The And Current State Of The Law Governing Workplace Relationships

2505 WordsSep 19, 201411 Pages
Critically assess the applicability of this statement as an analysis of the development and current state of the law governing workplace relationships in Australia - including the decision of the Full Court of the Federal Court of Australia in Commonwealth Bank of Australia v Barker [2013] FCAFC 83. To what extent should this statement represent the object of labour law going forward? The ‘objective’ of labour law, in our common understanding of the subject, is grounded in securing ‘justice’ for employees (or workers) in their formal working lives. The assumption that there is an imbalance of power in regards to the relationship between employers and their employee has been established over a significant period of time. With companies acquiring large amounts of funds and expanding themselves on a global scale, those who hold managerial positions are becoming more and more inclined to use their new found ‘power’ in a way which houses the potential to exploit the employees who are seen to have less of an influence (in comparison with large profit maximising enterprises). It is for this reason that regulation of the employment relationship between these two parties ought to be properly regulated, as a means to ensure that companies do not take advantage of their employees, a position which has been emphasised by law scholar Sir Otto Kahn-Freund, who has articulated that “the main object of labour law has always been, and I venture to say will always be, to be a countervailing
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