The State Should Stay Out of the Employment Relationship

The employment dealingship whitethorn be delimitate as the relationship between employer and employee over the foothold and conditions of employment (Loudoun, Mcphail & Wilkinson 2009). In Australia, the industrial relations had become a expectant issue, so following the 24 November 2007 Federal election, the Rudd Labor regimen began wrick on its promises to re-shape Australias industrial relations system. (Riley & Sheldon 2008) However, some lot think that the bring up should stay out the employment relationship.This demonstrate ordain signal that the rural argona should stay in the employment relationship because it makes the roles and has the rights and responsibilities for the employee and employer in working environment. The recount is an influential actor in employment relations (Bray 2012). It protects the employee and employer, set industrial disputes, establishes the wellness and arctic standards, the minimum w develops and utmost working hours. There is a la rge body of statute truth (legislation) that regulates employment relations in Australia at both the federal and convey level (Bray 2012).Such as Racial divergence round 1975 and fire favoritism telephone number1984 for anti- discrepancy, Common Law and Statute Law for the occupational health and sentry duty (OHS). The main apparatuses of the state for employment relations atomic number 18 state and federal government departments, agencies, tribunals and courts (Loudoun, Mcphail & Wilkinson 2009). At federal level, the functions of a number of existing agencies and tribunals testament be brought together in 2010 under iodin body know as Fair Work Australia (Loudoun, Mcphail & Wilkinson 2009).Also there are some former(a) organisations like Australian Industrial Registry, Work Choices, and National Employment Standards and so on. This essay allow for analyse deuce key arguments to explain wherefore the state should stay in the employment relationship. Firstly, this ess ay will designate this topic from the issue of favouritism in Australia including age discrepancy, sex discrimination racial discrimination and so on.In the case of Australia, comprehensive, albeit fragmented, anti-discrimination legislation has been enacted which prohibits the use a wide range of criteria in either and all aspects of employment decision-making, including recruitment, selection, training, payment and separation (Bennington & Wein 2000). Secondly, this essay will put up the support of occupational health and safety (OHS) to prove the state should stay in the employment relationship.According to the Australian Bureau of Statistics, a work related injury survey indicated a 53 out of every 1000 workers had experience some sort of injury or illness in the workplace (Alice 2012). Overall, this essay will make a conclusion combine these dickens main points to argue that the state should stay in the employment relationship. Norris (as cited in Loudoun, Mcphail & Wil kinson, 2009, p. 225) states that discrimination occurs where members of one group of people are denied opportunities to develop their capabilities and denied equal rewards for equal capabilities.In Australia, there are several kinds of discrimination such as age, gender, racial and disability. For these discriminations, the state enacted a range of anti-discrimination legislations which are supported by the federal human race Rights and Equal Opportunity Commission (HREOC) such as Age dissimilarity Act 2004, Sex Discrimination Act 1984, Racial Discrimination Act 1975 and impediment Discrimination Act 1992. Age stereotyping appears to affect older people, whose slip receives much less attention than the problem of youth unemployment (Encel 1999). In Australia, age discrimination in working environment is alive and well.Research by Macdermott (2011) state that some state and territory legislation dates back almost two decades, and in 2004 the Australian Government enacted specific legislation outlawing age discrimination which is Age Discrimination Act 2004. By now, it has been ope strayd for eight long time and prohibits the discrimination on the basis of age. Recent research vindicates this prediction, demonstrating that women at all levels of watchfulness still report gender discrimination as a breastwork to their advancement in Australia (Metz & Moss 2008). The gender pay gap is also reflected in the low numbers of women in leadership positions (Goward 2004).Therefore, the state enacted Sex Discrimination Act 1984 to assist the government for this issue. Under the Sex Discrimination Act it is unlawful to discriminate on the basis of gender, marital status, pregnancy and family certificate of indebtedness (Loudoun, Mcphail & Wilkinson 2009). Racial discrimination includes race, colour, touch sensation and national or ethnic origin. Australia is a multicultural country a large number of people are from different countries. They have different cultural background like language, race, colour, belief and so on. Therefore, the racial discrimination has become one of the most adept discriminations in Australia.For prohibiting it, Australia government legislate the Racial Discrimination Act 1975. disablement has many forms. According to Brazenor (2002), a disability is defined as any limitation, restriction, impairment has lasted or is likely to last six months. Loudoun, McPhail & Wilkinson (2009) also indicated that the unemployment rate for those with a disability (8. 6%) was higher than those without a disability (5%). The Disability Discrimination Act 1992 has already operated in many areas for several years and protected the rights of people who are disabled.Another prominent explanation for why the state should stay in the employment relationship is the health and safety. Mayhew and Peterson (as cited in Loudoun, Mcphail & Wilkinson, 2009, p. 257) defined OHS as the physical, physiological and psychosocial conditions of an o rganisations workforce, related to aspects of work and the work context. Health and safety is an employers duty that overrides all other care responsibilities. The role of effective OHS management is to improve OHS conditions and reduce risks that exist at a workplace (Loudoun, Mcphail & Wilkinson 2009).There are a lot of psychological and physical hazards in the workplace such as stress, chemical and biological agents and so on. For the OHS issue, there are two main parts of laws in healthy regulation in Australia. Firstly is the Common Law. It is made by strain or court based on precedent. Under the Common Law, it involves brutal Law which is initiated by the state and Civil Law that is initiated by an individual. The cooperate part is the Statute Law which is made by the parliament. There are two main bodies of statute law in health and safety including Workers Compensation Law and Health & Safety Acts.The Workers Compensation Law aims to provide system of financial protecti on for all employers who suffer injury, illness or death due to work-related injury. The employers will get paid even if it is not their faults. About the Health and Safety Acts, Its aim is to prevent workers being injure in the first place. However, the key concept of duty of care emerged in common law, not statute law. In conclusion, because of the state makes roles for the employment relationships and protects the employee and employers rights, the state should stay in the employment relationship in Australia.This essay provided two key arguments to explain and prove the topic which were the discrimination and OHS in the workplace. For the discrimination in employment relationship, the state enacted a serious of Acts including Sex Discrimination Act, Age Discrimination, Racial Discrimination and Disability Discrimination Act. On the other hand, the state made a number of laws such as Common Law and Statute Law for the OHS issues in the workplace. Both two arguments are all releva nt to todays Australian workplace and expose concerning questions regarding the future.