HR (Influences) Flashcards
Stakeholders - Employers/Employer Associations
WHAT: Are those who exercise control over employees and have responsibility for the payment of wages and or salaries and have the power to dismiss employees.
Employer Associations: Represent the interest of the employer (E.G METAL TRADES ASSOCIATION AUS)
AIM/ADV: Provide advice, make submissions regarding wage cases, negotiate agreements, lobby gov’s.
(OBJECTIVES = produce goods and services, profit maximisation, expand/increase market share)
→ Responsibility increasing as legislation encourages negotiations of agreements
Stakeholders - Employee’s
Employee’s:
WHAT: Provide labor for exchange of wages or salaries
→ Large organization that reps all AUS workers = AUSTRALIAN COUNCIL OF TRADE UNIONS AND TRANSPORT WORKERS UNION
ADV: 1. Makeup organisations 2. Bring success 3. Skill
Dis: 1. Cost (wages) 2. Time hiring 3. Employee disputes
Stakeholders - Government
WHAT: The role of the gov is to provide legislation, policies and them to enforce compliance in a HR framework
WHY: The gov’s employment relations goals are to promote the economic prosperity and welfare for the people of Australia (as a key stakeholder)
→ The aim of specific government bodies is to ensure that the laws are being upheld and where there is a dispute, to enable the parties involved to come to an agreement and resolve matters quickly.
Stakeholders - Government - Gov policy, legislation and organisations (FED or STATE)
Gov policy, legislation and organisations (FED or STATE)
→ The FED gov can only make laws about matters listed in the constitution
→ E.G Fair work act 2009 established by the FWC
→ Single authority in place of fair work AUS which has the jurisdiction to resolve industrial disputes and make decisions that impact on the operation of national employment relations.
AUS GOV paid parental leave relations:
→ The paid parental leave scheme is an entitlement for working parents of children born or adopted from JAN 1st 2011
State gov Laws:
→ Regulate areas such as occupational health and safety, workers compensation, trading hours, pay for work and public holidays and long service leave.
→ Laws that have been passed by the NSW state gov include: → The workplace health and safety act 2011 (NSW) provide a framework to protect the health, safety and welfare of all workers and others in relation to NSW workplace and work countries → Annual holidays act 1944
Stakeholders - Government - FWA established by the FWC:
FWA established by the FWC:
WHAT: Is the national gov agency which will underpin the federal gov FWA 2009 changes.
Role: It will facilitate and approve collective bargaining agreements, adjust min wages and deal with unfair dismissal claims and workplace disputes
→ It covers all private sector employees in a uniform national workplace relations system.
SCOPE - The legislation has the following features:
→ AUS fair pay and conditions standard - set of legislation min working terms and conditions that includes min rates of pay, max working week, annual leave, personal carers parental leave entitlements.
→ Awards are included, but they are now similar and more flexible and provide safety net protection for employees.
Stakeholders - Government - Fair Work ombudsman
Educates and investigates
→ The role of the FWO (independent body) is to work with employees, employers, contractors and the community to promote harmonious, productive and co-operative workplaces.
→ Provide info and assist in resolving disputes by ensuring stakeholders aware of their rights under the FWA.
Instigate workplace complaints and enforce complaints and enforce compliance with AUS workplace laws.
→ As such the FWO can issue compliance notices, issue fines and commence litigation in courts.
→ The FWC role is changing agreements/awards and resolving conflicts (Bullying, discrimination, min pay, dismisssal claims, conciliation/ arbitration claims)
ADV: 1. Fair working conditions 2. Can settle disagreements
3. Punish unethical BUS practices
DIS: 1. Fines 2. Reputation 3. Time (courts)
Stakeholders - Society
→ Bus operates within society and decisions made by a BUS affect society. E.G If a business cannot resolve a dispute then and caused the AUS economy $250m per day while the disputes were going on.
→ BUS needs to consider the views of society in relation to discrimination, harrasment, unfair working conditions, diversity etc.
ADV: 1. Everyone can benefit when going well
DIS: 1. Everyone disadvantaged when going bad
HR - Legal framework - Employment contracts
WHAT: Where an employee accepts a specific offer of employment (oral or written), a contract of employment has been established.
→ Legally binding (enforcement and compliance)
→ Under this contract, both the employer and employee have to meet certain rights and obligations.
→ Some come from common law, most are set out in awards or agreements approved by FWA.
FEATURES: → Hours of work → Types of leave → Confidentiality → Safety → Super → Notice periods
ADV: 1. Agreed upon 2. Something to fall back on
DIS: 1. Can create future disputes on pay etc
HR - Legal framework - Common Law
WHAT: Are used by employers and employees in particular types of work such as → Executives and managers in award free sectors → Employers with very adequate employees → Sole traders, partnerships and state public services → Employees requiring various customised arrangement or employees for special projects
Employees and employers have certain obligations or duties to each other under common law.
These obligations or duties are regarded as legal standards of behaviour in the employment relationships
A common law employment contract cannot provide terms and conditions lower than those provided by legislation or the relevant industrial instrument such as an enterprise agreement
HR - Legal framework - Common Law (rights and obligations of employees/employers
→ Providing work → Payment of income and expenses (based on awards or contracts and reimburse employees for expenses that occur as a result of performing their job. → Meeting legal requirements such as the 10 NES and the FWA → Duty of care such as WorkPlace Health and Safety → Obey lawful and reasonable requests from the employer → USe care, skill while performing their job → Act in good faith → Employees carry out their job in the way it is stated in the contract such as customer relations → Being notified according to the agreement of an employee’s intention to take leave entitlements
HR - Legal framework - Minimum wage rates
WHAT: The lowest amount an employee can be paid for working
→ All employees working in AUS are entitled to a min wage
→ Covers all employees that are not covered by an award or enterprise agreement
→ This is the minimum pay rate provided by the minimum pay rate provided by the Fair work act 2009 and is reviewed each year
→ increase from the first full pay period on or after 1 July 2021 from $19.84 to $20.33per hour or $753.80 to $772.60 per week for a full-time award-free adult employee.
ADV - Allows for minimum to be fair
DIS - Could impact reputation for non- compliance
HR - Legal framework - Awards
Awards:
WHAT: Awards are legally binding documents containing minimum terms, wages and conditions
→ Under the FWA - continues the process of reducing complexity and costs regarding interpretation of agreements
→ Simplified and reduced the number of awards
→ There are currently 122 awards that cover most people in AUS.
Hospitality award - $24.8 in the introductory stage
ADV - Simple and cover the industry
DIS - Less convenient for staff
HR - Legal framework - Enterprise agreement
WHAT: Are collective agreements made at the workplace level between a groups of employee’s and an employer
→ Can be made with a number of employees
→ Involves bargaining between employers and employee’s
3 different types of EA’s:
Single Enterprise agreement(e.g Apple retail EA)
Multi Enterprise agreement- between two or more employees and employers (E.G Teachers independent agreement)
Greenfield agreements - genuine new enterprise
ADV: 1. Flexible 2. Customised suits need better 3. Productive
DIS: 1. Cost the BUS more potentially
Features: → Cover pay and rates, penalty rates, overtiming allowances
→ Hours of work, leave
→ How the agreement will operate and expiry date
→ The agreements must be approved by the FWA
→ Must pass the boot
Workplace health and Safety act 2011
WHS Act 2011
WH&S is a critical aspect of an employee’s work environment
In 2011, Safe Work Australia developed a single set of WHS laws to be implemented across Australia
Under WH&S laws businesses employees with:
→ Safe premises → Safe machinery and substances → Safe systems of work → Information, instruction, training and supervision → Suitable working environment and facilities
→ All employees are protected by workers compensation insurance
Work Health and Safety sort of waffle
Safe work AUS role primarily to improve WHS compensation across AUS.
The ABS estimated 680k workers suffered a work-related injury or illness in 2005
Many of these workers receive compensation for their injury due to the injury being minor
Data held by the safe work AUS shows there are around 135k claims accepted each year involving one week or more off work, a permanent incapacity or fatality.
This equates to 370 claims for serious injury per day. This figure doesn’t include injuries sustained travelling to and from work
