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.

Design and implementation of unified communications as a service based on the OpenStack cloud environment

Cloud Computing, based on early virtual computer concepts and technologies, is now itself a maturing technology in the marketplace and it has revolutionized the IT industry, being the powerful platform that many businesses are choosing to migrate their in-premises IT services onto. Cloud solution has the potential to reduce the capital and operational expenses associated with deploying IT services on their own. In this study, we have implemented our own private cloud solution, infrastructure as a service (IaaS), using the OpenStack platform with high availability and a dynamic resource allocation mechanism. Besides, we have hosted unified communication as a service (UCaaS) in the underlying IaaS and successfully tested voice over IP (VoIP), video conferencing, voice mail and instant messaging (IM) with clients located at the remote site. The proposed solution has been developed in order to give advice to bussinesses that want to build their own cloud environment, IaaS and host cloud services and applicatons in the cloud. This paper also aims at providing an alternate option for proprietary cloud solutions for service providers to consider.

Investigating tween children's capacity to conceptualise the complex issue of wellbeing

Wellbeing is an area that has gained increased global focus, particularly when considering children’s lives. With the growing focus on children’s wellbeing, it is apparent that this is an important aspect that is being considered in the policy and provision designed for children. The decision-making surrounding wellbeing provision for children typically occurs without the direct input of the children that these services are designed to benefit. With the children’s capacities being variably considered in wider society, opportunities for children to participate in decision-making on matters that affect them are often limited. The absence of children’s perspectives on matters that affect their lives, such as wellbeing, reveal that adults may be missing a key perspective when seeking to understand and cater for children’s wellbeing needs. This article outlines the results of a study that investigated how children aged 8 to 12 years o age (tweens) defined and conceptualised wellbeing. This article proposes that children can be included in the conceptualisation and development of policy and provision designed to benefit them and argues for increased presence of the voice and participation of children in wider societal initiatives.

Students’ perceptions of their own victimization: A youth voice perspective

This article investigates the perceptions of 156 students who were victims of both traditional and cyberbullying (117 female, 45 male), ages 10 to 17 years, as to which form of bullying was more hurtful. Overall, students perceived traditional victimization to be more hurtful than cyber victimization. Reasons identified in the data to explain the different perceptions of victims were categorized and found to relate to: the bully, the bystanders, the bullying incidents, the emotional impact on the victim, and the victim’s ability to respond. The perceptions of these students challenge a number of suppositions presented in the literature that attempt to explain why cyberbullying is associated with more negative outcomes than traditional bullying. The implications for antibullying programs to address these issues are discussed.

Global journalism investigations in the digital age: Connections and collaborations

Investigative journalists who join what theorist Manuel Castells describes as the ‘network society’ can locate potential news sources using various social media platforms and interview them using Web-based communication technologies. The potential for journalistic investigations involving multi-directional conversations with news sources across the globe is beginning to be explored. Potential news sources who are part of the network society have unprecedented access to specialist investigative reporters irrespective of their location and can speak to them more cost effectively than in the past. This paper explores how new journalism technologies are allowing journalists to call powerful individuals and institutions to account, irrespective of national borders; and how previously silenced individuals are being given a voice. To read an example of international investigative journalism facilitated by a combination of social media, Web-based communications, reporter collaboration and news outlet collaborations see http://www.theaustralian.com.au/news/features/churchs-wall-of-silence-on-sexual-abuse/story-e6frg6z6-1226639077238.

The social inclusion policy agenda in Australia: A case of old wine, new bottles?

The election of an Australian Labor Government in Australia in 2007 saw ‘social inclusion’ emerge as the official and overarching social policy agenda. Being ‘included’ was subsequently defined by the ALP Government as being able to ‘have the resources, opportunities and capabilities needed to learn, work, engage and have a voice’. Various researchers in Australia demonstrated an interest in social inclusion, as it enabled them to construct a multi-dimensional framework for measuring disadvantage. This research program resulted in various forms of statistical modelling based on some agreement about what it means to be included in society. The multi-dimensional approach taken by academic researchers, however, did not necessarily translate to a new model of social policy development or implementation. We argue that, similar to the experience of the UK, Australia’s social inclusion policy agenda was for the most part narrowly and individually defined by politicians and policy makers, particularly in terms of equating being employed with being included. We conclude with discussion about the need to strengthen the social inclusion framework by adopting an understanding of social inequality and social justice that is more relational and less categorical.

Complete-linkage clustering for voice activity detection in audio and visual speech

We propose a novel technique for conducting robust voice activity detection (VAD) in high-noise recordings. We use Gaussian mixture modeling (GMM) to train two generic models; speech and non-speech. We then score smaller segments of a given (unseen) recording against each of these GMMs to obtain two respective likelihood scores for each segment. These scores are used to compute a dissimilarity measure between pairs of segments and to carry out complete-linkage clustering of the segments into speech and non-speech clusters. We compare the accuracy of our method against state-of-the-art and standardised VAD techniques to demonstrate an absolute improvement of 15% in half-total error rate (HTER) over the best performing baseline system and across the QUT-NOISE-TIMIT database. We then apply our approach to the Audio-Visual Database of American English (AVDBAE) to demonstrate the performance of our algorithm in using visual, audio-visual or a proposed fusion of these features.

The QUT-NOISE-SRE protocol for the evaluation of noisy speaker recognition

The QUT-NOISE-SRE protocol is designed to mix the large QUT-NOISE database, consisting of over 10 hours of back- ground noise, collected across 10 unique locations covering 5 common noise scenarios, with commonly used speaker recognition datasets such as Switchboard, Mixer and the speaker recognition evaluation (SRE) datasets provided by NIST. By allowing common, clean, speech corpora to be mixed with a wide variety of noise conditions, environmental reverberant responses, and signal-to-noise ratios, this protocol provides a solid basis for the development, evaluation and benchmarking of robust speaker recognition algorithms, and is freely available to download alongside the QUT-NOISE database. In this work, we use the QUT-NOISE-SRE protocol to evaluate a state-of-the-art PLDA i-vector speaker recognition system, demonstrating the importance of designing voice-activity-detection front-ends specifically for speaker recognition, rather than aiming for perfect coherence with the true speech/non-speech boundaries.

What's the fuss about NAPLAN?

In September each year in Australia, schools and the families of students receive their NAPLAN results. Since 2008, students in Years 3, 5, 7 and 9 have sat tests in literacy and numeracy. Since 2010, schools’ NAPLAN results have been listed on the My School website. The tests are designed to improve student achievement by “improving the transparency and accountability of schools and school systems at all levels” (Rudd & Gillard, 2008, p. 19). The policy logic, it seems, is that test-based accountability encourages improvements in teachers and schools.

The good student: Subjectivities, power and schooling

Schools are places where student subjectivities are negotiated and contested in a variety of spaces. This paper argues that schools organise the possibilities for student subjectivities through a set of discourses that construct idealised notions of the good student. Whilst some discourses occur across educational sites, in practice these sets of discourses construct a unique vision of the good student in each specific school site. This vision is articulated in a variety of ways in each school, however, the result is that each student is enmeshed within a complex nexus of power relations that they can contest, negotiate or accept. Most of the time, students engage in a swirling set of subjectivities that encompasses these possibilities in various ways at various times. This paper problematises commonsense notions of the good student at one school site. One intent is to give voice to the lived experience of students who find themselves the site of these technologies of power. These technologies construct a set of commonsense expectations of schools - amongst which is the desire to produce the good student. Another is to use a Foucaultean analysis that rejects the good/bad binary that underpins many commonsense understandings of what students should be.

Authentically ambiguous, credibly anonymous: Perceptually reframing the personal narrative towards effective persuasion in aggressive human rights contexts

Testing the strategies of discourse and materiality, this practice-based and practice-led research experiments with how anonymous storytelling by vulnerable communities, like that of the sexual minorities and their allies in Malaysia, can better speak to their human rights issues without further subjecting them to personal attacks and targetted persecution. The research identifies the critical role of the voice in lending authenticity and credibility to first person narratives; and contextual credibility as a form of credibility which personal stories naturally aspire to achieve with audiences. Adopting a discursive view of persuasion and recognising too that the power of persuasion may in effect lie with those who receive these stories rather than with those who tell them, the insights and knowledge gained from the research informed the development of the field output, Persuasive Storytelling by Vulnerable Communities in Aggressive Contexts: A Human Rights Communication Framework.

Storytelling and new media technologies: Investigating the potential of the ABC's Heywire for regional youth

This thesis investigates an instance of audience participation within the Australian public service media institution, the ABC. The case study for this research – the ABC’s ‘Heywire’ project – is a regional youth storytelling project, an online platform, and an example of the potentials as well as the limitations of personal narrative and digital technologies for incorporating the voices and self-representations of audiences. By investigating 'Heywire', this thesis illuminates the exciting opportunities and also some profound challenges that arise when public service media institutions invite their audiences to participate as content creators and storytellers.

Voice, deliberation, resistance and persuasion through networked journalism

The pervasive use of the World Wide Web by the general population has created a cultural shift in “our living world”. It has enabled more people to share more information about more events and issues in the world than was possible before its general use. As a consequence, it has transformed traditional news media’s approach to almost every aspect of journalism, with many organisations restructuring their philosophy and practice to include a variety of participatory spaces/forums where people are free to engage in deliberative dialogue about matters of public importance. Moreover, while news media were the traditional gatekeepers of information, today many organisations allow, to different degrees, the general public and other independent journalism entities to participate in the news production process, which may include agenda setting and content production. This paper draws from an international collective case study that showcases various approaches to networked online news journalism. It examines the ways in which different traditional news media models use digital tools and technologies for participatory communication of information about matters of public interest. The research finds differences between the ways in which public service, commercial and independent news media give voice to the public and ultimately their approach to journalism’s role as the Fourth Estate––one of the key institutions of democracy. The work is framed by the notion that journalism in democratic societies has a key role in ensuring citizens are informed and engaged with public affairs. An examination of four media models, the British Broadcasting Corporation (BBC), the Guardian, News Limited and OhmyNews, showcases the various approaches to networked online news journalism and how each provides different avenues for citizen empowerment. The cases are described and analysed in the context of their own social, political and economic setting. Semi-structured in-depth interviews with key senior journalists and editors provide specific information on comparisons between the distinctive practices of their own organisation. In particular these show how the ideal of democracy can be used as a tool of persuasion as much as a method of deliberation.

The bias and assumptions in the Aboriginal and Torres Strait Islander Education Action Plan

This presentation argues that “genuine” engagement and consultation is required where Indigenous voice is included within the policy development process for “true” progress to be achieved. With the ever increasing engagement of Aboriginal and Torres Strait Islander people in the decision making processes of Indigenous education, it is anticipated that there will be provision of opportunities for better outcomes and a greater acceptance of the policy within community (Department of Prime Minister and Cabinet, 2014). This presentation is derived from a larger project where the Aboriginal and Torres Strait Islander Education Action Plan (MCEECDYA, 2011) was critically analysed using Fairclough’s (2001) Critical Discourse Analysis framework and Rigney’s (1999) Indigenist Research Principles. Within this study, the underlying assumptions and bias identified within the policy and how it positions Aboriginal and Torres Strait Islander people were articulated. The major findings that emerged from the data included: - a) the homogenous grouping of Aboriginal and Torres Strait Islander people; - b) the maintenance of the prevalent dominant ideology within policy, and finally; - c) the expectation by the power elite of increased engagement and connections by Aboriginal and Torres Strait Islander peoples without consideration of the detrimental effects of past policies and reforms.