Enforceable undertakings : a new mechanism for minimum labour standards’ enforcement

Regulatory commentators have identified the need for more responsive regulation to allow enforcement agencies to respond to different types and degrees of non-compliance. One tool considered to support responsive enforcement is the Enforceable Undertaking (EU). EUs are used extensively by Australian regulators in decisions that forego litigation in exchange for offenders promising to (amongst other things) correct behaviour and comply in the future. This arguably allows regulatory agencies greater flexibility in how they obtain compliance with regulations. EUs became an additional enforcement tool for the Fair Work Ombudsman (FWO) under the Fair Work Act 2009. This paper is a preliminary exploration of the comparative use of EUs by the Australian Competition and Consumer Commission and the FWO to assess their effectiveness for the minimum labour standards' environment.

Gender-based undervaluation and the equal remuneration powers of Fair Work Australia

We investigate gender-based wage undervaluation in light of FairWork Australia’s major recent decision for social and community service workers. Using regression methods, we demonstrate that wages for employees in female-dominated occupations are significantly lower than for comparable employees in male-dominated and integrated occupations. This undervaluation is present for both male and female employees, and persists after controlling for industry of employment. We then estimate the undervaluation within industry and juxtapose the results with evidence on the industry distribution of award reliance, a proxy for Fair Work Australia’s equal remuneration powers. There is not a strong relationship within industries between the extent of gender-based undervaluation and award reliance. This suggests that ‘equal remuneration for work of equal or comparable value’ is unlikely to be achieved universally by Fair Work Australia without substantial spillovers between awards and non-award agreements.

Employment Relations in Australia, 2nd Edition

The relationship between employers and employees has been one of the most hotly debated issues in Australia in recent times. Recent legislation such as the Workplace Relations Amendment (Work Choices) Act 2005 and the subsequent Fair Work Act 2009 provides stark evidence of this. The impact of these significant developments is explored and analysed in detail in the new edition of this popular text, complete with a balanced coverage of the often contrasting viewpoints of all stakeholders - from governments, unions and employer associations, through to individual employers and employees. The text outlines different approaches to understanding the nature of the employment relationship, with a contextual background as to how this relationship has changed and developed throughout our nation's history.

Employment and industrial law in paramedic practice

This chapter will provide you with the some of the information you may need to make information on decisions in cases such as the one given above. In particular it will help you answer questions such as: 1. As Molly and Vikram are approaching the end of their shift, to attend will force them into overtime; could they refuse to attend the job on the basis of the refusal to do overtime outside of contracted hours? 2. Would their refusal be viewed as a breach of contract and therefore a disciplinary issue? 3. Why? 4. Does the need to attend this possibly gravely ill patient outweigh the demands of the paramedics to finish on time?

Enforcing minimum labour standards in Australia from 2010 : correcting or compounding problems

Fair Work Australia is to provide the institutional framework for the Australian industrial relations system from January 2010. Its creation provides the opportunity to improve minimum labour standards’ enforcement in Australia. However, the experience of the past must be appreciated and traditional assumptions about the operation of the Australian enforcement system discarded if the new institution is to be effective in its role. This paper focuses on the role of unions in enforcement as well as institutional location issues to expose a number of central enforcement problems that those seeking to establish new systems and processes should consider. A number of recommendations in respect of the structure of Fair Work Australia and the continuing role of unions are suggested.

Redesigning the inspection blitz in the post WorkChoices environment

The regulatory enforcement literature proposes a continuum with two principal perspectives to gaining compliance with regulations at its extremes – a compliance approach and a deterrence approach. Within these perspectives a range of strategies and tools are used to support the broad intent of an enforcement agency. One tool is the inspection blitz, concentrating resources where significant non-compliance is suspected. While agencies enforcing minimum labour standards in the Australian federal jurisdiction have traditionally used the blitz strategy as an occasional tool, it is now more regularly used. This paper examines the blitz as an enforcement tool, placing it within the compliance/deterrence perspectives, before exploring its use by the Workplace Ombudsman/Fair Work Ombudsman. We argue that multiple factors have led to the blitz’s redesign in the post-Work Choices environment, and that its current framework and persuasive compliance nature is not appropriate for all situations.

Health a focus at international conference

The 2009 Native American and Indigenous Studies Conference recently held in Minneapolis, Minnesota, United States of America attracted over 600 scholars. The Conference was scholarly and interdisciplinary and was intended for Indigenous and non-Indigenous scholars who work in American Indian/ Native American/ First Nations/ Aboriginal/ Indigenous Studies. Scholars came from USA, Canada, Hawaii, Central and South America, New Zealand, Switzerland, England and Australia. The aim of the Native American and Indigenous Studies Conference is to offer a chance to scholars working in the field of Indigenous Studies to present scholarly work. The 2009 witnessed a selection of papers from the discipline of Health. This article gives an overview of the Conference and some of the health papers.

Distracted

Distracted is a luminous, interactive, computational media installation of sound, light and translucent sculptural materials. The work is inspired by scientific ice core samples taken in Antarctica. The sculpture is capable of displaying data taken from these ice core samples, and responding to the proximity of an audience. Rather than simply using the interface as a didactic display device, we have chosen a more poetic approach of generating visual effects from the data that are evocative of the ice, fluids and the notion of change. The data has also been used in the composition of an evolving soundscape. As well as data from ice core samples, such as the Vostok ice core, we have incorporated data from the Keeling Curve that shows the annual rise and fall of atmospheric carbon dioxide, following the pattern of the Northern Hemisphere winter. These effects combine with changes caused directly by audience members as they come within close proximity to the work.

Solar powered UAV for fire prevention and planning

This project aims to develop a methodology for designing and conducting a systems engineering analysis to build and fly continuously, day and night, propelled uniquely by solar energy for one week with a 0.25Kg payload consuming 0.5 watt without fuel or pollution. An airplane able to fly autonomously for many days could find many applications. Including coastal or border surveillance, atmospherical and weather research and prediction, environmental, forestry, agricultural, and oceanic monitoring, imaging for the media and real-estate industries, etc. Additional advantages of solar airplanes are their low cost and the simplicity with which they can be launched. For example, in the case of potential forest fire risks during a warm and dry period, swarms of solar airplanes, easily launched with the hand, could efficiently monitor a large surface, reporting rapidly any fire starts. This would allow a fast intervention and thus reduce the cost of such disaster, in terms of human and material losses. At higher dimension, solar HALE platforms are expected to play a major role as communication relays and could replace advantageously satellites in a near future.

Genshanmen Urban Centre and Transport Interchange

This project is the result of a collaborative design process involving QUT School of Design, and AREN Consulting and ZIAD (Zheijiang Provincial Institute of Architectural Design and Research). This project is the submission prepared by the above partnership for an invited international design competition, promoted by Hangzhou City, China. ---------- This major urban design and architecture project is for a large transport oriented development on the new Hangzhou Subway system. The development, covering several city blocks, includes the provision of residential, retail, education, commercial, and transport infrastructure; integrated with rail, bus and ferry systems. ---------- The design strategies are based on the development or artificial land forms; the cutting of new canals, raising of the ground plane, and metaphoric reference to the Yellow Mountains (explored in the detail of the central ‘ridge’ of built form). Further to this, the project explores the integration of sustainable technologies and philosophies with large scale building projects in a subtropical context.

A dog of a QCAT : collateral effects of mandated English assessment in the Torres Strait

This paper critiques a 2008 Queensland Studies Authority (QSA) assessment initiative known as Queensland Comparable Assessment Tasks, or QCATs. The rhetoric is that these centrally devised assessment tasks will provide information about how well students can apply what they know, understand and can do in different contexts (QSA, 2009). The QCATs are described as ‘authentic, performance-based assessment’ that involves a ‘meaningful problem’, ‘emphasises critical thinking and reasoning’ and ‘provides students with every opportunity to do their best work’ (QSA, 2009). From my viewpoint as a teacher, I detail my professional concerns with implementing the 2008 middle primary English QCAT in one case study Torres Strait Island community. Specifically I ask ‘QCATs: Comparable with what?’ and ‘QCATs: Whose authentic assessment?’. I predict the possible collateral effects of implementing this English assessment in this remote Indigenous community, concluding, rather than being an example of quality assessment, colloquially speaking, it is nothing more than a ‘dog’.

Xiamen Hai Cang tourism project : landscape planning and design of five islands

International practice-led design research in landscape architecture has identified the need for addressing the loss of biodiversity in urban environments. China has lost much of its biodiversity in rural and urban environments over thousands of years. However some Chinese cities have attempted to conserve what remains and enhance existing vegetation communities in isolated pockets. Island biogeography has been used as the basis for planning and designing landscapes in Australia and North America but not as yet in China, as far as we know. A gap in landscape design knowledge exists regarding how to apply landscape ecology concepts to urban islands of remaining biodiversity being developed for heavy Chinese domestic tourism impacts in the future. This project responded to the demands for harbour-side tourism opportunities in Xiamen City, Fujian Province, by proposing a range of eco-design innovations using concepts of patch, edge and interior to interconnect people and nature in a Chinese setting.

Stage 1 of the Yueyang Urban Water System Project: Landscape planning and design of Wangjia River

Chinese landscape architects are largely focused on objective practical solutions to environmental problems. In the West, theoretical landscape knowledge is largely conceptual and abstract. This research debated how Australian ecological concepts could or should be transposed to Chinese landscapes. This project responded to severe water and soil pollution issues in the estuarine and riparian zones of rivers flowing into Dongting Lake, in Yueyang City, Hunan Province. This work proposed a range of waterfront design innovations that challenged the notion of corridor as habitat, filter, barrier and conduit in a Chinese riparian context.

Does institutional location protect from political influence? the case of a minimum labour standards enforcement agency in Australia

Among the many factors that influence enforcement agencies, this article examines the role of the institutional location (and independence) of agencies, and an incumbent government's ideology. It is argued that institutional location affects the level of political influence on the agency's operations, while government ideology affects its willingness to resource enforcement agencies and approve regulatory activities. Evidence from the agency regulating minimum labour standards in the Australian federal industrial relations jurisdiction (currently the Fair Work Ombudsman) highlights two divergences from the regulatory enforcement literature generally. First, notions of independence from political interference offered by institutional location are more illusory than real and, second, political need motivates political action to a greater extent than political ideology.

The empty city (Stage adaptation)

This pre-production script for a non-verbal, multimedia performance is the outcome of three rounds of creative development (2009-10) focussed on adapting a children's picture book for the stage. Protoype versions of this script were realised at work-in progress performances at the Queensland Performing Arts Complex in January 2009, and the Woodward Theatre in July 2009. Supported by the Australia Council, Arts Queensland, Windmill Theatre (SA) and QUT