Assessment on "21st Century the Contract of Employment Remains"

Assessment 10 pages (3433 words) Sources: 1+

[EXCERPT] . . . .

21st century the contract of employment remains fundamentally a means of legitimising an uneven power relationship between master and servant. Critically evaluate this statement.

From the time that Australia first became a penal colony of Great Britain in 1788, the country has experienced heated labor tensions. Part of the reason for this, is because the nation would mirror the same challenges that were often being seen, during the industrial revolution in places such as: the United States and Europe. Where, the overall nature of labor relations would be heated, when Australia first became a commonwealth in 1901. As the various unions and business owners would often engage in emotional labor disputes resulting in violence. This would be the state of labor retaliations until the end of World War II. Where, it would mark a shift that was occurring in the nature of labor relations, as various states began to have more of an influence, through the various laws and regulations affecting the relationship between master / servant. As the nature of this relationship, would evolve into one of: owners / manager vs. The employees who work for them. At the heart of most disputes, were the issues of: more pay for employees, better working conditions and less hours working. Once various labor laws began to take effect in most states, this would provide unions with the ability to achieve these objectives. As the period from the end of World War II to the 1980's would mark, the strong state based arbitral model. ("Australia in Brief," 2010) Then, as globalization began to affect the economy, is when various changes would take place in labor relations. Where, the overall influence of the unions would slowly be whittled away, with the nature of labor relations shifting towards an emphasis on individual labor contracts. This would give businesses more influences over the factors of: pay, benefits and working hours. What happened was: the federal government began to pass various labor regulations to address these issues. This would overwhelm the existing laws in the states, as the nature of the employer and employee relationship, would be redefined (throughout the 1990's into the early 2000's). With the Work Choices Act, creating a standard that would favor businesses over workers. However, with the Howard government no longer in power the nature of this relationship would shift once again, as the federal government would pass the Fair Work Ac of 2009. This would eliminate the individual contractual system utilized under the Work Choices Act and it would give unions / individuals more of voice in various matters of labor relations. (Bowden, 2009, pp. 218 -- 227) However, to fully evaluate the statement of the essay requires examining how issues such as: termination of employment, discrimination, industrial disputes and work place health / safety issues. Together, these different elements will provide the greatest insights, as to how the overall power of the relationship between employer and employee is evolving.

Termination of Employment

The issue of employee termination has always been one of the most contentious, which is at the heart of many employer / employee relationships. Where, employers were often viewed as cold and out of touch with reality, in their desire to achieve profits at any cost. As many managers would often engage in a variety of activities, to bully employees into complying with their requests to include: threats, intimidation and humiliation. Over the years, these practices would often lead to resentment among employees, who felt that they were being treated unfairly. In the decades after World War II, the issue would be continually brought up by various unions and the Convention Concerning Termination of Employment at the Initiative of the Employer 1982. This would establish various procedures for employees, to challenge their dismissals or their treatment, surrounding their dismissals as unfair. This is based upon the grounds of harsh treatment. In 1993, Australian law would mirror these standards, with the passage of the Industrial Relations Reform Act. This would give workers an effective way of challenging the circumstances surrounding their dismissal or termination. Over the course of time, this would create an atmosphere, where workers would feel they have a chance of challenging the unfair employer / employee relationship. (Chapman, 2009)

Then, in 2002 this would change with the passage of the Workplace Relations Amendment Act of 2005(Work Choices). This would radically shift the labor relationship, as employers would have greater flexibility in avoiding the various provisions of the Industrial Relations Reform Act. Where, a number of restrictions would apply, in how the law would define who is eligible, to challenge their termination from an employer. With Work Choices granting employers a number of different exemptions to include exemptions for: employers that have over 100 employees, dismissals for operation reasons and the exclusion of seasonal employees. At the same time, it would extend the default qualifying period from three months to six months and it would replace the systems that were being utilized by the state. (Chapman, 2009)

In 2009, the Work Choices regulations would be overturned by the Fair Work Act. This eliminated: various employer exemptions, it removed the ability of employees / employers to enter into individual labor contracts, it requires both employers / labor unions to bargain in good faith, and it addresses general protections. This prohibits employers from discriminating against employees, who are entitled to penalties under other provisions of the law. This is significant, because it would highlight how a shift is occurring in the way various labor disputes were handled, as a relationship of employer / employee domination would swing back and forth, with the passage of various laws / regulations. Where, the underlying amounts of power will shift between the employer and employee. What this shows, is that despite the various laws and changes in the economy (because of globalization), the basic struggle between employers / employees, continues to remain a contentious issue. As employers would like to have greater flexibility; in issues surrounding: termination / dismissal. While at the same time, employees would like to have more control over fighting unfair termination practices. In many ways, one could use this information as a way, to determine the uneven relationship that exists between the two sides. With this constant shifting in power, taking shape in the form of various laws that is designed, to give one side greater amounts of control over the other. (Chapman, 2009)

Discrimination

Throughout much of the early history of the commonwealth, discrimination in the workplace was a major issue that was constantly being wrestled with. What happened was, Australia followed a similar pattern that was occurring in many developed societies throughout the 20th century. Part of this is in response to the way that many of the nation's different minorities were treated in the past, as two forms of history would emerge. One that would support the status quo and another that would talk about minorities facing constant discrimination. In the workplace, this would mean that the economic mobility of not only minorities, but women would also be brought into question during the 1960's. Especially, with various conventions and treaties being signed by the nation on an international level (at the United Nations), yet within the country itself discrimination continued to exist. A good example of this can be seen with a shift in government policies toward Aborigines during the 1960's. For decades the Aborigines faced a systematic form of discrimination in one way or another, as the government would utilize various policies to assimilate them into society. The problem was that these polices, were not improving the lives of minorities. Instead, they were created divisions within Australian society that was extending to the workplace. (Attwood, 2006, pp. 24 -- 27) The passage of the first anti-discrimination law would occur in 1966 with the Prohibition of Discrimination Act. This prohibited racial discrimination based upon color or national origin through: restricting access to food / water, the termination / exclusion of employment and the control of land. This is significant, because it would signal the first time that the some form of laws would be attempted. To address the issue of discrimination in the workplace. The problem was that the law would only apply to one state, which would create a series of anti-discrimination laws that would vary throughout Australia.

To address this issue, Parliament would pass the 1975 Sex Discrimination Act. This law would make it illegal for someone to be discriminated against in areas of: employment, marriage, education and the delivery of different goods / services. At the same time, the Act would allow for the creation of an independent board to oversee it various provisions (the Australian Human Rights Commission). They would serve as a watchdog organization for instances of discrimination that were taking place by: awarding compensation, hearing complaints and issuing injunctions to prevent discrimination from occurring. This is important, because it would provide a basic foundation for anti-discrimination laws throughout the commonwealth. Over the next several decades a variety… READ MORE

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