*Please note that the links to the content in this Part will direct you to Westlaw AU.<\/p>\n
This Winter issue of the Workplace Review <\/em>(Volume 7 Part 2) is the pre-election edition and contains the following material:<\/p>\n EDITORIAL<\/a><\/p>\n FOCUS ON SOUTH AUSTRALIA<\/a><\/p>\n FOCUS ON WESTERN AUSTRALIA<\/a><\/p>\n The CFMEU\u00e2\u20ac\u2122s case against the ABCC<\/a> <\/strong>\u00e2\u20ac\u201c <\/em>Rita Mallia<\/p>\n The catalyst for the election was the Federal Government\u00e2\u20ac\u2122s thwarted attempt to get its Australian Building and Construction Commission (ABCC) legislation through the Senate. Featuring large in the Government\u00e2\u20ac\u2122s arguments for restoration of the ABCC, was the alleged corrupt and lawless conduct of the Construction, Forestry, Mining and Energy Union (CFMEU). Rita Mallia, NSW Branch President of the CFMEU, provides the union\u00e2\u20ac\u2122s perspective on the Government\u00e2\u20ac\u2122s plans. Challenging the sensational allegations against the union, she argues the Government is targeting legitimate union industrial activity while turning a blind eye to corporate \u00e2\u20ac\u0153lawlessness\u00e2\u20ac\u009d in the construction industry. Ms Mallia concludes that democratic civil liberties, and even the very lives of building workers, may be placed at risk by a restored ABCC with strengthened powers.<\/p>\n To purchase this article, complete the\u00c2\u00a0Individual Article Sale<\/a>\u00c2\u00a0order form and email it to\u00c2\u00a0tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n Interns or employees?<\/a> <\/strong>\u00e2\u20ac\u201c <\/em>Steven Moore QC<\/p>\n In this election, the Federal Government\u00e2\u20ac\u2122s \u00e2\u20ac\u0153Youth Jobs PaTH\u00e2\u20ac\u009d proposal with its provision for partially subsidised internships for young job seekers has received applause and criticism. Criticisms have focused on concerns that employers may exploit young workers engaged under the scheme by paying them below award rates. These criticisms hinge on whether the interns would at law be employees with their attendant rights. With reference to the Fair Work Act 2009<\/em> (Cth), Steven Moore QC reviews case law in the United Kingdom and Australia which could shed light on how the question of whether an intern is an employee may be determined. An examination of the \u00e2\u20ac\u0153substance and reality\u00e2\u20ac\u009d of relations between an intern and their \u00e2\u20ac\u0153host\u00e2\u20ac\u009d employer will likely be decisive.<\/p>\n To purchase this article, complete the\u00c2\u00a0Individual Article Sale<\/a>\u00c2\u00a0order form and email it to\u00c2\u00a0tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n The future of Australian industrial relations<\/a> <\/strong>\u00e2\u20ac\u201c <\/em>Neil Napper<\/p>\n The future of industrial relations in Australia has been a central theme in this election. At an event in Sydney<\/a>, this future was canvassed by Employment Minister, Senator Michaelia Cash, and a panel of industry representatives. This forum considered the Government\u00e2\u20ac\u2122s priorities for reform in the industrial relations area and identified challenges to be faced \u00e2\u20ac\u201c including emergence of the \u00e2\u20ac\u0153sharing economy\u00e2\u20ac\u009d, the pace of technological change, the achievement of gender equity in the workplace. Increased flexibility and change in the industrial relations system around issues such as penalty rates, for example, was seen as key to greater productivity and jobs creation, particularly in the context of a rapidly developing global economy and a world experiencing momentous developments \u00e2\u20ac\u201c including climate change and rapid population growth and urbanisation.<\/p>\n To purchase this article, complete the\u00c2\u00a0Individual Article Sale<\/a>\u00c2\u00a0order form and email it to\u00c2\u00a0tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n Green Acres (with apologies to Eddie Albert and Eva Gabor) \u00e2\u20ac\u201c domestic service regulation in Australia<\/a> <\/strong>\u00e2\u20ac\u201c <\/em>Jeffrey Phillips SC<\/p>\n Domestic service in Australia is regulated under the Fair Work Act 2009<\/em> (Cth), the Fair Work Regulations 2009<\/em> (Cth), and Modern Awards. Domestic servants must be paid in money not in kind, should receive penalty rates, and have appropriate records kept of their employment.<\/p>\n To purchase this article, complete the\u00c2\u00a0Individual Article Sale<\/a>\u00c2\u00a0order form and email it to\u00c2\u00a0tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n What is the future of employee representation?<\/a> <\/strong>\u00e2\u20ac\u201c <\/em>Marea Wilson<\/p>\n With declining membership, allegations of corruption and mismanagement, and the Fair Work Act\u00e2\u20ac\u2122s sidelining of their previously central role in industrial relations, is the union movement facing an existential crisis? In this broad-ranging meditation on employee representation, Marea Wilson, suggests the union movement\u00e2\u20ac\u2122s survival may turn on its ability to evolve new ways of representing employees. Rising to this challenge, will require the union movement to negotiate the dialectic constituted by the right to be represented at work and the right not to belong to a union. A pressing issue is the prospect of commercial businesses filling the representation gap for employees. Ultimately, for many employees, access to justice may be at stake.<\/p>\n To purchase this article, complete the\u00c2\u00a0Individual Article Sale<\/a>\u00c2\u00a0order form and email it to\u00c2\u00a0tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n NSW Police Force \u00e2\u20ac\u201c Workforce Improvement Program<\/a> <\/strong>\u00e2\u20ac\u201c<\/em> Assistant Commissioner Carlene York APM and Kristie Out<\/p>\n Police work is demanding and often dangerous. The mental and physical health of police officers is vitally important to their being able to carry out their duties effectively. In New South Wales the Workforce Improvement Program (WIP) provides a range of health and wellbeing services for the State\u00e2\u20ac\u2122s police employees. State Government funding was allocated to help abate increasing levels of ill health and job separation of NSW Police employees. WIP\u00e2\u20ac\u2122s range of innovative health and related services are examined, and details provided of the impressive outcomes achieved, including fewer workers compensation claims and medical discharges.<\/p>\n To purchase this article, complete the\u00c2\u00a0Individual Article Sale<\/a>\u00c2\u00a0order form and email it to\u00c2\u00a0tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n INTERVIEW<\/p>\n WORK HEALTH AND SAFETY<\/a><\/p>\n THE LAST WORD \u00e2\u20ac\u00a6<\/a><\/p>\n DIARY<\/a><\/p>\n For the PDF\u00c2\u00a0version of the table of contents, click here: WR Vol 7 No 2 Contents<\/a>.<\/p>\n\n
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