Advanced Studies in Industrial Relations docx.
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Added on 2020-02-18
Advanced Studies in Industrial Relations docx.
Added on 2020-02-18
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Running head: ADVANCED STUDIES IN INDUSTRIAL RELATIONSAdvanced Studies in Industrial RelationsName of the StudentName of the UniversityAuthor Note
1ADVANCED STUDIES IN INDUSTRIAL RELATIONSTable of ContentsSummary of the 7-eleven inquiry....................................................................................................2Critical analysis of any gaps in the Australian ER system in regards to the role of the unions andthe state............................................................................................................................................4Gap in the working conditions of the International students...........................................................5Gaps in Working Arrangement........................................................................................................6Human Rights Act...........................................................................................................................6Gaps in the Minimum wage.............................................................................................................7Implications of the FWO inquiry.....................................................................................................8Conclusion.....................................................................................................................................10Reference list.................................................................................................................................11
2ADVANCED STUDIES IN INDUSTRIAL RELATIONSSummary of the 7-eleven inquiryIn June 2014, the Fair Work Ombudsman (FWO) initiated an inquiry in theAustralia’s leading convenience retailer- 7 Eleven-Australia Pty Ltd with respect to theallegations relating to the significant underpayment of wages and distortion of employmentrecords that were taking place within the franchisee network 7-eleven. The investigationsconducted by the FWO disclosed the nonconformity with the Fair Work Regulations 2009 (FWRegulations) and the Fair Work Act 2009 (FW Act) which further revealed about the deliberatemanipulation of the records that the company underwent in order to disguise unemployment ofwages. The inquiry purported to identify whether the allegations with respect to serous non-compliance within the 7-Eleven store network was true. Under section 682(1) (c) of the FW Act,the FWO is empowered to inquire into any practice or act that may be inconsistent with the Act.The inquiry was commenced by the FWO in order to address and identify the drivers of non-compliance, and to examine the motivations of the participants of the workplace (Fair WorkOmbudsman, 2016). The inquiry was commenced to determine if 7-Eleven was involved in theunderpayment of wages by the franchisees and the falsification of employment records as wasalleged against the 7-Eleven. The inquiry was initiated since the intelligence and information gathered by the FWOrecognized a need to examine the operating model of the 7-Eleven’s network. The inquiry aimedat assessing whether the 7-Eleven head office and the franchise-operating model were involvedor contributed to unlawful behavior. It also aimed at ensuring whether the workers themselveswere involved in any non-compliance, even if inadvertently or reluctantly. In order address
3ADVANCED STUDIES IN INDUSTRIAL RELATIONSbroader non-compliance occurring in a business, network or supply chain, the inquiry was anecessity, hence, the inquiry was commenced with a view to establish the drivers of the non-compliance and propose recommendations that aimed at maintaining sustainable compliance(Fair Work Ombudsman, 2017). Findings of the inquiryAfter the inquiry, it was found that the approach of 7-Eleven with respect to workplacematters, while promoting compliance, it failed to address or detect any deliberate non-compliance. There were instances where it was found that franchises created misleading andfalse records with a view to satisfy the auditing and payroll regime of 7-Eleven while it persistedto underpay the employees. Further, the findings of the inquiry included the widespread exploitation of theinternational student visa holders who are working in the 7-Eleven stores across Australia. It wasfurther found that there was prevalence of undocumented migrant labor, which was relevant tothe plight of the international student visa workers at 7-Eleven. The issue of undocumentedmigrant labor is relevant to the vulnerability of the international student visa workers. Theinternational student are required to work for 40 hours a fortnight while they are studying butthey are often forced to work for 50 hours a week (Karp, 2016). There have been several instances, which establish that fact that 7-Eleven franchiseeshave either enticed or forced the international student workers to commit an infringement of theirvisa conditions by making them work for more than the stipulated hours under their visaconditions. Consequently, the additional portion of hours that the international students havebeen forced to work remained undocumented and they were never paid for the additional hours
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