a) The issue at hand regarding Maisy as an employee or not would be best answered in consideration to the Australian Law provision for both the employee and the other workers. From the onset, it becomes clear that Maisy has been hired by Technicalities Limited which is a labor-hire company as an office worker. Technicalities having placed her with their client, Innovative Storage she still finds time to perform casual duties in other firms 1. Just as many hiring workers provisions, Technicalities limited has informed their client of Maisy's commitment in her work and therefore IS became satisfied with her work and would continue to be in need of her services until the end of 2015.
b) Regarding the rules, the Australian Parliament provides that labor hire is an indirect form of employment where an agency supplies workers to a given workplace and becomes controllable by a third party. In this case, the third party is the Technicalities Company. The parliament paper index also asserts that the relationship between the agency, the worker and the host or the client is bound to continue all through the period of assignment1. In another connotation to the above labor provisions, Maisy is not found as an employee even as she becomes registered as Australian Business Number in line with the provisions of the Australian Business Register for all workers hired to register for the same. The rule was to necessitate her payment of flat hourly rate in totality of all the number of hours she had worked and in observance of all the laws that guide the laborers penalty rates1. In line with the provisions of the Parliament Paper Index, the worker should not take work instructions from the agency. It comes into play even as Maisy only ascribes to directions and instructions from the Innovative Storage Company as opposed to the Technicalities Limited giving direction. From the new workplace relations system enacted from July 1, 2009, dubbed the Fair Work Act, 2009, guidance on workers leave matters are addressed. In the rules, there is a provision that requires that workers under the National Employment Standards are not susceptible to payment during carers leave and in cases where she becomes sick. Still on the Fair Work entitlements, there exists a clause that provides guidance on the conduct of the employee to his host during the work program. In this case, the worker is expected to observe the use of only official wear whenever he or she executes his duties at the work station16. In the clause, the host is expected to provide the necessary working attire and the worker in an equal measure should take great care of his official uniform7. Still on the case of hired workers, the Fair Work Policy still requires the host to enable the workers advance in any relevant training to that of their specialization areas so as to adequately equip them skills that would enable them perform their duties with a lot of diligence that is required8. According to the Australian Taxation Office, the hired labor provider should be able to independently contribute to the superannuation requirements. The provisions also include a mandate on tax information where one is expected to independently and personally remit his taxes according to the rules and regulations that govern Australian Tax Office. Lastly, the Fair Work Policy also outlined the responsibilities of an employee with regard to the manner in which the time and magnitude of the duty the worker is supposed to be subjected to. It also further outlines the various duties that the worker needs to adhere to, not forgetting his or her workmates who she has to work along with.
c) In the analysis that would drive the paper in discovering whether Maisy is an employee or another form of a worker, we first look at her place as a worker with Innovative Storage. Indeed she is perceived as a hired worker since she gets placement from Technicalities which is a hire-labor company. The labor-hire company she had turned to after her two years of becoming a full time mother placed her into one of their clients on a contractual basis. It is from here that a review of her work by the agency proved that the work period was satisfactory to her. Besides, her nature of work was bound for determination, simply meaning that she could only continue with her duties when she was told to continue that is until further notice14. With a requirement of all hired workers to register as Australian Business Numbers by ATO, it clearly affirms that she was an independent worker who was capable of personally remitting her taxes and besides also paying her superannuation contributions whenever it is deemed appropriate. With regard to her inevitability to leave, it is only pensionable employees under the provision of the Fair Work Act, 2009 that are usually paid. In the contrast, Maisy was not legible for payment during leave as she was not an employee of any of the above companies6. On the same note, her termination of contract was subject to agreement between the agency, which is Technicalities and the host, who is Innovative Storage. It shows a direct contrast to employees where, it is only her employers who independently make a termination of the employment opportunity. And in most cases according to the Australian Labor Laws, there exists job security which covers the employee. To continue with the analysis, there exist scenarios where a worker becomes injured and in this case only a reimbursement is made, meaning that as a worker she could not be under cover from IS medical scheme. For an employee, there is a medical cover which ensures that the employee is fully under medication and only returns to work after full recovery. The contrast is true for Maisy who still has a sore back and shoulder even after reimbursement.
c) On the conclusion, Maisy is confirmed as a non-employee when she makes a formal application for a job advertisement and missed it13. Further, she was not even advised that the position that was advised would make her services with IS obsolete. She is even further made to receive a two-week pay in lieu thus bringing an end to her services to the company.
a) In the assumption that Maisy is indeed an employee, she belongs to Technicalities as her employer simply with an array of reasons to underline the statement. The main issue firstly, is that Technicalities Limited is a labor-hiring firm that belongs to or represents an indirect form of employment opportunities to its people. It represents an agency that supplies workers to perform their specific duties in a given workplace and become controlled by a host who is a third party.
b) The rules herein present the fact that most labor hire companies in Australia are geared towards attainment of profit for the employment company even as such arrangement becomes similar to employment agencies9. These employment agencies then secure work opportunities to its employees and place them in various workstations. A contrary stand comes into play when their relationship becomes subject to an end after successfully completing placement service. According to the Australian Council of Trade Unions (ACTU), payment of the hired workers becomes actualized by the labor hire firms.
c) To analyze the case, it is apparent that Maisys injury case prompts the client to become bound into pay reimbursement as the main employer is perceived to have a medical cover scheme for the hired worker. It becomes important to note that the labor hire workers are non-subject to benefits of collectively harmonized labor laws or any negotiated agreement with regard to labor. Still on the Fair Work entitlements, there exists a clause that provides guidance on the conduct of the employee to his host during the work program. In this case, the worker is expected to observe the use of only official wear whenever he or she executes his duties at the work station16.
d) In the conclusion it is regard that the employment placement and labor hire arrangements, there seems to be no breach of the contract arrangements or agreements. In the rules, there is a provision that requires that workers under the National Employment Standards are not susceptible to payment during carers leave and in cases where she becomes sick.
a) On the question whether the employer breached any contractual duty that was owed to Maisy, it becomes apparent that it is null. The issue here comes from the fact that since from the legal provisions entitled to the host that is Innovative Storage, it is evident that NSW Labor Council and the Australian Labor Laws provide very few restrictions pertaining temporary contracts. With this regard, the employer has restrictions for the type of work and areas of economic activity where the labor-hire firms operate.
b) With regard to the rules, it is with the provision of the Australian Labor Laws that neither gives a precise number for a maximum number of contract renewals nor successive contracts. Therefore, when IS firstly makes an advert for the job, it simply means that they were looking for a permanent employee. Not forgetting that in the contract with reference to Australian Labor Laws, the continuity of service delivery becomes subject to the hosts approval. In the same instance, the employer is also supposed to become a good ambassador of the hired laborer and continue to recommend the individual for more opportunities.
c) The analysis of the case with Maisy becomes clearer and most importantly, Technicalities committed itself to ensuring that it continually ensured that Maisy kept her job until the end of December 2015. It also ensured that there were no arrears owed to the worker at the end of her work program at IS. The host made a pay in lieu of notice in two weeks, and consequently does not offer any further work allocations from her purported employer, there is no contractual breach. To add, the Australian labor laws still have aspects of flexibility with regard to labor hire industry. Features of worse labor hire industry would continue to domineer when proper legislations are not put in place to ensure that the workers do not undergo discrimination or any form of violence committed against them. With the booming labor hire industry in Australia over the past eight years,
d) In conclusion it becomes prudent that the state governments come in to help control the industry. The control can become actualized through placing measures on the agencies such as Technicalities so as to enact more friendly and proper working conditions for workers they scout the job opportunities15.
"Issues And Responses Parliament Of Australia". 2016. Aph.Gov.Au. http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp0304/04rp09.
"Super And Tax | Australian Taxation Office". 2016. Ato.Gov.Au. https://www.ato.gov.au/Individuals/Super/Super-and-tax/.
"Australia - OECD". 2016. Oecd.Org. http://www.oecd.org/australia/.
"Applying For An ABN | Australian Business Register". 2016. Abr.Gov.Au. https://abr.gov.au/For-Business,-Super-funds---Charities/Applying-for-an-ABN/.
"IRAC Guide > Faculty Of Law: The University Of Western Australia". 2016. Law.Uwa.Edu.Au. http://www.law.uwa.edu.au/students/archive/masters-program/survival-guide/irac-guide.
"Personal Leave And Compassionate Leave - Fact Sheets - Fair Work Ombudsman". 2016. Fairwork.Gov.Au. https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/minimum-workplace-entitlements/personal-leave-and-compassionate-leave.
ORourke, A. and S. K. Antioch. 2016. "Workplace Bullying Laws In Australia: Placebo Or Panacea?". Common Law World Review 45 (1): 3-26. doi:10.1177/1473779515625009.
Laplagne, Patrick, Maurice Glover, and Tim Fry. 2011 "The Growth Of Labour Hire Employment In Australia". SSRN Electronic Journal. doi:10.2139/ssrn.738904.
Mueller, Sheila Landf...
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