Influences Flashcards
1
Q
Stakeholders - employers
A
- those who exercise control over employees, have responsibility for payment of wages and/or salaries + working conditions + have power to dismiss employees
- Interested in employee productivity + costs as these affect the competitive position of (b)
- goals: efficiency, profitability, productivity, competitiveness
- if HR is poorly managed, employers will suffer from low productivity, higher costs + possible industrial action
2
Q
Stakeholders - employees
A
- workers under control of employer - control includes workplace location, the way work is performed, extent of supervision
- today = more highly educated → become bored quickly + demand more challenging work, involvement in decision-making + autonomy
- Interested in job security, working conditions + pay
- responsibility = complete tasks in a lawful manner
- if HR poorly managed = employees suffer from lower water + less safe, rewarding + interesting workplace
- following periods of extensive downsizing recently, employees don’t trust 1 (b) to look after needs (churning)
3
Q
Stakeholders - employer associations
A
- act on behalf of employers in collective bargaining sessions + before industrial tribunals + courts - usually in wages, conditions + safety
Provide advice on matters such as unfair dismissals and discrimination issues - role: lobby govt with employer views; appear before industrial tribunals on behalf of members; advise on Equal Employment Opportunity, dismissal, wage negotiation
E.g. Aus Industry Group, Aus Medical Association
4
Q
Stakeholders - trade unions
A
- Orgs formed by employees in industry, trade or occ. to represent them in efforts to improve wages + working conditions of members
- represents employees in: industrial conflict, WHS, negotiating wage + working conditions
- system for resolving industrial disputes gave unions a powerful role in HR - provided unions with an official bargaining position in making of industrial agreements
E.g. Aus Council of Trade Unions (ACTU), Aus workers union, IEU
5
Q
Stakeholders - government organisations
A
- Legislator = pass laws in parliaments which provide legal framework for IR; (b)’s must uphold these laws
- employer = govt’s provide public service jobs, e.g. teachers, nurses
Fair Work Australia - National workplace relations tribunal established under Fair Work Act 2009 (Cwlth) - brought in as employees being taken advantage of: migrants, youth, disability
- functions include: safety net of min. wages + conditions (NES) → protection, resolving disputes, supervising development of awards/agreements, hearing appeals + handling unfair dismissal cases
Federal Court of Australia - handles cases relating to industrial action + breaches of industrial law
- able to impose penalties for breach of an award or order, discrimination or victimisation under industrial + human rights legislation
- other govt agencies: Aus Human Rights Commission (HREOC), Workplace Gender Equality Agency (WGEA)
6
Q
Stakeholders - society
A
- workplace practices often reflective of behaviours upheld within society
- issues e.g. discrimination, harassment + unfair working conditions = becoming increasingly publicised + (b)’s must be seen to respond consistently to society’s views
- decisions in HR impact standards of living + rate of economic growth
7
Q
Legal - the current legal framework
A
- laws + regulations that deal with employee relations - laws restrict (b)’s decision making power by stating conditions that must be followed
→ legislation covers: nature of employment contracts + agreements; dispute-settling methods; protection of human rights in employment
8
Q
Legal
- the employment contract - common law (rights + obligations of employers + employees)
A
- a legally binding, formal agreement b/w employer + employee defining the rights + conditions for work
- features: salary/wage, supa, hours, benefits, duties
Common Law - developed by courts + tribunals
- under common law, both employers + employees have basic obligations in any employment r/s
Employers - Obligations: provide work, payment of income + expenses, duty of care - safe work conditions
- Rights: employees work with care + responsibility,
employees carry out work according agreement/award, notified of employee intention to take leave or leave (b)
Employees - Obligations: carry out duties in beneficial way to (b), maintain confidentiality + not use info in detrimental way, obey lawful + reasonable commands
- Rights: be paid for time worked (including overtime),
receive min. set out in award/agreement, receive allowances for tools + uniforms if applicable
9
Q
Legal
- the employment contract - minimum employment standards
A
- must be provided by employers + state min conditions for employees
- provide basis from which modern awards + enterprise agreements are constructed
1. maximum weekly hours
2. flexible working arrangements
3. parental leave + related entitlements
4. annual leave
5. personal carers leave + compassionate leave
6. community service leave
7. long service leave
8. public holidays
9. notice of termination + redundancy pay
10. Fair Work Info Statement
10
Q
Legal
- the employment contract - minimum wage rate
A
- base rate of pay for the no. of hrs they have worked
- generally determined by a modern award, enterprise agreement or the national minimum wage
- both employees + employers cannot agree upon a pay rate that is less than the minimum wage
- 2009 → part of Fair Work Act, set for all employees, approved by FWC
11
Q
Legal
- the employment contract - awards
A
- sets out legally enforceable min. terms + conditions that apply to a (b) or industry
- handed down by FWA
- modern award conditions apply on top of NES + act as a basis for negotiation in enterprise agreements
- Includes min. wages, overtime + penalty rates, dispute settlement procedures, leave, allowances, super etc.
- flexibility term (IFA) - allows parties to negotiate changes to some conditions in modern award - arrangement must not undermine min. entitlements, must leave better off (BOOT TEST)
- modern awards = key feature of current IR system that sought to simplify older existing awards into industry or occupation-based categories
12
Q
Legal
- the employment contract - enterprise agreements
A
- collective agreement made at a workplace level b/w an employer + a group of employees about terms + conditions of employment
- offer broader terms + conditions than a modern award, + are an alternative to a modern award
- 3 types:
1. Single-EA - made b/w single employer + group of employees
2. Multi-EA - made b/w 2 or more employers + groups of their employees
3. Greenfield agreements - single-E + multi-E agreements relating to a genuine new enterprise of the employer(s) before any employees are employed - Key features: pass BOOT + be approved by FWC, not include unlawful terms, include dispute settlement procedure + flexibility, expires within 4 yrs
- Cover pay rates, penalty rates, overtime, allowances, hours of work, leave
- may be negotiated with input of a union
13
Q
Legal
- the employment contract - other employment contracts
A
Individual Common Law Employment Contracts
- cover employees not on federal agreements or specific state agreements, particularly those earning over limit of award wages
Independent Contractors
- undertake work for others, however, don’t have same legal status as an employee
- generally undertake a contract, service or project for another (b), + work for multiple clients
- carries most of risk on a job undertaken - covering own superannuation, tax, insurances + leave
Contracts for Casual Work
- contracts with employers for short-term, irregular or seasonal work
- many employers prefer casuals as reduces costs for recruitment, dismissals + other on costs
Part-Time Contracts
- continuing employment contract + work less than 38 hrs per week
- have access to employment entitlements offered to full time employees, but on a pro rata basis
14
Q
Discuss the influence of government on the process of determining employment contracts
A
- govt’s pass laws which provide the legal framework for IR e.g. Fair Work Act
→ ensuring employees not disadvantaged + treated fairly - govt’s establish the institutions + processes used by employers + employees to conduct bargaining + resolve disputes when determining employment contracts
→ ensuring employee + employer protection - however laws quite restrictive = reducing bargaining power + negotiation
- due to changing comm. + worker expectations on SJ, safety + env, govt laws = reformed to reflect these
- Fair Work’s legislation aimed at ensuring govt’s role in determining employment contracts = limited
→ creating a legal framework that facilitates negotiation of EA, NES + min. wages
15
Q
Legal
- Work health and safety
A
- WHS Act 2011 (Cwlth) = establishes rights + responsibilities of parties in regards to workplace safety
→ adaptations made due to COVID (58% of (b) were able to integrate working from home/flexible working arrangements to minimise risk) - stipulates that employers must:
→ ensure health, safety + welfare at work of all employees
→ take out workers compensation insurance
→ Keep records of wages + injuries
→ take steps to ensure non-workers on site are not exposed to risks
→ establish OHS committee with 20+ employee (b)’s - best practice (b)’s: undertake regular safety audits; benchmarks performance; implements comprehensive safety programs; visible: policy statements, safety signs, reminders; regular training
→ COVID: duty to provide info + instruction to employees about health risks + monitor, assess + take steps to mitigate risks e.g. sanitisers, add. cleaning, 1.5m
