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The legal framework regulating work and training arrangements related to work is based on assumptions about work that are increasingly outmoded. Recent data related to the growth of casual full-time and part-time work are presented to show the importance of emerging flexible forms of work. The article shows how these new forms of working throw up challenges to existing arrangements, particularly in relation to employees' access to training opportunities. The individual acting as a 'responsible risk taker' is a requirement for many in the new world of work. The challenge for public policy is to work out how the industrial relations system can enhance the capacity of the individual to better manage risk, whether alone or as part of a collective bargaining process. The article outlines two specific policy proposals that can provide better access to training opportunities.