 Apprenticeships are covered as contract of service  Terms and Conditions  Industrial and Commercial Training Act 1989 (NSW)  Benefits for Parties.

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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)

Thank you