澳洲代写-澳大利亚的《公平工作法》分析

澳洲代写-澳大利亚的《公平工作法》分析。各组织必须维持某些规则和条例以及国家和国际立法，以满足各组织所需的人力资源。这些公司根据组织的需要招聘本地和外国的候选人，以满足组织的人力资本需求。由于澳大利亚的标准工资相对于其他国家来说是相当高的，所以公司，尤其是在澳大利亚经营的外国公司，打算招聘外国候选人来满足组织的人力资源需求(Arup, 2006)。通过这种方式，公司可以从印度、巴基斯坦、孟加拉国、菲律宾等发展中国家获得低成本劳动力，从而降低组织的运营成本。在这个问题上，澳大利亚有《2009年公平工作法案》(Cth)，根据该法案，所有在澳大利亚境内运营的组织都必须向员工支付体面的薪酬。然而，法律往往不适用于重要的案件，它在这里广泛讨论。

The Fair Work Act 2009 (Cth) delivers a balanced model or framework for cooperative, plus productive workplace relation to promoting the growth of national economy plus social inclusion for all Australian. According to Fair Work Act 2009 (Cth), the organizations operating in Australia have to fair working conditions, fair, relevant and enforceable least wages to the employees. The law enforced Australia to meet the international labour obligation. As per the Fair Work Act 2009 (Cth), the companies which are operating their business on Australian soil have to maintain the rules and regulations of the Fair Work Act 2009 (Cth) and provide their employees minimum wages and other statutory benefits as per the standard fixed for their respective jobs (Oppenheim, Jennings and Watts, 2008). As per the law, the minimum wages for the Australian labour is quite high and not much cost effective for the organization, especially, the foreign organizations which operate their business in Australia. In this context, there are many companies operating in Australia which intend to appoint foreign candidates to reduce the labour cost. Especially, the companies associated with the extraction of oils and natural gas are operating the sea shore of Australia, and the companies recruit the foreign candidates for reducing the labour cost, which is against the Fair Work Act 2009 (Cth). In this matter, the case of fair work ombudsman v Pocomwell Ltd is significant.

There are several issues in this case like there is the issue with the construction of the Fair Work Act 2009 (Cth) in respect of the international law. There are two questions regarding this law: 1) According to the international law, Fair Work Act 2009 (Cth) s 33 (1) (b) should be taken into account, thus it is not applied regarding employment conditions. 2) According to the international law ought to reg. 1.15E of the regulation be construed hence cannot be applied regarding the employment conditions. The Fair Work Act 2009 (Cth) is capable of using the employment conditions of the painters under s 33 (1) (b) of the FW Act, where every single rig at the material time was a fixed platform (Stewart, 2012). The Fair Work Act 2009 (Cth) provides the rights to the employees to get minimum payment as per the Australian Standard.

The Fair Work Act 2009 (Cth) provides the employees the right to get minimum payment for the services they deliver to the organization. The organizations have to meet the national and international laws to operate their business on Australian soil. The oil and gas companies which operate in the offshore in Australia also have to maintain the Fair Work Act 2009 (Cth) as they extract the oil and natural gases of Australia. Hence the foreign companies that operate in Australia to extract the natural resources of Australia have to obey the rules and regulations of the Fair Work Act 2009 (Cth) (Thomas, 2010). The business organizations to operate their business have to maintain the national and international rules and regulations so that they can perform the business activities without any restrictions. The companies operating in Australia have to obey the Australian rules and regulations such as Fair Work Act 2009 (Cth) as well as other international rules and regulations so as to outsource the human resources from the other countries. Apart from this, as per the law, the companies have to provide minimum wages and other benefits to the employees as per the Australian standards, irrespective of the nationality of the employees.

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