Consumers_Workplace

Section A – Consumers Q1. To what extent do the changes in consumer law reflect the conditions which give rise to the need for law reform' Introduction The need for consumer protection has grown over time. These changes create the need for law reform. Law reform is a legal mechanism which occurs to reflect the ever change morals and values of society. This occurs in all facets of life and law, especially with regards to consumer law. Consumer law started from the historical principle of “CAVIAT EMPTOR” or “buyers beware”, a development from village consumerism. This principle works on the basis that buyer and seller meet on equal terms. This has now vastly changed beginning in the US with Ralph Nader and President Kennedy. Definition: Consumer: A consumer is a person who buys or uses goods or services generated within the economy. Objectives of Consumer law: * Educate the public to make them aware of their rights * Articulating and mandating standards for the quality of goods and services * Providing statutory and common law remedies for consumers * Implementing weights and measures laws providing reliable benchmarks * Ensuring various occupations are licensed * Protection consumers in a time of global advertising ‘ * Regulating contractual relationships between buyers and sellers * Helping vulnerable and disadvantaged consumers Statutory protection: * Broadens scope for consumer protection * Trade practices amendment (ACL) act (no.2) 2010 * Legislative response to the productivity commission report reviewing Australia’s consumer policy framework and made a strong recommendation that the TPA needed updating and the piecemeal state laws needed consolidation (reform) * New ACL provides uniform national framework * New guarantees, prohibition on specific false and misleading representations, prohibitions on unconscionable and unfair contractual terms and a single national product safety regime. * Powers of ACCC have also been boosted * Recent cases: March 2011 car dealer in Victoria was fined under two infringement notices under the new ACL for false and misleading representations despite fine print. (ACCC new enforcement powers) The changes in consumer law reflect the conditions which give rise to the need for law reform * Implied terms in contracts – starting point for a holistic consumer protection framework * Originated from common law – now codified in ACL * Major change: that the goods are of acceptable quality, not the old “merchantable quality” * Multiple pricing laws now uniform across all products and services * Unfair contracts are void * Many state laws and consumer protection bodies now controlled by federal statute to create a uniform law across the land. (national product safety Conclusion: The changes in consumer law such as the new ACL 2010 replacing the old TPA 1974 reflect the vast changes which have occurred between 1974 and 2010. These changes cover a range of new problems which did not occur in 1974 such as problems brought on through technology such as television advertisement. It also simplifies the law creating a uniform law throughout the land. Although there is still much to be done, the changes made in the law thus far have all be reflective of the conditions that call for law reform. Although considerable progress has been made in this new legislation, there is still much more law reform to be done to reflect the values and needs of various groups within society both now and in the future. “The nature of law reform is such that laws are changed to reflect the values and needs of various groups within society” Evaluate this statement in relation to consumers. Introduction The need for consumer protection has grown over time. These changes create the need for law reform. Law reform is a legal mechanism which occurs to reflect the ever change morals and values of society. This occurs in all facets of life and law, especially with regards to consumer law. Consumer law started from the historical principle of “CAVIAT EMPTOR” or “buyers beware”, a development from village consumerism. This principle works on the basis that buyer and seller meet on equal terms. This has now vastly changed beginning in the US with Ralph Nader and President Kennedy. Definition: Consumer: A consumer is a person who buys or uses goods or services generated within the economy. Objectives of Consumer law: * Educate the public to make them aware of their rights * Articulating and mandating standards for the quality of goods and services * Providing statutory and common law remedies for consumers * Implementing weights and measures laws providing reliable benchmarks * Ensuring various occupations are licensed * Protection consumers in a time of global advertising ‘ * Regulating contractual relationships between buyers and sellers * Helping vulnerable and disadvantaged consumers Statutory protection: * Broadens scope for consumer protection * Trade practices amendment (ACL) act (no.2) 2010 * Legislative response to the productivity commission report reviewing Australia’s consumer policy framework and made a strong recommendation that the TPA needed updating and the piecemeal state laws needed consolidation (reform) * New ACL provides uniform national framework * New guarantees, prohibition on specific false and misleading representations, prohibitions on unconscionable and unfair contractual terms and a single national product safety regime. * Powers of ACCC have also been boosted * Recent cases: March 2011 car dealer in Victoria was fined under two infringement notices under the new ACL for false and misleading representations despite fine print. (ACCC new enforcement powers) The changes in consumer law reflect the conditions which give rise to the need for law reform * Implied terms in contracts – starting point for a holistic consumer protection framework * Originated from common law – now codified in ACL * Major change: that the goods are of acceptable quality, not the old “merchantable quality” * Multiple pricing laws now uniform across all products and services * Unfair contracts are void * Many state laws and consumer protection bodies now controlled by federal statute to create a uniform law across the land. (national product safety) Conclusion: The changes in consumer law such as the new ACL 2010 replacing the old TPA 1974 reflect the vast changes which have occurred between 1974 and 2010. These changes cover a range of new problems which did not occur in 1974 such as problems brought on through technology such as television advertisement. It also simplifies the law creating a uniform law throughout the land. Although there is still much to be done, the changes made in the law thus far have all be reflective of the conditions that call for law reform. Although considerable progress has been made in this new legislation, there is still much more law reform to be done to reflect the values and needs of various groups within society both now and in the future. Evaluate the effectiveness of the law in resolving conflict, encourage cooperation and achieving justice for consumers, manufactures and suppliers. Introduction: There are many self help avenues that are open to consumers who feel they have been badly treated by suppliers or manufacturers. Redress can be obtained by complaining to the supplier or manufacturer. Self help is a useful mechanism for consumer redress as it is resource efficient and easily carried out. Definition: Consumer: A consumer is a person who buys or uses goods or services generated within the economy. Manufacturers: A business engaged in manufacturing some product Suppliers: Someone whose business is to supply a particular service or commodity Consumer redress and remedies * Complaints to suppliers * Complaints to manufacturers State Government organisations * NSW office of fair trading * Community services commission * NSW legal aid Federal government organisations * Competition and consumer policy of the commonwealth department of the treasury * Commonwealth consumer affairs advisory council (CCAAC) * Australian competition and consumer commission (ACCC) new powers under ACL 2010 1. ACCC v target: disclaimers at the end of TV advertising will not necessarily make a misleading headline statement lawful. * Ministerial council on consumer affairs (MCCA) Industry organisations * Industry based dispute resolution * Customer focused corporate compliance programs * Industry based ombudsman Other avenues for redress * Consumer, trader and tenancy tribunal (CTTT) * NGO’s * Media * Court Consumer protection provisions * Strengthen position of consumers to sellers, distributors and manufactures * Fairness * ACCC has roles in terms of: 1. Prices surveillance 2. Telecommunications 3. Maintaining industry codes Limitations of consumer law * Lack of public education * ACCC needs broader power * New areas such as mobile phone contracts * Product safety * Enforcement * Regulation * Electronic transactions Conclusion In Evaluating the effectiveness of the law in resolving conflict, encourage cooperation and achieving justice for consumers, manufactures and suppliers, there is still much more progress to be made in terms of law reform to achieve justice in the world of consumerism. Although through law reform, the avenues which a consumer can seek redress are plentiful, there are limitations in consumer law which must be addressed. Discuss the role and effectiveness of legal institutions in protecting consumers Introduction: There are many self help avenues that are open to consumers who feel they have been badly treated by suppliers or manufacturers. Redress can be obtained by complaining to the supplier or manufacturer. Self help is a useful mechanism for consumer redress as it is resource efficient and easily carried out. Definition: Consumer: A consumer is a person who buys or uses goods or services generated within the economy. Manufacturers: A business engaged in manufacturing some product Suppliers: Someone whose business is to supply a particular service or commodity Consumer redress and remedies * Complaints to suppliers * Complaints to manufacturers State Government organisations * NSW office of fair trading * Community services commission * NSW legal aid Federal government organisations * Competition and consumer policy of the commonwealth department of the treasury * Commonwealth consumer affairs advisory council (CCAAC) * Australian competition and consumer commission (ACCC) new powers under ACL 2010 1. ACCC v target: disclaimers at the end of TV advertising will not necessarily make a misleading headline statement lawful. * Ministerial council on consumer affairs (MCCA) Industry organisations * Industry based dispute resolution * Customer focused corporate compliance programs * Industry based ombudsman Other avenues for redress * Consumer, trader and tenancy tribunal (CTTT) * NGO’s * Media * Court Consumer protection provisions * Strengthen position of consumers to sellers, distributors and manufactures * Fairness * ACCC has roles in terms of: 2. Prices surveillance 3. Telecommunications 4. Maintaining industry codes Limitations of consumer law * Lack of public education * ACCC needs broader power * New areas such as mobile phone contracts * Product safety * Enforcement * Regulation * Electronic transactions Conclusion In Evaluating the effectiveness of the law in resolving conflict, encourage cooperation and achieving justice for consumers, manufactures and suppliers, there is still much more progress to be made in terms of law reform to achieve justice in the world of consumerism. Although through law reform, the avenues which a consumer can seek redress are plentiful, there are limitations in consumer law which must be addressed. Outline the importance of morals and ethics with respect to consumers. Assess the role of law in ensuring the commitment to the law in issues regarding consumers. Introduction: In a globalised world, trade knows no boundaries. Products made in Australia can be sold anywhere on earth. The same is true of goods manufactured in countries that don't have the same level of quality assurance as Australia. Consequently it is vital that all products meet a certain minimum safety and performance standards before they can be sold to Australian consumers. it is such morals and ethics with respect to consumers that regulations and minimum standards are set. Legal responses: * ACCC enforces mandatory product safety * Information standards * Product bans * Monitoring product safety Product safety: * Under Australian law, product suppliers and manufacturers have an obligation to ensure that only safe products are marketed: * Provide clear instructions for sue * Meeting industry standards * Product recall plans and procedures * Incorporate safety in product design * Raising level of safety standards through product improvement * Quality assurance programs * Quick responses to safety concerns Product certification: * This indicates their established suitability for specified purposes * Varying levels of stringency * Certified goods are endorsed with a certification mark or logo Non legal responses * Consumers can take action through independent consumer groups * Advocate on behalf of consumers * Lobby parliament * Influence legislation * Act as consumer “watchdogs” * Media Conclusion: The Australian legal system seeks to ensure that all products that consumers buy are safe and meet the values and ethics of consumers in regards to their protection. Clearly, without a product certification process in operation, there would be a very real risk to the health and safety of consumers, as a consequence of inadequate quality assurance and safety measures. Assess the ability of the legal system to address values and ethics with respect to consumer rights. Introduction: In a globalised world, trade knows no boundaries. Products made in Australia can be sold anywhere on earth. The same is true of goods manufactured in countries that don't have the same level of quality assurance as Australia. Consequently it is vital that all products meet a certain minimum safety and performance standards before they can be sold to Australian consumers. It is such morals and ethics with respect to consumers that regulations and minimum standards are set. The legal system with respect to consumer law is designed to create a fair environment in which consumers and providers can engage. However, for this to happen, the legal system must protect consumer rights. Definition: Consumer: A consumer is a person who buys or uses goods or services generated within the economy. Manufacturers: A business engaged in manufacturing some product Suppliers: Someone whose business is to supply a particular service or commodity Product safety: * Under Australian law, product suppliers and manufacturers have an obligation to ensure that only safe products are marketed: * Provide clear instructions for sue * Meeting industry standards * Product recall plans and procedures * Incorporate safety in product design * Raising level of safety standards through product improvement * Quality assurance programs * Quick responses to safety concerns Product certification: * This indicates their established suitability for specified purposes * Varying levels of stringency * Certified goods are endorsed with a certification mark or logo Consumer redress and remedies * Complaints to suppliers * Complaints to manufacturers State Government organisations * NSW office of fair trading * Community services commission * NSW legal aid Federal government organisations * Competition and consumer policy of the commonwealth department of the treasury * Commonwealth consumer affairs advisory council (CCAAC) * Australian competition and consumer commission (ACCC) new powers under ACL 2010 5. ACCC v target: disclaimers at the end of TV advertising will not necessarily make a misleading headline statement lawful. * Ministerial council on consumer affairs (MCCA) Industry organisations * Industry based dispute resolution * Customer focused corporate compliance programs * Industry based ombudsman Other avenues for redress * Consumer, trader and tenancy tribunal (CTTT) * NGO’s * Media * Court Consumer protection provisions * Strengthen position of consumers to sellers, distributors and manufactures * Fairness * ACCC has roles in terms of: 6. Prices surveillance 7. Telecommunications 8. Maintaining industry codes Limitations of consumer law * Lack of public education * ACCC needs broader power * New areas such as mobile phone contracts * Product safety * Enforcement * Regulation * Electronic transactions Laws relating to consumers as a reflection of changing values and ethical standards * the fact that caveat emptor no longer governs the contracts of sale shows the societal values and ethical standards have changed * consumer law reflects community awareness, consumers must be protected by a raft of legal regulations * office of fair trading (NSW) and ACCC are consumer watchdogs whose activities implicitly promote ethical standards in all consumer dealings. Conclusion: The Australian legal system endeavours to balance the rights and values of individuals against those of the community at large. Ethical standards are reflected in licensing schemes and product safety certifications to ensure that unscrupulous individuals cannot legally provide services to consumers and that unsafe products cannot be sold not consumers. Section B – Workplace Analyse how law reform can promote justice for both employers and employees in the workplace. Introduction: The regulation of employment in NSW is now predominantly governed by the federal Fair Work Australia act 2009. Only public sector employees continue to have their employment regulated by Industrial Relations act 1996. In addition, employees in NSW are regulated by the Occupational Health and Safety Act NSW 2000, which imposes certain obligations on employers and others in providing a safe workplace. It also gives jurisdiction to the NSW Industrial Court to hear and determine prosecutions for breaches of the OH&S Act. Development of workplace law: * middle ages: based on social status * Industrial revolution: replacing human capital with machinery. Early employment laws favoured employers over employees (being in trade unions resulted in imprisonment) * Trade unions: the association of wage earners that exists in order to maintain and improve pay and working conditions for its members * Industrial relations in Australia: began early 19th century * FWA 2009 Middle ages: * Legal regulation of working arrangements based on status * Most people were employed by the owner of the land in exchange for the right to live on the land * Regulation of work developed as cities developed Early Employment law: * Protections began to be instituted (1514 statute) limited wages and fixed labour hours * Reflected the values and attitudes of the time * Guilds of craftsmen or merchants developed Industrial revolution: * Working population turned from agriculture to industry * Human capital became more redundant and costly * Favoured employers * Combination act of 1799 made it illegal to join trade unions Laissez faire and state intervention: * The idea that individuals could negotiate the terms of their employment * Employers had superior bargaining power * No government intervention * Poor conditions and wages Industrial relations in Australia: * Due to gold rush people left jobs, and immigrants came to seek fortune which lead to higher demand of goods and services which could not be met by providers who were then forced to improve conditions and wages to entice workers * This gave aust. Trade unions more political power and gained important rights for workers * Conciliation and arbitration act 1904 OH&S legislation * Introduces employees obligation to take reasonable care for the health and safety of people at their workplace * Broadens employers duty of care to those who are not employees but visitors to the workplace * Evolved from common law where the courts interpret the law in a way that reflects the prevailing community morals and ethics IR laws 1996 OH&S act 2000 work choices 2006 Fair work Australia 2009 Role of law reform in recognising rights and enforcing responsibilities in the work place * Law must reflect prevailing community standards and expectations to be effective * Law reform ain to balance the needs of all stakeholders while complying with international obligations * General employee entitlement and redundancy scheme was established to protect workers entitlements if employer became bankrupt * OH&S laws to protect workers such as no smoking in workplace * Legislation sets rights and duties of all stakeholders * Provides process for resolving disputes Conclusion: Law reform promotes justice for both employers and employees by reflecting the prevailing community standards and expectations. This creates a fair platform for all stakeholders and provides a happier, more efficient workforce. Laws such as the OH&S legislation are designed to protect employees as they are usually in a weaker bargaining position and must be protected to provide justice and equality. With reference to the processes and mechanisms for change the law, discuss how effective law reform has been in achieving justice for individuals and society in relation to the workplace. Introduction: The regulation of employment in NSW is now predominantly governed by the federal Fair Work Australia act 2009. Only public sector employees continue to have their employment regulated by Industrial Relations act 1996. In addition, employees in NSW are regulated by the Occupational Health and Safety Act NSW 2000, which imposes certain obligations on employers and others in providing a safe workplace. It also gives jurisdiction to the NSW Industrial Court to hear and determine prosecutions for breaches of the OH&S Act. Development of workplace law: * middle ages: based on social status * Industrial revolution: replacing human capital with machinery. Early employment laws favoured employers over employees (being in trade unions resulted in imprisonment) * Trade unions: the association of wage earners that exists in order to maintain and improve pay and working conditions for its members * Industrial relations in Australia: began early 19th century * FWA 2009 Middle ages: * Legal regulation of working arrangements based on status * Most people were employed by the owner of the land in exchange for the right to live on the land * Regulation of work developed as cities developed Early Employment law: * Protections began to be instituted (1514 statute) limited wages and fixed labour hours * Reflected the values and attitudes of the time * Guilds of craftsmen or merchants developed Industrial revolution: * Working population turned from agriculture to industry * Human capital became more redundant and costly * Favoured employers * Combination act of 1799 made it illegal to join trade unions Laissez faire and state intervention: * The idea that individuals could negotiate the terms of their employment * Employers had superior bargaining power * No government intervention * Poor conditions and wages Industrial relations in Australia: * Due to gold rush people left jobs, and immigrants came to seek fortune which lead to higher demand of goods and services which could not be met by providers who were then forced to improve conditions and wages to entice workers * This gave aust. Trade unions more political power and gained important rights for workers * Conciliation and arbitration act 1904 OH&S legislation * Introduces employees obligation to take reasonable care for the health and safety of people at their workplace * Broadens employers duty of care to those who are not employees but visitors to the workplace * Evolved from common law where the courts interpret the law in a way that reflects the prevailing community morals and ethics IR laws 1996 OH&S act 2000 work choices 2006 Fair work Australia 2009 Role of law reform in recognising rights and enforcing responsibilities in the work place * Law must reflect prevailing community standards and expectations to be effective * Law reform ain to balance the needs of all stakeholders while complying with international obligations * General employee entitlement and redundancy scheme was established to protect workers entitlements if employer became bankrupt * OH&S laws to protect workers such as no smoking in workplace * Legislation sets rights and duties of all stakeholders * Provides process for resolving disputes Conclusion: Law reform promotes justice for both employers and employees by reflecting the prevailing community standards and expectations. This creates a fair platform for all stakeholders and provides a happier, more efficient workforce. Laws such as the OH&S legislation are designed to protect employees as they are usually in a weaker bargaining position and must be protected to provide justice and equality. With reference to legal issues and remedies, evaluate the effectiveness of legislation in responding to the changing needs of employers and employees Introduction: To address the changing needs of employers and employees law reform is required to endorse harmonious conditions in which employers and employees can interact. Law reform promotes justice for both employers and employees by reflecting the prevailing community standards and expectations. This creates a fair platform for all stakeholders and provides a happier, more efficient workforce. One major change in the needs of employers and employees is the issue of discrimination. The ideal of equality implies that all persons should be treated equally before the law. The notion of equality in the workplace centres on equality of opportunity. The law acts to ensure that there is equal opportunity for individuals within the workplace. * Anti discrimination act 1977 * Only protected race gender and marital status * Over the years additional grounds have been added to reflect the views of society Racism * Persons cannot be treated differently due to racial or cultural ethnicity. * Racial discrimination act 1975 (cth) * Antidiscrimination act 1977 (NSW) Sexism * Persons cannot be treated differently due to sex * This includes sexual harassment. * sex discrimination act 1984 (cth) * Antidiscrimination act 1977 (NSW) Sexual orientation * Persons cannot be treated differently due to sexual orientation * Can not be treated differently if he/she has a relative/associate who is a homosexual * Fair work act 2009 (cth) * Antidiscrimination act 1977 (NSW) Disability * Persons cannot be treated differently due to disability. * Disability discrimination act 1977 (cth) * Antidiscrimination act 1977 (NSW) Age * Persons cannot be treated differently due to age * Employers can not force employees to retire due to age * age discrimination act 2004 (cth) * Antidiscrimination act 1977 (NSW) Equal employment opportunity * the above acts promote equality in terms of employment * these acts however do not make discrimination illegal * ensure workplaces develop appropriate programs to ensure no discrimination Effectiveness * these acts do not make discrimination illegal * in terms of equal pay for equal work – the worth of a job has no legal definition Conclusion To a certain extent, the law has responded to the need to protect individuals and groups from discriminatory practices. Changing social attitudes and human rights movements of the 1960’s such as the feminist and civil rights movements provided the initial impetus to create legislation protecting rights. Although the legal system has acted to remove discriminatory practices within the workplace, it has not been entirely successful. For example, more than 30 years after the equal pay for equal work case and the passing of numerous acts making discriminatory pay practices illegal, there is still pay and promotional disparities between men and women. In addition, those who have family or carer responsibilities still face inequities in the workplaces such as lack of professional development, promotional and overtime opportunities. Evaluate the effectiveness of dispute resolution mechanisms in achieving justice for those in the workplace. Introduction When employers and employees are in dispute, there are several dispute resolution mechanisms in achieving justice in the workplace. * Legislation at both state and federal level as created industrial relations processes with the aim of minimising conflicting * Encourages cooperation between employers and employees * Enterprise agreements encourage employers and employees to negotiate satisfactory work arrangements on an individual workplace level * OH&S legislation emphasises the employees duty to take reasonable care for the health and safety of others in their workplace * Participation in maintaining a safe work environment through the representation on OH&S committees * Employees and employers are encouraged to resolve disputes about pay and conditions through negotiation and conciliation * All modern awards and enterprise agreements contain dispute resolution procedures * These must be followed before the matter can be taken further * Only when discussions break down will the matter go to arbitration * The fair work ombudsman is able to investigate complaints within the workplace and make an order resolving the conflict * FWA and NSW IR commission have a judicial role in settling disputes * The federal court and the federal magistrates court have industrial divisions that hear workplace disputes and appeals * Effective industrial laws require that governing bodies be given the resources and authority to enforce compliance * Enforcement also includes the availabilities of penalties that will deter non compliance * Criminal sanctions are sometimes more effective than the imposition of a fine * In order to remove ambiguity and ensure enforceability, employee and employer rights and duties have been clearly defined in legislation as well as penalties * Mutual obligations and employees active involvement in maintaining safety at work increases compliance with OH&S legislation Conclusion: Although there are many dispute resolutions mechanisms that can be used to achieve justice for those in the workplace, such as clauses in employment contract that outline negotiation and conciliation methods of dispute resolution and the possibility of arbitration if the matter is not resolved, there still remains the issue of enforceability. The organisations and legislations are designed to achieve justice, however, if these are breached, penalties would most likely be a fine. Criminal sanctions would prove much more effective in enforcing legislation and therefore minimising the chance of dispute in the first place. To what extent does the law reflect the moral and ethical standards in the area of work place' Introduction: The law must reflect the ever changing morals and ethical standards of society. This includes the area of workplace. Law reform mechanisms are in place to keep up to date with changing ethical and moral standards on society. These include antidiscrimination legislation, equal pay and OH&S legislation. * Anti discrimination act 1977 * Only protected race gender and marital status * Over the years additional grounds have been added to reflect the views of society Racism * Persons cannot be treated differently due to racial or cultural ethnicity. * Racial discrimination act 1975 (cth) * Antidiscrimination act 1977 (NSW) Sexism * Persons cannot be treated differently due to sex * This includes sexual harassment. * sex discrimination act 1984 (cth) * Antidiscrimination act 1977 (NSW) Sexual orientation * Persons cannot be treated differently due to sexual orientation * Can not be treated differently if he/she has a relative/associate who is a homosexual * Fair work act 2009 (cth) * Antidiscrimination act 1977 (NSW) Disability * Persons cannot be treated differently due to disability. * Disability discrimination act 1977 (cth) * Antidiscrimination act 1977 (NSW) Age * Persons cannot be treated differently due to age * Employers can not force employees to retire due to age * age discrimination act 2004 (cth) * Antidiscrimination act 1977 (NSW) Equal employment opportunity * the above acts promote equality in terms of employment * these acts however do not make discrimination illegal * ensure workplaces develop appropriate programs to ensure no discrimination Conclusion: To a certain extent, the law has responded to the need to protect individuals and groups from discriminatory practices. Changing social attitudes and human rights movements of the 1960’s such as the feminist and civil rights movements provided the initial impetus to create legislation protecting rights. Although the legal system has acted to remove discriminatory practices within the workplace, it has not been entirely successful. For example, more than 30 years after the equal pay for equal work case and the passing of numerous acts making discriminatory pay practices illegal, there are still pay and promotional disparities between men and women. In addition, those who have family or carer responsibilities still face inequities in the workplaces such as lack of professional development, promotional and overtime opportunities. Assess the ability of the legal system to address values and ethics with respect to employees’ rights. Introduction: The law must reflect the ever changing morals and ethical standards of society. This includes the area of workplace. Law reform mechanisms are in place to keep up to date with changing ethical and moral standards on society. These include antidiscrimination legislation, equal pay and OH&S legislation. * Anti discrimination act 1977 * Only protected race gender and marital status * Over the years additional grounds have been added to reflect the views of society Racism * Persons cannot be treated differently due to racial or cultural ethnicity. * Racial discrimination act 1975 (cth) * Antidiscrimination act 1977 (NSW) Sexism * Persons cannot be treated differently due to sex * This includes sexual harassment. * sex discrimination act 1984 (cth) * Antidiscrimination act 1977 (NSW) Sexual orientation * Persons cannot be treated differently due to sexual orientation * Can not be treated differently if he/she has a relative/associate who is a homosexual * Fair work act 2009 (cth) * Antidiscrimination act 1977 (NSW) Disability * Persons cannot be treated differently due to disability. * Disability discrimination act 1977 (cth) * Antidiscrimination act 1977 (NSW) Age * Persons cannot be treated differently due to age * Employers can not force employees to retire due to age * age discrimination act 2004 (cth) * Antidiscrimination act 1977 (NSW) Equal employment opportunity * the above acts promote equality in terms of employment * these acts however do not make discrimination illegal * ensure workplaces develop appropriate programs to ensure no discrimination Trade unions * employee organisations * a group of people with a common interest to enjoy greater bargaining power than individuals * help protect employee rights * can lobby governments for change regarding employee rights * working conditions * penalty rates * awards * enterprise agreements. Conclusion: To a certain extent, the law has responded to the need to protect individuals and groups from discriminatory practices. Changing social attitudes and human rights movements of the 1960’s such as the feminist and civil rights movements provided the initial impetus to create legislation protecting rights. Although the legal system has acted to remove discriminatory practices within the workplace, it has not been entirely successful. The role of trade unions in the protection of employee rights has been a large part of workplace law reform to increase protection for employees who would otherwise be in a significantly weaker bargaining position.