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business > AOS 2 PART B > Flashcards

AOS 2 PART B Flashcards

1
Q

entitlements

A

refer to benefits and payments an employee receives when leaving a workplace

contract, awards/EBA, wages, leave

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2
Q

transition issues

A

the period when changing from one job to another from one set of circumstances to another

exiting, counselling/support, superannuation/financial

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3
Q

fair work act 2009

A

provides for terms and conditions of employment and sets out the rights and responsibilities of employees, employers and employee organisations in relation to that employment.

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4
Q

retirement

A

occurs when an employee decides to give up work and no longer be a part of the labour.

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5
Q

retirement entitlements

A

pay out of unused annual leave or sick leave

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6
Q

retirement transition issues

A

gradually transition issues into retirement and provide advice and counselling

provide advice and counselling (lifestyle/financial)

superannuation advice, financial planning, information on government benefits

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7
Q

redundancy

A

when an employee is made redundant when there is no longer sufficient work for the employee to perform

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8
Q

retrenchment

A

occurs when an employee whose employment is terminated by reason of his/her job becoming redundant

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9
Q

voluntary redundancy

A

employees nominate themselves and take the opportunity to leave the business

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10
Q

involuntary redundancy

A

employees are asked to leave the business as their job is no longer needed or they re no longer needed

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11
Q

redundancy/retrenchment entitlement issues

A

employees are entitled to redundancy package (accrued annual leave payout stipulated in the employee contract), notice, pay and benefits for work conducted off to attend interviews.

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12
Q

redundancy/retrenchment transition issues

A

counselling; outplace services (help gain new work), career advice, training, financial advice

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13
Q

resignation

A

when an employee leaves the business.

An exit interview - conducted to determine the departure & identify issues within the business

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14
Q

resignations entitlement issues

A

payment for completed work and accrued benefits

business is entitled to notice

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15
Q

resignation transition issues

A

employers’ reference or statement of employment that can be used for future employment

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16
Q

dismissals

A

when an employee is terminated due to unacceptable behaviour or performance

must conduct counselling and disciplinary procedures before a dismissal takes place.

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17
Q

summary dismissal

A

when an employee commits a serious breach of their employment contract and can be dismissed immediently

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18
Q

on notice dismissal

A

when an employee is not performing satisfactorily and must be given notice and an opportunity to improve their performance.

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19
Q

unfair dismissal

A

occurs when an employee has been dismissed in a harsh, unjust or unreasonable manner (ie. absence from work due to injury/illness or is discriminated against)

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20
Q

dismissal entitlement issues

A

employees are entitled to pay and accrued benefits for the work they have performed.

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21
Q

dismissal transition issues

A

some businesses may introduce career transition services

formal explanation of reasons for dismissal, perhaps counselling

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22
Q

workplace relations

A

refers to the relationship and communication shared between employees and their employer, especially in areas such as wages, employment

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23
Q

aim of workplace relations

A

to achieve an optimum working relationship between employees + management –> optimum worker + business productivity level = greater competitiveness

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24
Q

Human resources managers

A

coordinate the relationship between employees and management within a business.

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25
Q

HR Role

A

recruit, hire, train and terminate employees (training and job interviews)

negotiate with employees and their representatives (represent the business - wages - performance)

act as a mediating party

ensure that the minimum legal requirements are met

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26
Q

employees

A

hired by a business to complete work tasks & support the achievement of its objectives. Reach objectives by fulfilling their role in an efficient and safe manner.

27
Q

employees roles

A

follow and understand workplace safety and procedures - (aware of responsibilities & OH&S)

complete tasks with proper care and diligence (complete business objectives)

obey terms in their contract

avoid misusing confidential information (keep private/confidential information private)

report illegal or unethical behaviour

28
Q

unions

A

organisations composed of individuals who represent and speak on behalf of employees in a particular industry to protect and improve their wages and working conditions

29
Q

union roles

A

represent employees and negotiate new wages and conditions on behalf of their members. (communicate concerns and desires)

seek better wages and work conditions on behalf of employees (provide employees with tools to communicate this)

protect job security and integrity of employee contracts

30
Q

employer associations

A

advisory bodies that assist employers in understanding and upholding their legal business obligations.

31
Q

employer associations roles

A

share information - make employers aware of any new policies, laws or regulations

provide advice - encourage employers to communicate strongly with their employees when making changes to the business

provide support - listen to the concerns of employers and offer management advice

32
Q

fair work commission

A

FWC is Australia national workplace relations tribunal responsible for creating and maintaining a safety net of minimum wages and working conditions for Australian employees

33
Q

FWC roles

A

set national minimum standards - revise and update national employment standards (NES)

establish awards - determine minimum pay and working conditions for particular industries

approve and monitor enterprise agreements - ensure agreements meet the NES prior to accepting and approving them

act as an arbitrator and mediator

respond to serious workplace issues (ie. unfair dismissal)

34
Q

NES

A

the fair work act 2009 provides employees with a safety net of minimum terms and conditions that employers must meet.

35
Q

industry-wide modern awards

A

an award is the minimum wage ang working conditions for people working in a similar industry.

36
Q

awards pros

A

provides a degree of comparative wage justice and equality for employees

Awards establish the minimum wages for employees and can be cost-effective, allowing a business to minimise its labour costs whilst remaining compliant with the law.

time efficient as implementing awards minimises the time taken to create individual employment contracts or negotiate an enterprise agreement.

37
Q

awards cons

A

Employees may be unsatisfied by only receiving the minimum wages and conditions.

Generalised industry awards offer limited flexibility for different business models and therefore, impact a business’s ability to meet its objectives.

38
Q

collective agreement

A

(applies to whole industry) is negotiated between employers and employees (or their union representatives). An agreement must include:
- the 11 NES (under fair work and acts as a safety net for employees/ers)
- an expiry date (usually: 2-4 years)
- dispute resolution procedures
- provisions for consultation when change occurs
- terms that allow individual flexibility

39
Q

enterprise bargaining

A

the negotiation between the employer and employees (or their representatives) to make an enterprise agreement

must be done in good faith

40
Q

Collective agreement pros

A

the agreement is consistent with the NES

Protected by FWC as employees cannot go below minimum standard awards

facilitates greater communication between employers and employees and can strengthen the relationship and improve motivation through the development of a greater cooperative spirit

41
Q

collective agreements cons

A

time-consuming process - employees and employers to negotiate/ establish the entitlements contained in an agreement.

Employees who cannot gain representation from unions may
be exploited by employers, as there may be a power imbalance between the employee and the business.

42
Q

individual employment contracts

A

an individual employee can negotiate and sign a legal contract with their employer regarding wages and working conditions

43
Q

individual employment contracts features

A

EBAs can be tailored/varied to suit individual circumstances. Often is for highly paid employees, any disputes that cannot be resolved will be settled through the courts, common law contract is the only one allowed.

44
Q

individual employment contract pros

A

can be tailored to the employee’s own qualities depending on the skills they possess

employees work more productively by aiming for targets specific to them

45
Q

individual employment contract cons

A

can attract hostile reactions as it can be perceived as favouritism

time-consuming process as a single document is required for every employee

46
Q

dispute resolution procedure

A

A formal, systematic process that permits employees to complain about matters that affect them and their work

47
Q

conflict

A

Disputes, disagreements or dissatisfaction between individuals or groups which are most likely to occur between employees and management

48
Q

mediation

A

A negotiation process where an independent third party (mediator) facilitates conversation and identifies and assess options that are open to the parties, to resolve the dispute in a fair way

49
Q

meditation pros

A

it is a much faster/cheaper way to resolve disputes

settled agreements can usually only be modified if both parties agree to agree

50
Q

mediation cons

A

it is not appropriate if there is a power imbalance between parties

it is not a legally binding decisions and therefore usually few repercussions if one party fails to hold their part of the agreement.

51
Q

arbitration

A

where both parties put forward to an independent third party (arbitrator) who makes the final decision

52
Q

arbitration pros

A

the decision is binding so there is repercussions if one party does not abide by the agreement

there is a more useful option if there is a power imbalance as a decision is imposed upon both parties

53
Q

arbitration cons

A

there is less likely to be a win-win scenario and hence any ongoing relationships are likely to be impacted by the process

if one of the parties does not agree with the decision that is reached by the arbitrator there are few options available to appeal

54
Q

grievance procedures

A

A formal process where an employee can resolve matters relating to complaints in the workplace

this can relate to wages, hours, working conditions or disciplinary action

55
Q

industrial action

A

industrial action may happen when different sides in a dispute cannot resolve the issue. The employer, employees or unions may take action. For employees, this is usually a strike or a work ban. An employer may take industrial action by locking out their employees.

56
Q

industrial dispute

A

industrial dispute means any dispute or difference between employers and employers

57
Q

BOOT principle

A

The better off overall test considers the terms that are more beneficial and less beneficial to employees in an agreement, compared to the terms in the relevant modern award.

58
Q

dispute resolution process

A

I - identify the issues

P - Present and discuss issues (HRM attempts to resolve issues with employees)

R - if no solution refers to an independent body for mediation (incl. FWC)

M - if mediation fails, the matter is referred to FWC for conciliation

A - if conciliation fails, the matter is arbitrated by the FWC. Binding decision

59
Q

NES standards

A
  1. maximum weekly hours
  2. requests for flexible working arrangements (hybrid work environments)
  3. offers and requests to convert from casual to permanent employment
  4. parental leave and related entitlements
  5. annual leave
  6. personal leave, carer’s leave, compassionate leave, unpaid family and domestic violence leave
  7. community service leave
  8. Long service leave
  9. public holidays
  10. notice of termination and redundancy pay
  11. fair work information statement and casual employment information statement.
60
Q

Similarities - Awards and agreements

A

business must uphold requirements of employment as stated through the national employment standards

contractual disputes are dealt with via FWC

negotiations are focused around pay, working conditions and benefits given to employees

61
Q

differences awards/agreements

A

AW - sets out minimum wages and conditions for those in a particular industry. AG - agreement between employer and employees

awards provide a benchmark to employees including wages and working condition. AG - includes awards bu it paid above benchmark - negotiations

62
Q

types of entitlements

A
  1. remuneration obtained
  2. accrued annual leave
  3. long service leave entitlements
  4. redundancy package
  5. note of termination
63
Q

types of industrial action

A

Passive resistance - lack of cooperation by employees

work rule - employees do bare minimum

boycott - refusal to do something or deal with someone

stop work meetings - employees hold unscheduled meetings during normal working hours

picket line - physically demonstrate outside business premise

strike - withdraw labour and production ceases

lock out - employers do not allow workers to enter/perform work

64
Q

employee engagement

A

the involvement and enthusiasm of employees in their work and workplace.

business (7 decks)

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