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ERIC Number: EJ1113733
Record Type: Journal
Publication Date: 2013
Pages: 14
Abstractor: As Provided
ISSN: EISSN-1175-2882
The Vulnerable Worker? A Labor Law Challenge for WIL and Work Experience
Cameron, Craig
Asia-Pacific Journal of Cooperative Education, v14 n3 p135-146 2013
The Fair Work Act (2009) in Australia deregulates "work" in work-integrated learning (WIL) by distinguishing "vocational placement" from "employee". Following concerns about the legal position of WIL and work experience, the Fair Work Ombudsman (FWO) published a fact sheet and commenced a joint research project into unpaid work practices. Nevertheless, the student remains vulnerable to exploitation. This article examines, through the lenses of flexibility and worker protection, the labor regulation of WIL and work experience in Australia and the United States. In particular, the author argues that deregulation in Australia and the legal uncertainty surrounding work experience is inconsistent with the protective function of labor law. Drawing on this examination as well as Australian migration law, the author recommends that the Fair Work Act (2009) be amended to strengthen the criteria for "vocational placement" and to provide a definition of "work experience" in the interests of a balanced regulatory framework. [Papers included in this "Asia-Pacific Journal of Cooperative Education" ("APJCE") Special Issue stem from selected manuscripts from the Australian Collaborative Education Network Annual Conference 2012.]
New Zealand Association for Cooperative Education. University of Waikato, Private Bag 3105, Hamilton 3240, New Zealand. Tel: +64-7-838-4892; e-mail:; Web site:
Publication Type: Journal Articles; Reports - Evaluative
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Australia; United States
Grant or Contract Numbers: N/A