Presentation on theme: " Apprenticeships are covered as contract of service Terms and Conditions Industrial and Commercial Training Act 1989 (NSW) Benefits for Parties."— Presentation transcript:
Apprenticeships are covered as contract of service Terms and Conditions Industrial and Commercial Training Act 1989 (NSW) Benefits for Parties Apprenticeship Committees Technological Advances
Condell Park Factory Details Joel Exner Details Compensation
Increases efficiency of the rate at which a role is performed Reduces the complexity of particular jobs Improved working conditions Improved occupational safety in formerly dangerous occupations Altered work patterns due to increased contractibility
Occupational overuse syndrome- a condition caused by the repetition of motions performed in the workplace (e.g. persistent use of a computer) An increase in the prevalence of redundancies as technology often replaces the labour element of a role Infringement on personal liberty
Redundancy occurs when an employee is dismissed as a result of the work for a particular position no longer being available A primary cause of redundancy is the advancement in technology to perform particular roles at a more efficient rate than capable of a human
Requires than an employee notify the Commonwealth Department of Employment, Workplace Relations and Small Business if they intend on making fifteen or more workers redundant Required to provide details regarding the reasons for the redundancy, number of employees affected and amount of notice provided.
An employee who has been made redundant is entitled to severance pay The minimum amounts of redundancy to be paid are outlined in the Workplace Relations Act 1996 WorkChoices: redundancy pay is no longer an allowable matter if an employer has less than fifteen employees
Voluntary redundancy is offered by an employer to allow an employee to choose to be made redundant This is a financially beneficial option to those who are close to retirement or whose labour is in high demand An employer may offer a higher severance pay than required in order to encourage workers to leave
Requires that companies give advanced warning of redundancy to the NSWIRC → required to conciliate any dispute concerning dismissals for redundancy and award severance benefits NSWIRC may include employment protection provisions within an award
Some companies are unable to adequately prepare for the possibility of their employees being made redundant → HIH collapsed in 2001: thousands of workers were left redundant without receiving redundancy payments
There is a growing requirement for employees to enhance and update their skills and knowledge as technological change is continuous within the workplace →often achieved through attending a training course If the role of an individual has been replaced by mechanisation, they may be required to retrain for a new job
The retraining of existing staff for new roles as opposed to the employment of individuals with new skills is prevalent within the workplace
The retirement happens mostly due to the employees’ ages (usually 65(men), 60(women)) Anti-Discrimination Act 1977(NSW) Prohibits employers forcing their employees to retire due to their age People with mental or physical disability can be lawfully dismissed by the employers Eg) Pilots Federal legislation has set the maximum age for certain occupations in awards and in legislation
Technological change: Due to the development of medical technology, people started to live longer which resulted in people working beyond the traditional ‘retiring age’. Some legislations have combated this with superannuation
Tri-star, a car component making company, supplies the most of the car manufacturers in Australia. It refused to sign an agreement that protects the entitlement of the employees even if when the business ever went bankrupt which resulted in those employees going on strike in protest.
Tri-star failed to produce goods and production in the car factories ceased which resulted in the manufacturers losing several million dollars every day. Tri-star stood down thousands of employees from the idle production plants; under the award the companies had the right to do this.
Fairness – Tri-star had refused to sign the agreement that protected the entitlement of employees; however, the law allowed this company to do so which was unfair
Areas where Justice is seen: - Fairness – Individuals compensation - Fairness – Workplace relations Act 1996(Cwlth) - Employers are re-training employees rather than making them redundant Justice is not seen: - Equality - Lawful Dismissal - Human Rights/Fairness – Condell Park incident and Exner- negligence and lack of protection - Equality – Younger people Technology - Fairness – Bankruptcy and Market Failure
Access – Apprenticeships Fairness – Apprenticeships Individual Human Rights – Retirement (unfair dismissal) Fairness – Retirement (medical technology- rising life expectancy, increase in pension) -Exner apprenticeship- protection Reflection of Community – Retraining (failure to train causes structural unemployment- poverty) Resource Efficiency – Retraining (CentreLink and Job Network- reduce natural rate of unemployment)