Beyond Employment: The Legal Regulation of Work Relationships

Australian labour law, at least from the mid-twentieth century, was dominated by the employment paradigm: the assumption that labour law���s scope was the regulation of employment relationships ���full-time and part-time, and continuing, fixed term or casual ��� with a single (usually corporate) entity employer. But no sooner had the employment paradigm established and consolidated its shape, it began to fall apart. Since the 1980s there has been a significant growth of patterns of work that fall outside this paradigm, driven by organisational restructuring and management techniques such as labour hire, sub-contracting and franchising. Beyond Employment analyses the way in which Australian labour law is being reframed in this shift away from the pre-eminence of the employment paradigm. Its principal concern is with the legal construction and regulation of various forms of contracting, including labour hire arrangements, complex contractual chains and modern forms like franchising, and of casual employment. It outlines the current array of work relationships in Australia, and describes and analyses the way in which those outside continuous and fixed term employment are regulated. The book seeks to answer the central question: How does law (legal rules and principles) construct these work relationships, and how does it regulate these relationships? The book identifies the way in which current law draws the lines between the various work relationships through the use of contract and property ownership, and describes, analyses and synthesises the legal rules that govern these different forms of work relationships. The legal rules that govern work relationships are explored through the traditional lens of labour law���s protective function, principally in four themes: control of property, and the distribution of risks and rewards; maintenance of income security; access to collective voice mechanisms, focusing on collective bargaining; and health, safety and welfare. The book critically evaluates the gaps in the coverage and content of these rules and principles, and the implications of these gaps for workers. It also reflects upon the power relationships that underpin the work arrangements that are the focus of the book and that are enhanced through the laws of contract and property. Finally, it frames an agenda to address the gaps and identified weaknesses insofar as they affect the economic wellbeing, democratic voice, and health and safety of workers.

Relationships between maternal overweight prior to pregnancy, feeding mode and infant feeding beliefs and practices

Aim To examine whether pre-pregnancy weight status was associated with maternal feeding beliefs and practices in the early post-partum period. Methods Secondary analysis of longitudinal data from Australian mothers. Participants (N=486) were divided into two weight status groups based on self-reported pre-pregnancy weight and measured height: healthy weight (BMI <25kg/m2; n=321) and overweight (BMI>25kg/m2; n=165). Feeding beliefs and practices were self-reported via an established questionnaire that assessed concerns about infant overeating and undereating, awareness of infant cues, feeding to a schedule, and using food to calm. Results Infants of overweight mothers were more likely to have been given solid foods in the previous 24hrs (29% vs 20%) and fewer were fully breastfed (50% vs 64%). Multivariable regression analyses (adjusted for maternal education, parity, average infant weekly weight gain, feeding mode and introduction of solids) revealed pre-pregnancy weight status was not associated with using food to calm, concern about undereating, awareness of infant cues or feeding to a schedule. However feeding mode was associated with feeding beliefs and practices. Conclusions Although no evidence for a relationship between maternal weight status and early maternal feeding beliefs and practices was observed, differences in feeding mode and early introduction of solids was observed. The emergence of a relationship between feeding practices and maternal weight status may occur when the children are older, solid feeding is established and they become more independent in feeding.

Relationships between user experience and intuitiveness of visual and physical interactions

This paper investigates the effects of experience on the intuitiveness of physical and visual interactions performed by airport security screeners. Using portable eye tracking glasses, 40 security screeners were observed in the field as they performed search, examination and interface interactions during airport security x-ray screening. Data from semi structured interviews was used to further explore the nature of visual and physical interactions. Results show there are positive relationships between experience and the intuitiveness of visual and physical interactions performed by security screeners. As experience is gained, security screeners are found to perform search, examination and interface interactions more intuitively. In addition to experience, results suggest that intuitiveness is affected by the nature and modality of activities performed. This inference was made based on the dominant processing styles associated with search and examination activities. The paper concludes by discussing the implications that this research has for the design of visual and physical interfaces. We recommend designing interfaces that build on users��� already established intuitive processes, and that reduce the cognitive load incurred during transitions between visual and physical interactions.

Connecting for innovation: Four universities collaboratively preparing pre-service teachers to teach in rural and remote Western Australia

In 2010 a group of teacher educators from four universities, experienced in rural and remote education, formed the Tertiary Educators Rural, Regional and Remote Network (TERRR Network). The collaborative goal was to improve the quality of graduates taking appointments beyond the metropolitan areas of Western Australia. The TERRR Network developed a research project to improve the capacity of universities to prepare teachers for employment in rural and remote locations. A range of outcomes emerged from the project, including: 1) the development of seven rural and remote-oriented curricula modules linked to the Australian Professional Standards for Teachers; 2) a cross-institutional field experience, and; 3) the development of a community of practice involving the Department of Education, universities and schools to address the logistical implications of placing pre-service students in rural and remote locations. This paper reports on the five phases of the project design, with a focus on learning in the field and concludes with reflections on the collaborative process used by the four universities in order to ensure that research evidence informs future policy and program development.

Enhancing professional learning for rural educators by rethinking connectedness

Impending changes in Australian education brings forth the expected transformation of teachers working in schools. Three key points for transforming Australian schools has been identified by Gillard (2008a) including the improvement of quality teaching, ensuring every child benefits and mandating transparency and accountability. A number of initiatives were considered to assist with such reform including the implementation of a Digital Education Revolution, the move to the Australian Curriculum and the implementation of a National Framework for Professional Standards for Teaching. As these transformative initiatives are rolled out to teachers across Australia, the equitable access to PD to support all teachers, regardless of their geographical location, is in question. In line with the literature, the author proposes the concept of delivering PD and accessing PD from regional and remote areas be reconsidered. This research paper will outline the findings from the study including travel time being significant and impacting on teachers personal time; limited relief teachers impacting on access to PD; promotion and teacher registration being explicitly linked to PD; professional learning communities being valued but often limited by small staff numbers; professional learning conducted in the local context being preferred; professional learning established at the teacher and school level being desirable; teachers being confident in using technology and accessing PD online if required; and social cohesiveness being valued and often limited by isolation. Further this research has culminated in the development of a conceptual framework that would facilitate improving the amount and variety of professional learning available to regional and remote teachers.

The Hot Topic Community: Videoconferencing to reduce the professional isolation of teachers in rural Western Australia

Access to quality professional learning and the opportunity to collaborate with other educators can be limited for teachers in rural and remote areas of Western Australia. A recognised need to enhance the skills of rural teaching professionals and encourage teachers in small communities to join collegial networks was established by the members of several professional organisations. A working group consisting of representatives from the Australian College of Educators-WA (ACE-WA), the Rural and Remote Education Advisory Council (RREAC), the Society for the Provision of Education in Rural Australia (SPERA) and the School of Isolated and Distance Education (SIDE) provided teachers in rural areas with the opportunity to reduce professional isolation through the provision of relevant, convenient, and cost effective in-service education. Through a videoconferencing system, accessed within the Western Australian Telecentre Network and other educational organisations, the audience connected and participated with the presenter and studio based audience for two Hot Topics Seminars in 2008. This paper reports on the challenges and successes encountered by the working group and the findings of the research conducted throughout 2008.

Understanding teachers: The potential and possibility of discourse analysis

Understanding the ways in which teachers make sense of what they do and why is critical to a broader understanding of pedagogy. Historically, teachers have been understood through the thematic and content analysis of their beliefs or philosophies. In this paper, we argue that discourse analysis (DA) involves a much finer-grained analysis of the ���lifeworlds��� of teachers and, in our view, provides a more detailed canvas from which inferences can be made. Our argument is structured in four parts. We begin by locating DA within the physical education (PE) literature and discuss what others have referred to as its relatively modest use. Following our location of DA, we outline a conceptual framework that we regard as useful, which contains six interrelated principles. We then introduce the idea of interpretive repertoires, which we consider to have particular explanatory power as well as being a sophisticated way to represent the subjectivities of PE teachers. Finally, we discuss the methodological strengths of interpretive repertoires. The paper concludes with a discussion on the theoretical and practical merits of adopting DA to analyse problems within PE.

An investigation into the barriers to the implementation of automation and robotics technologies in the construction industry

The rising problems associated with construction such as decreasing quality and productivity, labour shortages, occupational safety, and inferior working conditions have opened the possibility of more revolutionary solutions within the industry. One prospective option is in the implementation of innovative technologies such as automation and robotics, which has the potential to improve the industry in terms of productivity, safety and quality. The construction work site could, theoretically, be contained in a safer environment, with more efficient execution of the work, greater consistency of the outcome and higher level of control over the production process. By identifying the barriers to construction automation and robotics implementation in construction, and investigating ways in which to overcome them, contributions could be made in terms of better understanding and facilitating, where relevant, greater use of these technologies in the construction industry so as to promote its efficiency. This research aims to ascertain and explain the barriers to construction automation and robotics implementation by exploring and establishing the relationship between characteristics of the construction industry and attributes of existing construction automation and robotics technologies to level of usage and implementation in three selected countries; Japan, Australia and Malaysia. These three countries were chosen as their construction industry characteristics provide contrast in terms of culture, gross domestic product, technology application, organisational structure and labour policies. This research uses a mixed method approach of gathering data, both quantitative and qualitative, by employing a questionnaire survey and an interview schedule; using a wide range of sample from management through to on-site users, working in a range of small (less than AUD0.2million) to large companies (more than AUD500million), and involved in a broad range of business types and construction sectors. Detailed quantitative (statistical) and qualitative (content) data analysis is performed to provide a set of descriptions, relationships, and differences. The statistical tests selected for use include cross-tabulations, bivariate and multivariate analysis for investigating possible relationships between variables; and Kruskal-Wallis and Mann Whitney U test of independent samples for hypothesis testing and inferring the research sample to the construction industry population. Findings and conclusions arising from the research work which include the ranking schemes produced for four key areas of, the construction attributes on level of usage; barrier variables; differing levels of usage between countries; and future trends, have established a number of potential areas that could impact the level of implementation both globally and for individual countries.

Teacher praise and feedback and students��� perceptions of the classroom environment

The relationships between teacher praise and feedback, and students��� perceptions of the classroom environment were investigated in six rural elementary schools (n 5 747). The Teacher Feedback Scale and My Classroom Scale were developed as part of this study and used to collect the data. Structural equation modelling was used to test a hypothesised model. The results indicated that negative teacher feedback and effort feedback were both related to students��� relationships with their teachers, while ability feedback was associated with perceptions of the classroom environment. Praise was not related to classroom environment or teacher���student relationships. Significant age and gender differences were found. Additionally, differences were found between students who were satisfied with their classroom and those who were dissatisfied. Satisfied students received more general praise, general ability feedback, effort feedback and less negative teacher feedback when compared to dissatisfied students. Research studies have emphasised the influence of signicicant adults (teachers and parents) on students��� personal development (Porlier et al., 1999) and the importance of significant others��� verbal statements when directed at children (Burnett, 1996a). The relationships between negative and positive statements made by teachers, parents, peers and siblings and children���s self-talk have been investigated (Burnett, 1996a) and positive statements (praise) have been found to be more beneficial than verbal criticism (Burnett, 1999). The quality of life in the classroom in recent times has been considered of great importance to students (Thorp et al., 1994) and this is recognised by Baker (1999) who reported a relationship between students��� satisfaction with the learning environment, and differential teacher feedback and praise. This study investigated the relationships between teacher praise and feedback, and how students perceived their classroom and their relationship with their teacher.

Students��� perceptions of teaching and learning: the influence of students��� approaches to learning and teachers��� approaches to teaching

Nearly 500 secondary students in 24 classes were surveyed and four students in each class interviewed concerning their approaches to learning and perceptions of their classroom environment. While interviewed students with deep approaches to learning generally demonstrated a more sophisticated understanding of the learning opportunities offered to them than did students with surface approaches, teaching strategies also influenced students' perceptions. When teachers focused strongly on actively engaging students and creating a supportive environment, students with both deep and surface approaches focused on student-centred aspects of the class. In contrast, when traditional expository teaching methods were used exclusively, students with deep and surface approaches both focused on transmission and reproduction.

Children's self-talk and significant others' positive and negative statements

A sample of 675 elementary school children in Grades 3-7 were administered the Self-talk Inventory and the Significant Others' Statements Inventory. The psychometric properties of both scales were investigated and the relationships between positive and negative self-talk and significant others' (parents, teachers, siblings and peers) positive and negative statements were explored using correlational and multiple regression analyses. Sex and age differences were also examined. The significant relationships and differences are described.

Investigating relationships between relationship quality, customer loyalty and cooperation : an empirical study of convenience stores' franchise chain systems in Taiwan

Franchising has been widely accepted as an effective way to conduct and expand businesses. However, a franchise system is not a guarantee of success in the market. A successful franchise system should rely on a close and strong franchising relationship. Franchising is an important relationship management business. Franchising arrangements normally last for a number of years, so the franchisor and franchisee in the arrangement relationship are usually motivated to cooperate with each other. In addition, highly loyal franchisees may be obtained through a successful long-term franchising relationship. Over the last few decades, there has been a tremendous wave of interest in franchising relationships. However, little research has been conducted to determine the reasons for long-term franchising relationships. As a result, this study focuses on the important elements that might lead to a successful long-term franchising relationship. This study attempts to examine empirically three essential constructs (relationship quality, cooperation and customer loyalty), which might lead to successful long-term franchising relationships between franchisees and franchisors among the convenience stores in Taiwan. Mailed questionnaires were utilised to collect the research data. A total of 500 surveys were mailed randomly to the manager/supervisor of convenience stores��� franchisees among the four main franchisors (7-ELEVEN, Family, Hi-Life and OK) in Taiwan. The final sample size is 120, yielding a response rate of 24 per cent. The results show that relationship quality positively influences the cooperative relationships between franchisors and franchisees. Relationship quality is also positively correlated with franchisees��� loyalty. Additionally, the results indicate that the cooperative relationships between franchisors and franchisees are significantly associated with franchisees��� loyalty.

Teachers reporting suspected child sexual abuse : results of a three-state study

Over 3000 cases of child sexual abuse are identified every year in Australia, but the real incidence is higher still. As a strategy to identify child sexual abuse, Australian States and Territories have enacted legislation requiring members of selected professions, including teachers, to report suspected cases. In addition, policy-based reporting obligations have been developed by professions, including the teaching profession. These legislative and industry-based developments have occurred in a context of growing awareness of the incidence and consequences of child sexual abuse. Teachers have frequent contact and close relationships with children, and possess expertise in monitoring changes in children���s behaviour. Accordingly, teachers are seen as being well-placed to detect and report suspected child sexual abuse. To date, however, there has been little empirical research into the operation of these reporting duties. The extent of teachers��� awareness of their duties to report child sexual abuse is unknown. Further, there is little evidence about teachers��� past reporting practice. Teachers��� duties to report sexual abuse, especially those in legislation, differ between States, and it is not known whether or how these differences affect reporting practice. This article presents results from the first large-scale Australian survey of teachers in three States with different reporting laws: New South Wales, Queensland, and Western Australia. The results indicate levels of teacher knowledge of reporting duties, reveal evidence about past reporting practice, and provide insights into anticipated future reporting practice and legal compliance. The findings have implications for reform of legislation and policy, training of teachers about the reporting of child sexual abuse, and enhancement of child protection.

Attitudes and interests towards biotechnology: The mismatch between students and teachers

Increasing the scientific literacy of Australians has become an educational priority in recent times. The ���Science State ��� Smart State��� initiative of the Queensland Government involves an action plan for improving science education that includes a Science for Life action. A desired outcome is for an increased understanding of the natural world so that responsible decisions concerning our future wellbeing can be made in an age of science and technology. Biotechnology is a technology that is having profound impact on our lives. This paper describes how 15-16 year old students and biology teachers revealed a mismatch in both attitudes and interests towards biotechnology between the students and teachers. The findings are of interest as the teachers are writing biotechnology into their work programs in response to new syllabus documents. The teacher���s areas of interest did not match those of the students, possibly resulting in a curriculum the teachers want to teach, but the students do not want to learn.

A thematic approach to integrating maths and science for pre-service primary teachers via sustainability

Efforts to improve mathematics and science content knowledge have in many institutions required redefining teacher education through new teaching and learning. See, for example, Peard & Pumadevi (2007) for an account of one such attempt involving the development of a Foundations Unit, Scientific and Quantitative Literacy. This unit is core for all first year pre-service primary teacher education students at Queensland University of Technology (QUT) and two Education Institutes in Malaysia, Institute Perguruan Raja Melewar (IPRM), and Institute Perguruan Teknik (IPT) Kuala Lumpur. Since then, QUT has modified the unit to adopt a thematic approach to the same content. An aim of the unit rewrite was the development of a positive attitude and disposition to the teaching and learning of mathematics and science, with a curiosity and willingness to speculate about and explore the world. Numeracy was specifically identified within the mathematics encountered and appropriately embedded in the science learning area. The importance of the ability to engage in communication of and about mathematics and science was considered crucial to the development of pre-service primary teachers. Cognisance was given to the appropriate selection and use of technology to enhance learning - digital technologies were embedded in the teaching, learning and assessment of the unit to avoid being considered as an optional extra. This was achieved around the theme of ���the sustainable school���. This ���sustainability��� theme was selected due to its prominence in Australia���s futures-oriented National Curriculum which will be implemented in 2011. This paper outlines the approach taken to the implementation of the unit and discusses early indicators of its effectiveness.