Fair Work Research Articles

Stripping back the mask: Working conditions on digital labour platforms during the COVID-19 pandemic.

Digital labour platforms have been widely promoted as a solution to the unemployment crisis sparked by the COVID‐19 pandemic. However, the pandemic has also highlighted the harms to gig workers—who are exposed either to income loss, or to infection while carrying out essential work, but excluded from labour protections. We examine the COVID‐19 policies of 191 platforms in 43 countries to understand how the crisis has shifted the conventions of the gig economy. Using a typology of “fair platform work” we report the introduction of some positive worker protections, but also significant shortfalls, including entrenchment of precarious work as platforms leverage the opportunities arising from the crisis.

Danger, keep out! Trade union rights of entry during the COVID-19 pandemic

ABSTRACT The closures and restrictions imposed at workplaces around Australia in response to the COVID-19 pandemic have raised unprecedented issues for trade unions seeking to exercise rights of entry in accordance with Part 3–4 of the Fair Work Act 2009 (Cth). Section 491 requires that union officials seeking to exercise a statutory right of entry comply with any ‘reasonable request’ by an occupier about an occupational health and safety (OHS) requirement that applies to the premises. This had led to disputes about the appropriateness of requirements imposed by employers to mitigate the risk of COVID-19 infection and transmission. This paper will discuss three recent Fair Work Commission (FWC) decisions which consider the reasonableness of requests limiting entry to premises in this context. Although the cases had different outcomes, the FWC’s findings demonstrate how an employer’s OHS obligations relating to COVID-19 will be weighed against the objects of Part 3–4. Overall the FWC has taken a practical and nuanced approach to such disputes, and expected some cooperation between employers and unions. The limited scope of these decisions does, however, leave some questions relating to rights of entry during the pandemic unanswered.

Modelling the factors affecting Quality of Life among Indian police officers: a novel ISM and DEMATEL approach

BackgroundThis study examines quality of life (QOL) of a sample of police officers in India. The concept of QOL includes well-being, social obligations, relationships of a person, and his association with environment. The study examines the factors on which QOL of police officers depend and their relationships with each other. The issues linked with QOL are important because they directly affect the individual's ability to maintain a healthy lifestyle and affect organizational performance in the long run. This study explores relevant factors that have an impact on the QOL of the employees of police department in India. MethodIn this paper, literatures review, ISM, MICMAC, and DEMATEL methodology have established eleven factors that impact the QOL of police officers in India. Mutual relations between factors have been established using the ISM approach to develop a model to represent these relationships. DEMATEL methodologies were used to analyze these factors. ResultsResults indicate that “fair compensation, work overload, workplace safety, and job stress” are the top-level factors that affect QOL of police officers. ConclusionThe identification of factors and their mutual relationships that affect QOL are important for police officers and have to be dealt with according to their order of importance. The research model developed in this study shows how the factors of police officers' QOL are interrelated and presents the interrelationships among these factors. A comprehensive model depicting the relationships among these factors has been established, so that the QOL of police officers can be improved.

Balancing is a necessity not leisure: a study on work–life balance witnessing healthcare sector of Pakistan

PurposeThis study aimed to examine the direct impact of work–life balance on employee retention and turnover intentions among doctors in Pakistan. Further, it also aimed to test the mediating role of job satisfaction on these relationships.Design/methodology/approachThis study's data were collected from 394 doctors working in public hospitals in Pakistan, using survey-based questionnaires and stratified random sampling technique. For data analysis, structural equation modelling was utilised to investigate the direct and indirect associations among the variables, while Statistical Software for the Social Sciences (SPSS) was used for data management.FindingsWork–life balance was found to have a positive association with employee retention and a negative association with turnover intention. Results suggest that a fair work–life balance is a significant predictor of employee retention and turnover intention. Also, job satisfaction significantly mediated the relationship between work–life balance and employee retention and between work–life balance and turnover intention.Research limitations/implicationsThis study's focus was limited to doctors working in public hospitals. Thus, future research can extend the scope to other segments such as nurses, paramedics and pharmacists from both public and private organisations.Practical implicationsHuman resource (HR) executives can improve employee retention and turnover intentions through strategic implementation of work–life balance practices. Policymakers should stress upon hospitals to implement favourable working hours that are satisfactory to employees to reduce turnover intention.Social implicationsIn the healthcare industry, suitable work–life balance strategies will help improve employees' lifestyle, which will positively impact their family and social relationships.Originality/valueThis study is expected to contribute to the existing healthcare literature in the context of Pakistan by explaining the process by which work–life balance affects employee retention and turnover intention. Specifically, job satisfaction is the mechanism that explains these relationships.

Mapping employee involvement and participation in institutional context: Mick Marchington's applied pluralist contributions to human resource management research methods, theory and policy

AbstractOur paper examines how the work of Mick Marchington integrated older forms of employee participation with newer patterns of employee involvement. The paper shows how Employee Involvement and Participation (EIP) is central to contemporary Human Resource Management (HRM) in four distinct ways: first is the ‘theoretical’ integration of pluralism into newer HRM approaches; second is the ‘practical’ insights gained from what was happening at organisational level; third is the contributions to ongoing ‘policy debates’ about fair work; and finally, his emphasis on ‘context‐sensitive methods’ link macro, meso and micro developments. We refer to three specific projects and related periods: a Department of Employment funded project during the late 1980s and early 1990s which developed the waves and escalator concepts of EIP; a Chartered Institute of Personnel Development project concerned with employee voice and management choice in the 2000s, which gave insight to multiple meanings of EIP and strategic choice; and research concerned with the notion of fair voice from comparative cases studies across different liberal market economies from 2008 onwards. By reflecting on these research projects and periods we present a potential framework that offers continued longevity for the future study of HRM.

The Interplay Between Poor Sleep and Work-Related Health.

ObjectivesSleep disorders can arise from work. Employees who experience work overload are more likely to develop sleep problems. Poor sleep leads to decreased performance, sick leave, and accidents. Therefore, sleep disorders may be linked to workplace hazards as well as decreased occupational health, however, the relationship remains unknown.MethodsThis relationship was examined using secondary data analysis of aggregated survey data from 97 companies based in Germany between 2003 and 2020 as part of Workplace Health Management project. Two extreme groups with respect to sleep problems were analyzed (N = 4,865 + 9,795). The survey “Diagnosis of corporate health” contained 137 individual questions which recorded all relevant working conditions, aspects of health, and one question relating to insomnia traits. A one-way analysis of variance was used to examine whether and to what extent the potentials, hazards, and health aspects differed between employees depending on their perceived sleep problems. In addition, multiple linear regressions were used to determine whether and to what extent work characteristics affect various health aspects for both good and poor sleepers.ResultsIn total, 49.7% of staff reported moderate difficulty falling and/or remaining asleep. These poor sleepers perceived all health potentials worse than good sleepers, especially on scales such as fair assessment, work climate, and learning at work. Furthermore, poor sleepers perceived health hazards (physical environmental stress, job insecurity, and time pressure) more whilst positive health indicators (joy of work and confidence) were perceived less.ConclusionOverall, the determination of sleep difficulties could be used as a substantial health indicator. Also, these sleep problems are reported more frequently in certain occupations compared to others, which could mean that the perception of sleep health varies between professions. Therefore, it is important to implement specific recommendations for each industry in order to improve working conditions for poor sleepers which in turn, improves their health.

Inclusive Leadership and Employee Proactive Behavior: A Cross-Level Moderated Mediation Model

PurposeThe proactive behavior of employees is one of the key determinants of organizational development in a rapidly changing business environment. While much attention has been paid to the antecedents of employees’ proactive behavior, little is known about the mechanisms that influence their psychological state and work behavior. The aim of this research is to investigate the relationship between inclusive leadership (IL) and proactive behavior, along with mediating role of employee trust and the moderating role of procedural justice climate.MethodsThe data were collected from 40 independent project teams from 30 companies in China, and the hypotheses were tested on 304 available samples, followed by the null model to conduct the cross-level regression analysis.ResultsThe results indicated that IL significantly affects the employee proactive behavior, in which employee trust played a mediating role. Moreover, procedural justice climate respectively moderates the positive relationship between IL and employee proactive behavior, and the positive relationship between IL and employee trust.ConclusionIL not only provides emotional support to increase employee trust but also inspires subordinates with a non-active personality to take initiative. Team-oriented organizational structures should promote procedural justice measures to create a trusting and fair work environment that more effectively furthers the effectiveness of IL on positive work behaviors of employees.

DOES PERSONALITY MODERATE THE ORGANIZATIONAL JUSTICE AND JOB SATISFACTION RELATIONSHIP?

Examining the role of personality in the relationship between organizational justice perception and job satisfaction might be crucial to improve organizations’ performance levels. The aim of the present study is, therefore, to investigate the moderating effect of personality factors on the relationship between organizational justice perception and job satisfaction. In total, 392 (218 female; 174 male) employees participated in the study. The mean age of the participants was 33.12 and the mean of experience was 116.46 months. The majority of the participants are healthcare professionals, academicians, engineers and teachers. The participants completed the Organizational Justice Scale, Job Satisfaction Index, Big Five Personality Inventory and demographic information form. The moderated regression analyses were conducted by using the Hayes PROCESS macro for SPSS. In all analyses, gender and age were entered as the control variables since they had correlations with the main study variables. Results indicate that types of organizational justice are predictors of job satisfaction and personality factors serve as moderators of the relationship between perceived organizational justice and job satisfaction. Among the personality factors, only neuroticism did not have any moderating effect. The findings might be considerable to draw attention to the necessity of managers to apply different strategies for their employees with different personality traits in order to provide a fair work environment for their employees and to increase their job satisfaction.

Addressing inequality: The impetus behind the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth)

While this article commences with apologies issued on 8 February 2022 in the Commonwealth Parliament in respect of alleged sexual harassment, workplace bullying and sexual assault, its focus is on the drivers behind and implications of the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth). Both flowed from reviews conducted by the Federal Sex Discrimination Commissioner, Kate Jenkins, and both were propelled by a need to address historical deficiencies and inequalities in workplace practice and culture leading to what is described now by the leader of the Opposition as ‘unsafe’ and ‘disrespectful’ workplaces.

Prevalence and associated factors for workplace violence among general practitioners in China: a national cross-sectional study

BackgroundGeneral practitioners (GPs) were at risk of violence in their everyday working lives. Workplace violence (WPV) among GPs is a global public health concern. This study aimed to investigate the prevalence and factors associated with WPV among GPs in China.MethodsA cross-sectional study was conducted among 4376 GPs in eastern, central, and western China between March and May 2021 using a structured self-administered questionnaire. The multivariable stepwise logistic regression model was used to examine the factors associated with WPV among GPs in China.ResultsAmong these respondents, 14.26% of them reported exposure to WPV in the past 12 months. GPs who were female, practised in a rural area, made home visits occasionally, worked in a fair or good practice environment or work environment, and had a fair or good relationship with patients were less likely to encounter any type of WPV. In addition, GPs who served patients over 20 per day and worked overtime occasionally or frequently were more likely to be exposed to WPV. The determinants of WPV varied in different types of WPV and sexes.ConclusionsThe prevalence of WPV among GPs is low in China. Our findings could inform the measures to reduce the WPV among GPs.

A Fair Deal? Justice in Dismissal in Australia

Against the historical backdrop of some protection against unfair dismissal at State level, this article explores the chequered path to ‘a fair go all round’ in Federal unfair dismissal protection for employees in Australia, initially through awards (and the foundation laid by the federal industrial tribunal) in 1984 to legislative provisions enacted by the Federal Parliament in 1993. The vicissitudes of the Federal statutory unfair dismissal regime are scrutinised: first its virtual dismantling by a conservative government in 2005 and then its revival by a Labor government in the Fair Work Act 2009 (Cth). The article analyses the nature of the unfair dismissal jurisdiction legislatively conferred on the industrial tribunal, protecting employees against ‘harsh, unjust or unreasonable’ dismissal. It argues that, while there is no clamour by employers or unions for a major overhaul of the unfair dismissal laws, legislative reform is required to promote more vigorously a ‘fair deal’ for Australian workers, especially for currently excluded categories of workers (such as gig workers and dependent contractors), and to improve access to justice in dismissal.

The influence of ‘soft’ fair work regulation on union recovery: A case of re‐recognition in the Scottish voluntary social care sector

AbstractThis longitudinal case study contributes to debates concerning how ‘soft’ and ‘hard’ forms of regulation can interact to contribute to the advancement of worker rights. More specifically, the article explores the contribution of Scotland's soft fair work (FW) programme and the UK's hard statutory recognition procedure to union re‐recognition in a voluntary sector social care provider. In combination, hard and soft regulations are found to have added breadth to the pressures for re‐recognition exerted by the union, bringing reputational and financial costs associated with derecognition to the employer. Concerns nevertheless arose regarding the depth of impact from this interaction due to union compromises on key issues in the final recognition agreement. Due to the specific public service context of the study, doubts are also expressed regarding the potential for unions in other hard to organise sectors to achieve similar outcomes.

Religious Freedom and Job Security

Debate on the need for new anti-discrimination laws to address religious discrimination continues in Australia. Claims for greater protection for freedom of religious expression present particular challenges for employers who bear responsibilities to maintain psychologically safe and healthy workplaces for all their employees. The present ‘general protections’ against discriminatory treatment in the Fair Work Act 2009 (Cth) do not adequately deal with complaints of discrimination, largely because of the ease with which employers can excuse adverse action on the basis of their own workplace policies. However, the proposals in the Religious Discrimination Bill 2019 (Cth) go too far in seeking to address that weakness. We propose that an alternative model for balancing the respective interests in workplace disputes of this kind would be expanding the workplace bullying and unfair dismissal jurisdictions of the Fair Work Commission, to enable these kinds of conflicts to be managed in a proportionate and balanced manner.

Major court and tribunal decisions in Australia in 2021

This 2021 annual survey of Australia's significant court and tribunal decisions spans five key areas. First, the focus is on the High Court's clarification around how employment status is to be determined. Secondly, it examines decisions that have continued to arise out of the Coronavirus pandemic with respect to dismissals stemming from mandatory vaccination policies, an employer's liability in respect of an employee's death caused by Coronavirus, as well as a series of cases involving Australia's major airline, Qantas Airways Ltd (Qantas). Thirdly, consideration turns to developments in general protections and the first application for a stop sexual harassment order made to the Fair Work Commission. Fourthly, it reviews recent decisions concerning out-of-hours conduct and connection to employment. Finally, decisions giving rise to record penalties for contraventions of the Fair Work Act 2009 (Cth) (FW Act) are evaluated.

Conjunctions of resilience and the Covid-19 crisis of the creative cultural industries.

This article compares the conjunctions of emergency resilience and ecological resilience that underpin the creative cultural industry (CCI) crisis. It first introduces three characteristics that socially construct the CCI crisis and its hegemonic practice of emergency resilience (time, disaster discourse, and the adaptation of aesthetic digitalization) and exposes multiple discourses – from the technologies of cultural statistics to corporate financial modelling – that construct an ideology of ‘resilience-as-deficit’. In contrast to this approach, the article develops three characteristics of ecological resilience: a focus on transition and the long term; resilience as a decentred strategy and networked resource; and aesthetic digitization as a radical praxis of adaptability. Examining arts impact and cultural policy reports, drawing on ecological, feminist and cultural resilience studies, and analysing a digital cultural event in Asia (the Singapore LGBT cultural festival, Pink Dot), the article argues that ecological resilience offers new capacities towards a cultural ecology that can nurture fair work, artistic innovation, economic growth and cultural vitality.

Addressing gender discrimination in Vietnam's light manufacturing industry: What role for labor law?

This paper explores women workers’ experiences of gender discrimination at work in Vietnam and whether labor law might enable them to challenge discriminatory practices. Interviews with workers reveal how discrimination is generated and entrenched through seemingly neutral workplace rules and culture. The coercive and intensive nature of assembly work has deterred or prevented working mothers from enjoying fair and decent work. Survey findings on female workers’ mobilization of the law suggest that women who have experienced discrimination in the past are less inclined to choose a legal means when faced with future discrimination. In most cases, women would choose not to take any action or opt for a non-legal means to raise their voices. In conclusion, even though women workers in general do not consider law a potential tool to tackle discrimination, they have absorbed and appropriated the language of the law to make sense of unfair practices at work.

Digital togetherness as everyday resistance: The use of new media in addressing work exploitation in rural areas

The literature on spatial-temporal barriers shows that temporary migrant workers are vulnerable to exploitation and has concentrated on how they utilize new media to address underpayment and exploitation. These studies, however, have left unexplored the agency, temporality, and spatial considerations that underpin why workers prefer to activate “informal” mechanisms of complaint rather than accessing “formal” channels of redress, such as the Fair Work Ombudsman or labor unions. Using Working Holiday Makers in Australia as an example, this article focuses on digital togetherness generated through new media. I argue that digital interactions on new media platforms not only change the spatial-temporal limit of temporary migrant workers, but also create digital togetherness and connect workers with different imagined others (customers, arriving migrant workers, and workers who are facing exploitation). This connection can become an everyday resistance strategy, a remedy to space–time limits, and potentially challenge asymmetrical power relations between workers and employers.

Offline contexts of online jobs: Platform drivers, decent work, and informality in Lagos, Nigeria

SummaryMotivationThe Sustainable Development Goals targets include decent work for all by 2030 but progress in sub‐Saharan Africa has been slow. Over the past five years, the platform work sector (e‐hailing platforms in particular) has expanded considerably on the continent, providing work opportunities to the growing urban populations. The quality of this work, however, is heavily contested.PurposeWe deepen and extend our understanding of the gig economy in sub‐Saharan Africa and assess its potential for creating decent work. Our unique contribution lies in looking at the gig economy in comparison to the local threshold (the informal economy) as opposed to wage employment.Methods and approachWe first review the literature on the gig economy, the informal sector, and decent work in low‐ and lower‐middle‐income countries. We then draw on a case study of e‐hailing in Lagos, Nigeria, to assess the sector’s potential to create decent work. We discuss our findings against the four pillars of the International Labour Organization’s Decent Work Agenda: productive employment, labour standards, social protection, and social dialogue.FindingsWe find that e‐hailing platforms may offer certain gains compared to regular taxiing in the informal sector but these are context‐ and platform‐specific. Examples include access to insurance, credit, and cash transfers. Gig work remains embedded in the informal economy: it is unregulated and does not abide by labour standards nor offer social protections. We also find evidence of well‐organized labour movements.Policy implicationsE‐hailing may be productive work, as platform intermediation facilitates outreach and matching, translating into increased wages. This happens with the added cost of longer working hours in the absence of labour standards. We propose exploring the role of digital records kept by platforms (e.g. income volume and regularity, or customer ratings data) to facilitate the progressive transition of transport workers towards formality. We also recommend fostering industry standards (such as fair work certification) to protect workers’ rights.

An Improved Approach for Load Balancing among Virtual Machines in Cloud Environment

Cloud computing has shown noteworthy evolution in information technology. Users can enjoy various services of cloud technology only if internet connection is available. In cloud computing, load balancing considered as a fundamental issue that has confronted researchers in this domain. Load balancing basically works by allotting fair and efficient work among computing resources which ultimately achieve high user satisfaction and raises systems productivity. Many load-balancing techniques made efforts to resolve this problem using metaheuristics algorithm, and amplify the operation and efficiency of systems. In this paper, existing load balancing techniques has been discussed and research gaps in existing lirture hasbeeb discussed. Also a new technique has been proposed called IG-GWO - Inquisitive Genetic Grey Wolf Optimization algorithm using combination of Grey wolf optimization (GWO) algorithm and Genetic algorithm.

Termination of Enterprise Agreements Under the Fair Work Act: A Systematic Document Analysis

Termination of Enterprise Agreements Under the Fair Work Act: A Systematic Document Analysis