topic 4 labour markets Flashcards
why do government’s intervene in labour markets
- achieve macroeconomic objectives (e.g inflation)
- Achieve microeconomic objectives (e.g productivity growth, increased competitiveness, resolving workplace disputes)
- Achieve objectives relating to the distribution of income and wealth (e.g ensuring fair minimum working standards)
prior labour market
regulated through a mix of federal and state laws –> inefficient
current labour market
move toward a national industrial relations system since the 2009 Fair Work Act which:
- covers 9/10 workers
- federal power over all employees of incorporated businesses and its own employees (about 85% of the workforce)
- some states have “referred” (handed over” their power to federal gov
the national system is overseen by
Fair Work Commission.
Australia’s national wage determination system
directly covers 7/10 workers (9 million people)
fair work act sets out rules for 3 main streams:
- 38% are covered by some kind of collective agreement
- 38% are covered by an individual agreement
- 21% are covered only by industrial awards
those outside Australia’s national wage determination system
- Individuals whose conditions are unregulated (17%) –> e.g independent contractors
- Individuals whose conditions are regulated by the state workplace relations system (12%) –> e.g state public sector employees or WA employees of small businesses
minimum employment standards
Australian employees have 10 guaranteed conditions set out in the National Employment Standards including:
- max weekly hrs at 38
- right to request flexible working hours
- leave (paid and unpaid)
- Notice of termination and redundancy policy (1- 4 weeks) (entitled to redundancy payment)
minimum wages
A national minimum wage provides a safety net for any employee not covered by an award and is determined by the Fair Work Commission’s Minimum Wage Panel.
- reviewed annually
- consider social and economic objectives
- balance incentive and income inequality
awards def
Awards are a set of pay and conditions that are specific to an employee’s work or industry sector (such as a shop assistant or a construction industry worker) → Australia has different minimum pay rates in different awards
- set minimum rates of pay and entitlements
- set by fair work commission
past inefficient awards
awards were comprehensive documents outlining in detail the wages and working conditions within certain industries and firms
- has 4300 awards
- retail sector has 41 awards at 2082 pages
restructures efficient awards
- decreased awards to 121 (107 industry based and 14 occupation based)
- there are 156 modern awards in operation in 2021
modern awards
modern awards extend on National Employment Standards protections and tailor provisions to the needs of the specific industry or occupation.
- must include a clause that allows for an individual flexibility agreement (IFA)
- BOOT applies
- only made after employment is commenced
enterprise agreements def
The most common method of wage determination are enterprise agreements which are negotiated collectively between an employer (or employers) and employees, usually represented by unions.
as a minimum, all enterprise agreement must
- Comply with National Employment Standards
- Must pass the BOOT to ensure employees are better off overall by an agreement instead of an applicable award
for enterprise agreements the fair work act introduced:
employee right to bargaining power:
- Employees can enterprise bargain if majority of employees vote in agreement = collective agreements
- collective agreements cover 38% of employees
- collective agreements cover issues such as wage increases and other changes
individual employment contracts
Fair Work Act was the abolition of individual contracts known as Australian Workplace Agreements.
- gave employers higher bargaining power than employees
individual employment contracts for high income earners
here is an exception for employment of high income earners → they do not need these protections
- modern awards don’t apply to employees earning an annual $158,500 (set in 2021-22).
- make agreement with their employer called common law contract
- still follows National Employment Standards
difference between common law and enterprise agreements
Common law is made individually and cannot remove or trade-off minimum award conditions such as penalty rates.