Standards

that contemporary society exists in a post-modern era where westernised societies enjoy the benefits of higher living standards, where the rights of employees are elicited within the Australian Constitution and the rights of humans are dictated within Geneva conventions. An era where employees are entitled to government pensions, allowances, superannuation, and employees accrue sick and annual leave (McDonald & Brownlee, 2001). Furthermore employees are able to seek union representation and are legally entitled to industrial action. McDonald and Brownlee (2001) assert that Fair Work Australia, established as an institution responsible for fixating minimum wage and resolving work related disputes, perpetuates the notion that Australia is in transition to become an egalitarian society with minimal class disparity.

There have been substantial changes to modern awards over the years that employer associations have historically and are currently advocating. In this regard, issues such as penalty rates and flexibility stemming from employer association submissions have been researched and examined by (Sheldon & Thornthwaite 2013) portraying evidence that employer associations relatively prefer cost cutting and enhanced managerial prerogative as oppose to productivity. Entailed within this essay the key concepts such as penalty rates, managerial prerogative, flexibility and productivity will be discussed with particular focus the modern award reviews combined with an overview of Sheldon and Thornthwaite’s argument in summary and concurrence.

This essay will argue that the concept of ‘worker’ defined under section 230 of the Employment Rights Act (“ERA”) 1996 is board; however, due to the undefined scope of section 230(3) of ERA 1996, employment tribunals and the courts have adapted a rigid approach in their interpretation; that there is a ‘high degree of legal uncertainty’ as established in this area of law; that the law does not adequately deal with non-standard forms of ‘workers’; present proposals for reform by the UK Parliament on the interpretation and application of law at common; and finally provide a conclusion for the arguments put forth.

While the world has unanimously advanced and is more accepting of change, the workplace continues to be a place of discrimination, prejudice and inequality. Discrimination is broadly defined to ‘distinguish unfavourably’, isolate; and is context based (Pagura, 2012). Abrahams (1991) described the workplace as an ‘inhospitable place’ where gender disparity and wage gaps persist (Stamarski & Son Hing, 2015). Among other states and countries, the Australian government actively implements and passes laws to protect and maintain equal employment rights. While the objective of these laws is ‘to eliminate discrimination,’ the regulatory mechanisms in the legislation are largely ineffective at achieving this ultimate goal (Smith, 2008). However,

The first result from the solution of increasing minimum wage is improving all salaries from different occupations. Over the last 25 years there have been several changes in employment pattern between men and women, conceding that there are an average of one third of female workers are occupying professional jobs which require a more advanced skills by 2004 (Australian Bureau of Statistics, 2006). It can be seen that female employees does not occupy a certain group of occupation, but a diverse types of employment.

The key stakeholders affected by the replacement of the 457 visa with the TSS are trade unions and business employers/sponsor – of large corporations and small medium enterprises. Most Australian trade unions were sceptical of the 457 visa and received the new TSS readily. Caspersz (2015) posits that trade unions were concerned with and challenged the moral ethics by which overseas workers entered, lived and worked in Australia under the 457 visa. She argues that most overseas workers were significantly disadvantaged in the labour market because of the diversion from the fill of critical skill shortage to employment of cheap labour (Caspersz, 2015). Campbell and Tham (2014) note that most trade unions such as the Australian Industry Group criticize the 457 visa’s lack of practical requirement such as English proficiency and critical skill testing that relegates the process to a mere migration stunt. One evidence of diversion from 457 visa initial motive is the ban imposed on Australian fast food chains from recruiting foreign workers in March 2017 (Conifer, 2017). The temporary skill visa was meant to hire genuine critical skill candidates and not low skill candidates. However, this narrative has changed and some trade unions assume that the TSS will streamline the

Employment relations focuses on: the powers and interests of employees, employers, unemployed and government on regulations for employment conditions and workplace rights; employee, employer, unemployed and government strategies for influencing, regulating and controlling employment relationships; ‘cultural, social, economic, political, legal and institutional contexts’ of implemented employees, employers, unemployed and government powers and interests, and the design and implementation of employment relationship regulations (Rasmussen, Employment relations in New Zealand, 2009).

In a modern society we are led to believe that there is a fair exchange taking place when workers(working force?) sells their labour-power ( Gary Lapon, 2011.).( define this) Karl Marx believed that the working class were being exploited through laborious jobs. In today’s society wages are determined by the current cost of living within provinces across Canada. Usually the wage workers receive do not allow for many to live a comfortable life yet we continue to work these jobs as they feel we have no other option. This feeling of desperation comes from the term wage slavery (cite ), where one feels as though they are stuck working a job that makes them unhappy, so they remain feeling successful or are able to meet the cost of living. As a result of wage slavery, employees come into work on days that they had previously booked off, are frightened to call in sick when sick and often take abuse from their boss. Employees are showing up with their work persona, believing that these low wages are equal when in reality they are not (S.Enns, 2014) Employers profit from their employees without employees being completely aware of it. Employers want their workers to produce more and produce it efficiently, without increasing the