Journal article
The vulnerable worker? A labor law challenge for WIL and work experience
Asia - Pacific Journal of Cooperative Education, Vol.14(3), pp.135-146
Australian Collaborative Education Network Annual Conference, 2012 (Melbourne, Australia, 29-Oct-2012–02-Nov-2012)
2013
Abstract
The Fair Work Act (2009) in Australia deregulates "work" in work-integrated learning (WIL) by distinguishing " vocational placement"from " employee". Following concerns about the legal position of WIL and work experience, the Fair Work Ombudsman (FWO) published a fact sheet and commenced a joint research project into unpaid work practices. Nevertheless, the student remains vulnerable to exploitation. This article examines, through the lenses of flexibility and worker protection, the labor regulation of WIL and work experience in Australia and the United States. In particular, the author argues that deregulation in Australia and the legal uncertainty surrounding work experience is inconsistent with the protective function of labor law. Drawing on this examination as well as Australian migration law, the author recommends that the Fair Work Act (2009) be amended to strengthen the criteria for "vocational placement" and to provide a definition of "work experience" in the interests of a balanced regulatory framework.
Details
- Title
- The vulnerable worker? A labor law challenge for WIL and work experience
- Authors
- Craig Cameron (Author) - Griffith University
- Publication details
- Asia - Pacific Journal of Cooperative Education, Vol.14(3), pp.135-146
- Conference details
- Australian Collaborative Education Network Annual Conference, 2012 (Melbourne, Australia, 29-Oct-2012–02-Nov-2012)
- Publisher
- New Zealand Association for Cooperative Education
- Date published
- 2013
- ISSN
- 1175-2882
- Organisation Unit
- School of Business and Creative Industries
- Language
- English
- Record Identifier
- 99703897902621
- Output Type
- Journal article
Metrics
66 Record Views