Evaluating the Effectiveness of Workplace Law Reform
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- Category: Politics: Economics
- Date Submitted: 08/16/2010 01:08 PM
- Pages: 8
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Evaluate the effectiveness of law reform in achieving justice for the employer and employee in reflecting community standards and expectations from 2009 to present.
The law aims to achieve justice for employers and employees as well as reflect the standards and expectations of the community. In order to judge the effectiveness of workplace law, as well as workplace law reforms, numerous factors must be taken into account. The law must be accessible, transparent and efficient, reflect moral and ethical standards and be enforceable. Also, the effectiveness of the law must be evaluated with respect to the re-occurring workplace issues in society and what remedies have been established to combat these issues, issues that have existed for many decades, like discrimination.
The labour Governments legislation, the Fair Work Act 2009 (Cwth) aimed to correct the ineffectiveness of Workchoices. One of the flaws of Workchoices was the “Australian Workplace Agreements””, which meant more employees negotiated for their own benefits only on an individual basis. The creation of the AWAs caused mass demonstrations and protests in Australia, which clearly shows that the legislation was ineffective and did not reflect community standards and expectation. The Fair Work Act 2009 demonstrates its effectiveness as it returns the collective bargaining powers to employees. By returning these powers to the employees, this improved productivity and for example with regards to low-income earners, it allowed them to bargain at an enterprise level, therefore giving them position in the workplace. Also with the increase involvement of trade unions with regards to the bargaining process, the advice and the representation they provide has evidently allowed employees to continue to bargain with their employers and thus, this creating equality and justice which shows the law being effective.
The Fair Work Ombudsman (OFWO), which was created under the Fair Work Act 2009 (Cwth), ensured that...
The law aims to achieve justice for employers and employees as well as reflect the standards and expectations of the community. In order to judge the effectiveness of workplace law, as well as workplace law reforms, numerous factors must be taken into account. The law must be accessible, transparent and efficient, reflect moral and ethical standards and be enforceable. Also, the effectiveness of the law must be evaluated with respect to the re-occurring workplace issues in society and what remedies have been established to combat these issues, issues that have existed for many decades, like discrimination.
The labour Governments legislation, the Fair Work Act 2009 (Cwth) aimed to correct the ineffectiveness of Workchoices. One of the flaws of Workchoices was the “Australian Workplace Agreements””, which meant more employees negotiated for their own benefits only on an individual basis. The creation of the AWAs caused mass demonstrations and protests in Australia, which clearly shows that the legislation was ineffective and did not reflect community standards and expectation. The Fair Work Act 2009 demonstrates its effectiveness as it returns the collective bargaining powers to employees. By returning these powers to the employees, this improved productivity and for example with regards to low-income earners, it allowed them to bargain at an enterprise level, therefore giving them position in the workplace. Also with the increase involvement of trade unions with regards to the bargaining process, the advice and the representation they provide has evidently allowed employees to continue to bargain with their employers and thus, this creating equality and justice which shows the law being effective.
The Fair Work Ombudsman (OFWO), which was created under the Fair Work Act 2009 (Cwth), ensured that...