Employment Practices Research Articles

Avoiding collective bargaining under the Fair Work Act 2009 (Cth): making collective agreements without unions and the impact of recent reforms

ABSTRACT Non-union collective agreements are central to the architecture of the Fair Work Act 2009 (Cth) (FW Act). This legislative architecture has facilitated the practice of employers creating single-enterprise agreements with their employees with no negotiation or bargaining and no involvement of unions, and in circumstances where employees have been denied the benefit of receiving safety net modern award pay and conditions, sometimes for decades. The paper explores the impact on the creation of non-union agreements of recent legislative amendments to the FW Act. The paper argues that the amendments were designed to expand the coverage of collective agreements by seeking to overcome problems with the operation of collective agreement-making and introducing new forms of multi-employer agreement-making, in which unions play a more central role. Unions have been active in using the legislative amendments in a number of respects. However, despite some positive outcomes, the lack of changes to the underpinning architecture of the Act means that employers are still able to avoid unions and use non-union agreements to undermine the terms and conditions negotiated in union agreements and set out in minimum standards. These problems will continue until the FW Act is changed in more fundamental ways.

Legal support for inclusiveness and equality for transgender employees

Transgender people in Ukraine face a lack of attention to their rights from both society and the law. To uphold the values of the rule of law, which ensures equality and dignity of all citizens, and to ensure compliance with international human rights standards, it is necessary to analyse the legal protection of their labour rights. The following methods were used in the study: dialectical technique, formal logical and systemic methodologies, formal logic, systemic technique, formal legal approach, comparative legal technique, and modelling method. The purpose of the study is to examine the current state of legislation and employment practices for transgender people to develop recommendations for improving the protection of their labour rights and supporting inclusiveness and equality in the workplace.

고령자의 구직 여정: 질적연구 접근

Despite the significant number of older adults in South Korea seeking employment for livelihood maintenance, researchers have not given sufficient attention to elderly workers, and studies on their job search experiences remain scarce. This study draws on a self-regulation perspective on job search models to explore the job search patterns and internal experiences of older job seekers, aiming to gain a deeper understanding of their experiences during the job search process. We conducted a qualitative study based on in-depth interviews with 11 older job seekers in South Korea. The results indicate that older job seekers face disadvantageous job search environments due to age-discriminatory employment practices, intergenerational job competition, and limited access to information. These factors seem to restrict their employment options both qualitatively and quantitatively. Older job seekers, desperate for employment to maintain their livelihood, experience anxiety during the job search process but persist through self-regulation strategies. Even after gaining employment, they struggle with job insecurity and vulnerability. In response, they employ various emotional and cognitive regulation strategies, including self-blame, cognitive reappraisal, and downward comparison. However, upon job termination, they repeatedly return to the disadvantageous job search environment, creating a cyclical process.

Documenting the research experiences and employer support needs of library and information science practitioners

This paper presents results of a survey of library and information science (LIS) practitioners, which explored their research activities and the support needed from employers for research collaborations and dissemination of results. Findings show that while LIS practitioners are actively engaged in research, there are significant gaps in the available supports offered by LIS employers across different library sectors. Dedicated time for research is limited, particularly in public libraries, for example, but when practitioners receive dedicated time, their research engagement and dissemination activities increase. The study also found that the type of LIS service significantly affects practitioners’ dissemination activities, with those working in national, state and territory libraries and special libraries, disseminating significantly more research results than practitioners working in other types of libraries. The findings point to a potential risk of a research dissemination divide in the Australian LIS sector, where the study was conducted. The study recommends enhancing the value placed on both conducting and sharing research related to employment or professional practice, to have a positive impact on library services and local communities. Encouraging presentations at conferences was identified as a valuable first step towards increasing LIS practitioners’ engagement with sharing research results, generally and writing up results for publication. Overall, these findings highlight the need for greater employer support and more targeted efforts to promote research engagement and dissemination among LIS practitioners.

Why the Construction Trades Have a Valuable Role in Meeting the Climate Challenge

The construction industry accounts for 18 per cent of Canada’s greenhouse gas emissions. There is extensive evidence that this can be reduced significantly by implementing aggressive net zero building practices. However, the way the industry is organized impedes this achievement because it fails to promote the development of a broadly based, highly qualified, climate-literate workforce. Successful low carbon construction requires enhancement of workers’ knowledge, skills, and competencies because it requires much higher energy performance standards than traditional construction practice. Yet the industry remains wedded to the current system of low-bid, low-quality construction to cut costs. The organization of much construction work reflects a Taylorist approach, with extensive piecework and subcontracting that relies heavily on precarious, unskilled, and semi-skilled workers. Most employers avoid investing in trades training, leaving it to governments, unions, and individual workers to fund workforce development. Committed to a deregulated market with minimal government interference in their profit-making activities, many contractors oppose tougher building and energy regulations while lobbying against higher labour standards, occupational certification requirements, and union organizing. To meet their net zero targets, governments must recognize that market forces are inadequate to create the well-trained, highly skilled workforce needed. Major policy interventions are required to force industry to make the necessary changes in vocational education and training (vet) and employment practices – changes designed to upskill the construction workforce and give workers and unions a greater voice in shaping climate-informed building practice.

Can a successor comparator be used in an equal pay claim under Section 6(4) of the EEA?

One of the purposes of the Employment Equity Act 55 of 1998 ('EEA') is to achieve equity in the workplace by promoting fair treatment and equal opportunity through eliminating unfair discrimination (section 2(a) of the EEA). Section 5 of the EEA obliges every employer to take steps to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment practice or policy. Section 6(1) of the EEA then prohibits unfair discrimination against employees on a number of grounds which includes an arbitrary ground. Van Niekerk et al state that sections 5 and 6 of the EEA contain a generally expressed obligation to promote equality through the elimination of unfair discrimination as well as the prohibition of unfair discrimination on a list of specified and other grounds (Van Niekerk et al Law@work (2023) 131). Du Toit et al state that the EEA proscribes unfair discrimination as part of its wider purpose of promoting employment equity (Du Toit et al Labour Relations Law: A Comprehensive Guide (2023) 766).- please remove 'et al' and list all the authors.

Continuity in public transport provision during the Covid-19 pandemic – responding to organisational and health challenges facing workers

PurposeThis paper explores and analyses the major challenges faced by both customer-facing and office-based public transport employees during the early stages of the Covid-19 pandemic and the responses of their employers to their concerns.Design/methodology/approachQualitative semi-structured interviews and focus groups were carried out, involving 39 employees and directors representing a wide range of professionals working in the transport sector in three European countries, Poland, Ireland and the UK. Data were analysed through thematic analysis and the emerging issues explored.FindingsMajor employee challenges included: access to resources for safe working; worker mental health and well-being; and the effects of changing working practices, particularly flexible working, on their wider household circumstances and work–life balance (especially combining childcare responsibilities with work). First, physical health safety measures (such as PPE) were put in place for all workers, although sometimes with delays. Second, concerning practical support for mental health and well-being at work, the findings highlight that their employers’ practical support was considered limited by some customer-facing participants. In contrast, participants working from home were offered considerably greater employer support for their well-being, including increased and regular communication regarding work and non-work-related topics to tackle isolation and lack of social interactions. Third, work–life balance, and especially childcare were significant issues for those working from home. To improve organisational resilience, employer support for workers needs to better reflect employees’ job role, work setting and location, as well as their household demands such as childcare.Practical implicationsThe lessons learned from this study contribute to future employer responses and practices and their organisational resilience, both in times of major crises and also for improving mental-health and childcare support in normal times.Originality/valueThe study considers the role of employee perspectives on organisational resilience and service continuity in public transport during a crisis and in three countries. Importantly, the data were gathered contemporaneously during the early stages of the pandemic, and so are not influenced by retrospective rationalisation or uncertain recollections.

Participatory research with youth with disabilities: Experiences from sub-Saharan Africa.

Disability inclusive youth research, involving youth with disabilities in the design, implementation and dissemination of study data, is still limited in Africa. To describe and reflect on the experiences of involving youth with disabilities in an exploratory research study, focused on disability-inclusive education and employment in 7 African countries. 12 youths with different impairments, aged 18 to 35, were employed as researchers in Ethiopia, Ghana, Kenya, Nigeria, Rwanda, Senegal and Uganda. Youth researchers contributed to the data collection and analysis of interviews with 210 youth with disabilities. 24 youth advisors with disabilities formed two youth advisory groups (YAG) of 12 advisors each in the regional hub countries Ghana and Uganda. The YAGs met 4 times during the project and contributed to the study design, data collection, data analysis and dissemination activities. In addition, 4 workshops were held with the Ugandan YAG to develop a participatory film. Together with the youth participants, we reflected on the experiences of involving youth with disabilities and conducting research with, by and on youth with disabilities. We highlighted ethics and safeguarding, recruitment and representation, exploring experiences and data quality, participatory dissemination, accessibility, capacity building and networking as key areas of consideration and benefit in this project. Participatory research with youth with disabilities is feasible, enriching, and key to inclusive research that informs education and employment policy and practices. Lessons learned from youth involvement in a disability inclusive research programme, focused on education and employment in 7 African countries.

Harmonisation outcomes after insourcing services in South African higher education institutions

Orientation: The study was conducted in two higher education institutions that underwent insourcing and harmonisation of conditions of employment for support services.Research purpose: This study aims to determine how harmonisation shapes outcomes among support service labour in selected higher education institutions and to develop a management framework to harmonise conditions of employment following insourcing.Motivation for the study: The study capitalises on organisational complexities in higher education institutions that experienced insourcing of support services employees to address concerns assumed to be premised on historical exclusionary and exploitative employment practices. The study documents the experience and perceptions of institutional stakeholders in creating new knowledge on harmonisation following insourcing.Research approach/design and method: Employing a qualitative approach, 16 interviews were conducted with selected multi-level management and personnel directly involved in a harmonisation.Main findings: The study found tangible and intangible aspects, processes and other psychological perspectives on implementing harmonisation across employment levels. Furthermore, it was found that an efficient and effective harmonisation framework is required. Effective harmonisation for inclusion was viewed as being compromised by factors such as government intervention, and a lack of policy, framework and legislation to guide the process.Practical/managerial implications: Practical recommendations are provided for implementing harmonisation strategies following insourcing across employment levels in South African higher education institutions.Contribution/value-add: The study contributes to novel theory on harmonisation after insourcing and provides a management framework for harmonisation of conditions of employment.

Portuguese Households on a Tightrope: Income Vulnerability during the COVID-19 Pandemic

During the COVID-19 pandemic, the Portuguese government implemented emergency fiscal measures to protect incomes. Despite these efforts, Portugal’s poverty rate increase in 2020 was the steepest among all European Union member states. The present article maintains that the prevailing labor market institutions limited the impact of the pandemic-related emergency measures. These institutions include social policies (such as low social benefits, minimum wages near the poverty line, and weak employment protection) as well as employment practices (such as precarious employment contracts and low wages). Established institutions increased households’ vulnerability to poverty and exacerbated the GDP/poverty nexus. JEL Classification: A120, B520, I380, N340.

Transformation of the Rural Nonfarm Economy During Rapid Urbanization and Structural Transformation in Developing Regions

This article reviews the past 25 years of empirical research on the rural nonfarm economy (RNFE) in developing countries; that literature has evolved in ways that track and mirror the rural transformation itself. Since 2000, rapid urbanization, structural transformation, and a sharp series of economic, climate, and disease shocks have influenced trajectories in the RNFE. It has grown to become, on average, the predominant source of income for rural households in developing countries. Both segments of the RNFE—activities linked to agricultural value chains as well as those unrelated to the agricultural sector—have grown. Understanding how each component of the RNFE influences rural incomes, employment, resilience, women, youth, and farming and natural resource management practices is, therefore, more important than ever.

Privilege and prejudice in private online English teaching: Discourses in school-owned recruitment websites

Abstract Numerous studies have analyzed various aspects of English language teaching to uncover discriminatory employment practices within the field. However, there is a gap in the research regarding the discourses present in school-managed teacher recruitment websites (TRWs), particularly in the field of private online language education (POLE). This study aims to address this gap by investigating how the preferred online English teacher is characterized and what benefits they are promised when visiting these webpages. Using critical discourse analysis, the author analyzed the textual elements of 32 TRWs of online English schools operating in six major markets in Asia. The findings reveal that although a few schools show signs of relatively fair policies and emphasize professional qualifications, most of them appear to exploit native-speakerism through their application requirements and compensation policies that often favor only some groups. The implications emphasize the benefits of creating equitable employment opportunities and professionalizing POLE by leveraging the qualifications and experience of teachers from diverse backgrounds, while ensuring fair compensation. Finally, this study provides practical strategies for present and prospective online teachers on how to take advantage of the opportunities of digital language work while contributing to the attainment of equity in the industry.

Exploring Social Worker Pay: The Role of Employer Practice Setting, Licensure, and Degree Type

ABSTRACT There is limited information about how the career choices of social workers, including attaining a license or advanced degree, influence earnings in the profession. This study explored predictors of earnings among recent social work graduates in Alabama. A block regression analysis explored the relationship among degree level, employer practice setting, licensure status, and earnings among 1,863 recent graduates attaining a bachelor’s or master’s degree in social work. Our findings confirmed that having an advanced degree is associated with increased earnings. Employer practice setting was the strongest predictor of earnings. Results provide valuable information about career choices and compensation structures for a growing profession.

The Impact of Decree 70/2023 on Labor Regulation and Industrial Relations in Argentina: A Legal and Economic Analysis

Decree 70/2023, issued by the Argentine government, addresses critical issues in labor and industrial relations amidst ongoing economic and social challenges. This study evaluates the decree’s impact on labor regulations, focusing on minimum wage standards, protection against unfair dismissal, and dispute resolution mechanisms. Utilizing a mixed-methods approach, both qualitative and quantitative analyses were conducted. Qualitative methods included legal document reviews and expert interviews, while quantitative methods involved assessing changes in wage levels, unemployment, and productivity. Key findings indicate that the decree’s increase in minimum wage aims to enhance worker welfare and stimulate economic growth, but poses challenges for employers, particularly small and medium-sized enterprises. Stricter procedures and improved compensation for layoffs are expected to reduce job insecurity and foster fairer employment practices, though these measures may raise operational costs and administrative burdens for businesses. Additionally, the new dispute resolution mechanisms, which emphasize mediation and arbitration, are designed to resolve conflicts more efficiently and transparently. However, consistent implementation and oversight remain critical challenges. The study concludes that while Decree 70/2023 represents a significant step towards better labor conditions and industrial relations in Argentina, its success will depend on rigorous enforcement and stakeholder cooperation. Further research should focus on the long-term effects of these regulations on Argentina’s labor market and economic stability, as well as continuous evaluation to refine these policies for optimal outcomes.

Collaborative activities and flexible working

Digitalization and globalization have radically affected work organization and interaction between workers in the course of performing job duties. Co-creation activity on digital labour platforms is a new phenomenon that has been little studied. The paper aims to explore collaboration as a driving force in the evolution of work organization patterns and investigates its main effects on the labour market. Theory of cooperation and organizational theory constitute the methodological basis of the study. The research methods used are evolutionary analysis, statistical and regression analysis. The empirical evidence is comprised of open data from the European Social Survey (ESS) Round 10 (2020/23). The study identifies the directions for altering the forms of collaborative activities: the key ones are associated with the enhancement of individual value, accumulation of human capital and a rise in worker autonomy. It is shown that organization of work, which is also undergoing significant changes, promotes flexible working practices. The empirical analysis indicates that high-frequency Internet use among self-employed workers significantly increases the probability of engaging in co-creation activities, particularly as education levels rise. The growing intrinsic motivation of participants to such activities leads to higher labour productivity. The findings highlight a critical issue regarding the lack of human resource management practices in platform employment. Designing a new (flexible) model of work organization aligned with the characteristics and effects of co-creation activities can serve as a promising direction for further research.

Development of the green policy strategies of enterprises: а decent work

This research examines the symbiotic relationship between the creation of green jobs within enterprises, economic growth, and the consequential reduction in CO2 emissions. It delves into the multifaceted advantages derived from integrating sustainable employment practices within businesses, emphasising their substantial contribution to fostering economic prosperity while concurrently mitigating adverse CO2 emissions. The main goals of this article are as follows: to study the experience of developed countries regarding the costs of their sustainable development strategies and the effects that have been achieved; generalise the main tools for ensuring decent work on the example of large companies, evaluate the relationship between reducing nitrogen dioxide emissions and providing green jobs. A comparison of financial instruments for maintaining green workplaces at enterprises in developed countries (USA, Norway, China, Germany, Sweden, and Poland) has been made. CO2 emissions reduction strategies, expenditure, funding, financing, and green jobs by countries have been analyzed. By investing in green initiatives and restructuring operational frameworks to prioritise sustainability, enterprises actively mitigate their carbon footprint, ultimately contributing to a greener and more environmentally conscious business landscape. This comprehensive study explores recent advancements in green job creation and renewable energy development in different countries of the world. The strategies of reducing CO₂ emissions by such companies as IKEA, Google, Unilever, and Tesla show not only positively impact the environment but can also be profitable for their businesses and guarantee decent work for their employees.

Navigating the Labour Market: Women Job Seekers’ Mobilisation of a Postfeminist Sensibility

Job seeking is a crucial yet overlooked process through which people navigate the world of work. Yet there remains limited qualitative research examining the complex and nuanced experiences of job seekers in a contemporary labour market. This article explores 38 interviews with job-seeking women in England, all of whom were interviewed over a six-month period. Using a postfeminist sensibility, findings revealed an oscillation between empowerment and success on the one hand, and disempowerment and perceived failure on the other, including wanting to: find the ‘right’ job, but accept any job; convey an authentic self but imitate what they think employers want; negotiate salaries, but accept pay cuts; emulate ‘successful’ behaviours, but experience doubt, uncertainty and negativity. This article contributes to the sociological practice of employment, identifying that through this oscillation, women experience a form of postfeminist precarity that starts from the outset of job seeking.

Please don't go: Gendered formal and informal tools for talent retention in hospitality from an organizational social capital approach

Hospitality sector is currently facing a “war for talent” because of the exodus of professionals after the pandemic. The aim of this research is to identify the presence of gender-specific employment strategies for retaining talent within the hospitality sector, from an organizational social capital perspective. Thematic analysis was conducted based on 31 in-depth interviews with managers from different-sized hospitality organizations (15 men, 16 women). Results shows that employment practices tend to focus more on attracting talent rather than retaining it. The study emphasizes how sector characteristics, especially company size, play a crucial role in shaping both formal and informal talent retention tools, emphasizing the need for gender-specific tailoring. Additionally, gender differences in fragile trust and associability could contribute to the adoption of talent retention methods for female and male professionals. The originality of this study lies in its gender perspective, which has not always been considered in previous talent retention research.

Investigating the Role of Political Messaging on Preferences for Local Food Products in the United States

AbstractThis study investigates whether wording a promotional marketing message as originating from the US government vs. the US president impacts consumers’ responsiveness to the message. Using a discrete choice experiment, it examines consumer responsiveness to President Biden’s order promoting domestic production. Results indicate that consumers are willing to pay a premium for domestically produced tomatoes, with variations based on political affiliations and product attributes like organic labeling and farm employment practices. However, findings on the significance of information treatment effects are mixed, suggesting that consumer responsiveness is unaffected by wording the message as originating from a broad political body vs. a specific politician.

So How Did We Get Here? A Historical Case Study of Migrant Employment in the New Zealand Hotel Sector

This article maps the transition from a corporatist to a neoliberal consensus in the hotel industry in New Zealand, focussing on the changing labour conditions for migrant workers. We show how the current vulnerabilities for migrant workers, such as poor pay and conditions, and low unionisation, came into being. While much “presentist” research takes migrant worker vulnerability in hospitality and tourism for granted, this article finds that migrant workers did not always experience such vulnerability but, rather, this was constructed over time. The impacts of employment legislation and ownership changes during the 1980s and 1990s were crucial. By taking a critical historical employment relations approach, we better contextualise the current moment of labour shortages, reliance on migrant labour and by “race to the bottom” employment conditions. This suggests that the drive for sustainable employment practices will remain “aspirational” until the power imbalance in New Zealand employment relations is addressed.