Smantha,Donocan.2013.”Fair Work Launches Crackdown on unpaid work” ABCNEWS,Febuary 2.
Word count for part A : 813
PART A – Media report analysis (8 marks)
1. Identify aspects of your chosen media report that relate to the law
This media report is about the unpaid wrok in Austalia, and how Fair Work launches crackdown it.
There are some aspects that relate to the contract law, especially when company hiring staff under a contract. Andrew Stewart(2013) piont out that it is ok for unpaid work if you are doing work experience as part of an authorised educational traning course. On the other hand, the workers should get paid because they should get something in return due to the employment contract.
In this media report, obviously that the young graduates and internships are not doing experince as traning course. So this is breaking the contract law according to Fair Work Act as Porfessor Stewart(2013) has mentioned.
Therefore, the agreement between companies and workers is an example of contract.
The unpaid work is also concerning civil law. The workers should have right to get paid while they are working for the employers.
As an internship, it is for employers to see whether they have the abilty to work here or not, it should under a short period. In contrast, this report has shown that the young graduates and internships are doing unpaid work for long time, As a result, this is breaching employers’ duties( pay for workers) and also took away the right from workers which is the right to get paid.
2. Demonstrate how the law functions in these various ways with reference to specific examples.
(i) Allows people to organise and plan
The contract law a great illustration of allowing people to organise and plan what they want to do.
The most simple example of this in the report is how employers hire the staff. The contract allows them to hire the staff whoever they want, in this report, it apply to those employers who hired the young graduates and internships. That's what they plan to do. After they have seen this report or because of the Fire Work’s crackdown, they may organise to starting give wages to those workers. As we can see from this example , the law allow them to organise and plan their own companies.
(ii) Encourages or discourages particular activities
At this point ,we can see this report point out” the unpaid job trials and free internships are illegal.”
What is illegal? illegal means that it is forbidden in the law, According to the Fair Work Act, it courages the people from doing free work experience as prart of an authorised educational traning course and strongly discourges of unpaid work.
(iii) Creates rights and duties that can be enforced.
It is ok of unpaid work experience before, but after the Fair Work Act, they employers have to pay the minimum wages to the workers at least according to labour law. So labour law created a duty for employers that they have to pay a certain amount wages to workers, and it also created a right for workers to