topic 4 human resources Flashcards
human resource management
manage total relationship betw employer and employee to achieve strategic goals of bus
* value contribution of employee to bus
* view role of employee as key stakeholder
*align recruitment, equal employment opp, training, developmnet, separation to achieve goals
* emp asset than cost, encourage open communication & goal orientation
strategic approach to managing employees by
- seeing effective workforce as way adding value to all areas bus perf
* working cooperatively with OMF - focus using specific HR management strats to retain, reward, motivate effective skilled emp to achieve bus obj
* commit to measuring, evaluating, reporting, acting on results obtained via KPIs that rank equally with financial perf indicators
next decade major strategic challenges for HR management
- developing & retaining talented staff
- improving leadership development
- managing ageing workforce
- analysinsg increased role of tech
- communicating to all stakeholders company’s position on ethics & CSR
- discussing adv & disadv of outsourcing in a global market
how is a business rewarded when it manages effective HR practices
- manage change more effectively
- gain sustainable comp adv
- gvt tries assise more competititive by creating flexible legal framework for HR management
- emp bus msot valuable resource
HR link to finance
effective HR policy within org linked to profitability gains, share price increases, LT survival
* competitive enviro demands effectivecost control and meaintaining/reducing labour costs
HR link to marketing
enduring relations betw bus & customers
HR link to operations
managers who invest strongly in relationship betw bus and emps likelier to see effi, committted contribution to production of g&S
* if try improve opps for emp training & development and rewards, employee productivity in operations process
most specialist HR managers responsible for:
- HR planning & job design
- acquisition (recruitment, selection, placement)
- development (induction, training, career development, performance appraisal)
- maintenance of staff (wellbeing, legal responsibilities, communication)
- performance management & rewards
- separation
- managing diversity inc implementing gender equity & anti-discrimination legislation
now more involved in negotiations w/ unions, establishing & negotiating agreements, preparing for tribunals
if HR is part of senior execusitive
collaborates in decisions abt strategic issues. eg change in whats produced/organising work
* awareness of global trends & LM issues, industrial relations policies, risk management strats, high lvl organisational & HR auditing
translatedi nto operational plans for implementing
outsourcing
contracting out bus functions involving use of 3rd party specialsit bus’
* take adv of specialist skills provided and reduce labour costs
* obtain superior service, better functional quality, lower cost service than provided internally
* particulalry offshore (global subcontracting) sig reduce costs
* new org structures bc globalisation & rapid tech change increase pressure to be competitive
* can be used to review bus practices & implement strats to transform bus using consultants w/ no internal agenda
major areas being outsources in AUS (domestic outsourcing) & top reasons for outsourcing
- training & development
- financial processes (eg. payroll)
- change management
- itnernal auditing
- HR info systems
- HR resources functions most common (recruitment, induction, leadership training, mediation, outplacement, payroll)
- reduce costs & focus on core operations
- improve quality
contractors
external service provider to bus (can be ind/bus)
* cost savings/access greater expertise & capabilities to improve competitiveness
* can be obtained for most bus functions but particularly for processing functions (repetitive, easily measured) easy to determine cost savings & productivity gains
* recommended for non-core functions so staff focus broader managing firm
risks of contractors & how to avoid this
risks increase as prop firms activities outsources:
* cost overruns/cost increase
* loss of quality
* difficulty coord activities
* difficulty monitoring quality & perf in outsourced activities
should set clear, legally binding tirms, timeframes, conditions in contractor agreement to avoid conflict & expensive litigation
* confirm responsibility for super, insurance, woekrs’ compensation
domestic subcontracting
avoids need to employ ‘in house’ staff and overhead expenses
* firms focus resources on bore bus activities
* leave detailed support/compliance related activities to experts eg. payroll mangement
* fresh ideas & perspectives eg.l eadership development (for SMEs lacking capacity to undertake internal auditing, research, manage functions like larger irms(
* can improve quality & productivity of bus’ service w/o resource scale normall required
global subcontracting
pressure from global comp turn to offshore contractors in other countries to reduce costs
* also as 1st step to operating in a new market overseas, to get more acquainted with market needsb before expanding with greater physical presence in the market
disruptive outsourcing (bizfact)
use improved tech development in robotics, automation
* starting to compete with trad outsourcing
* emergence mainly due to cost benefits & identifying clear comp adv by changign way bus oeprate through agility, efficiency, increased effectiveness to increase revenue –> bus growth
2 forms of outsourcing
- process outsourcing
* dominant form
* outsourcing repetitive, easily measured, documented work
* eg. recruitment, payroll management, customer complaints - project outsourcing
* HR, marketing, design, IT, research
* greater use of intellectual property & strategic bus knowledge
* operate in longer time frame
* more diff to measure
* quality cant be fully anticipated (more risk)
global outsourcing risks
- difficulty controlling quality & reliability of the service
- cultural differences (language) impact customer service
- security issues (opps for sharing confidential company info & client poaching)
- lack remedies for breach of contract/legal matters under foreign legal systems
- well-qualified emps replaced by less qualified staff (service quality declines)
weight against benefits of major cost savings & potential productivity benefits
key influences on HR management
stakeholders
*employers/es
* employer associations
* trade unions
* gvt orgs
* society
- legal framework betw relationship of employer/ee (role of gvt in institutions eg. FWC for requirements on employemnt contracts, facilitating effective process for negotiating enterprise agreements, ind contracts
- eco, social, tech influences from int/ext enviro affect decisions
- ethics & CSR to manage diverse competent workforces
- need strategic approach for LT , evaluate effects decision to outsource some/all functions, HR relateing to OMF
stakeholders
ind/group has common interest in/affected by actions of org
* common interest in survival & success of bus but conflicts can arise due to differences in competing interests
employers as stakeholders
exercise control over employees, responsibility for paying wages/salaries with power to dismiss employees
* handle HR management issues daily
* involved in developing programs focus on improving bus performance
* recent legislation encourages em to negotiate agreements & resolve disputes at ind workplace
employees as stakeholders
workers under control of employer
* (control): workplace location, way work performend, extent supervisiion exercises
* demand challenging, interesting work, involvement in decision making processes, autonomy at workplace
* driven to build career through succession of jobs in range diff orgs
* ‘churning” move frequently from 1 job to another in diff orgs increasing esp service industries
* retain & motivate silled staff need extra effort developing career & training, rewards & opps for greater emp involvement
( work life balance, spend time w/ families
* structure of work changed from last decade affect emp access to work (older, women, younger inexp struggle obtain full time jobs) esp knowledge based service sector –> ‘flexible’ casual workforce
* older increase participation rates w/ women
* trade unions respond to job security & limitations on using casuals in engotiating agreements but also flexibility of job sharing, manage fmaily commitments
employer associations
org represents & assists employer groups
* respondents to awards covering employees of members & cover employers in same/related industry
* created by employers as counterparty to unions to rep employees in awards through conciliation & arbitration system
* assist in forming policies & processed logs of claims served on heir members by unions
* main role today act on behalf of employers (esp small bus) in collective bargaining & before industrial tribunals, courts
* provide advice (esp small bus) on awards, unfair dismissals, discrimination
* lobby gvts & other orgs w/ interests of employers, industries & trade
* make submissions to min wages to FWC
* can function as professional (AUS medical association) or marketing bodies or with industrial relations function within their services (AUS Chamber of Commerce & Industry)
diff between unions & emplyoer associations
represent employers on broader rangeo f issues beyong HR and industrial relations
trade unions as stakeholders
orgs formed by employees in an industry, trade or occupation to represent them to improve wages & working conditionso f members
* system for resolving industrial disputes –> unions big role in HR, providing official bargaining position in making industrial agreements
* membership peaked 1976, fallen framatically seen and remained stead. most are full time/part time employees, gvt workers instead of private industry workers, highest in edu & training and lowest is real estate services, most never belonged to trade union
most famous trade unions
peak TU body ACTU aus council of trade unions
* Aus services union
* aus workers union
extra things trade unions do now by expanding range of services and becoming more active in recruiting to regain membership nos. & representation in disputes
- discounted/free legal services
- superannuation schemes
- training programs via TAFE
- whs ADVICE
GVTS & gvt orgs as stakeholders 5 roles
- legislator
* elected representatives pass laws in parliaments (State/federal)
* provide legal framwork for industrial relations
* legislation led to growth of judicial system & institutions & processes employer/ees use to bargaining & resolve disputes - employer
* fed & state gvts employ lots eg. teachers, police
* introduce practices eg. maternity leave, affirmative action for women eventually adopted in pricate sector - responsible economic manager
* gvts operating at macro lvl keen to ensure non inflationary, stable eco growth, high LS for aussies
* conflict betw gvt eco goals which impact industrial relations - administrator of gvt policies on industrial relations
* departments, agencies gvts can implement legislation by publishing info & guideliens providing advice to gvt & public & investigating breaches of legislation - representative of AUS internationally, foreign affairs, trade & international labour matters
* aus founder of ILO int labour org
* gvt implements legislation based on treaties & conventions it signs with international org
* social justic legislation passed for discrimination, human rights in treaties & conentiones
other things gvt as stakeholder
- try increase power to regulate industrial relations system through External Affairs & Corporations powers + more under Constitution of AUS
- recent gvt policy focus reducing powers of industrial tribunals & encouraging decentralised bargaining in the workplace (enterprise)
- introduced Fair Work Aus Act all states except WA refer industrial relations powers to Commonwealth, fed gvt aim to create national system to simplify industrial relations so employers not forced to negotiate under multiple jurisdictions & stop employees & unions from tryna find best deal
- to reduce bus costs by creating greater certainty & efficiency dealing w/ industrial matters
statutes as stakeholders
laws made by fed & state parliaments eg. laws relating to employment conditions
* before AUS operated dual system of industrial relations since federation
* arisen as Consituttion awards Comm GVT limited powers to make laws abt industrial issues & allows states to make laws abt matters not covered under Constitution (residual powers)
provide framework for awards, resolution of disputes requiring employers to:
* meet WHS requirements
* provide all employees w/ super, annual & long service leave
* ensure employment practices in workplace free from discrimination on basis age, sex, disability, marital status, family responsibility, union membership, political opinion, race
* give new employees Fair Work Info statement providing basic info abt emp rights (if emp covered by national industrial relations system)
what is the most important section of the Constitution for industrial relations
section 51, which gave fed gvt power to make laws for ‘peace, order’ ‘with respect to Conciliation & arbitration for prevention & settlement of industrial disputes extending beyond limited of any one state’
which meant:
* a dispute (actual/pending) must exist before tribunal can intervene
* dispute must be an ‘industrial matter’
* dispute must extend beyond 1 state
what does australai dual industrial relations framework mean (statutes as stakeholders)
- all private sector employees covered by a fed industrial relations system
- public sector workers in several states remain in state-based system
- implemented under FWA 2009 administered by fed gvt
- covers all employees of consitutional corporations (falls under section 51 (xx) of Constitution, foreign corps & trading/financial corps within limits of fed in all states & most private employees formerly covered under state awards & enterprise agreements
- gives employers &ees same workplace rights & obligations regardless state they work
- national framework for industrial relations covering most private employees of all states except WA
- 10 NES for basic employee protection
- collective bargaining
- modern awards for specific industries & occupations
- protection under unfair dismissal
- annual National Wage Case sets minimum wage
- FWC administeres FWA 2009 and fair work ombudsman responsible for promoting unified, supportive, productive workplace relations comply with FW laws
safety net for employees (Statutes as stakeholders)
122 modern awards (industry/occupation based award covers all private sector employers & ees who performthat work). replace existing national awards except those applying to a single enterprise). don’t cover employees earning higher incomes)
cover most employees in wide range industries, replace thousands of previous state & fed awards
* with NES and min wage order safety net for employees covered by national workplace relations system
* don’t replace enterprise awards (for specific enterprise)
award
legally enforceable minimum terms & conditions that apply to bus/industry
industrial tribunals and courts as stakeholders
industrial tribunals exist at fed & state lvls to enforce laws established by gvts
* FWC ensures bargaining process & industrial action occur according to law
* FWC settles disputes through conciliation, supervising making agreements/awards & award simplification (reducing no. matters in each award & eliminating ineff work practices), handling unfair dismissal cases
* assists resolving disputes involving employers & ees, unions, employer ass covered by national workplace relations system
* follows AIRC indus relations commission
* most work conducted by find members/groups responsible for specific industries/disputes skilled in mediation, conciliation, arbitration who come from diverse employment bgs and have exp/knowledge in 1/+ fields of workplace relations, eco, social policy, bus, industry, commerce
* panel of 7 senior members (FWC’s Expert Panel) responsible for hearing annual wage cases & setting min wages for emp in national workplace relations system
* breach FWC’s orders fines for find workers/corp entity
federal court as stakeholder
is a judicial court
* under AUS constitution only courts have judicial power (power of courts to interpret & apply laws) to determine disputes abt existing rights & make decisions
* fed court of aus has division enforcing industrial relations legislation by administering court actions that ariase under aus industrial laws
* handles cases relating to industrial action & breaches of I laws, interprets I legislation, can impsoe penalties for breach award and discrimination/victimisation under industrial & human rights legislation
* power to approve disamalgamation of unions, declare unauthorised action taken during a dispute & hear cases under the Coroporations Act 2001
other gvt agencies as stakeholders
AHRC aus human rights comission, WGEA workplace gender equality agency implement some areas of gvt legislation
* for WHS, federal National Occupational Health & Safety Commission Act 1985 established National Occupational Health & Safety Commission (now Safe WOrk Australia) began operating as independent statutory agency 2008 to improve WHS & workers’ compensation across AUS
* ACCI (chamber of comm & industry) & ACTU fed gvt developed with each state gvt standardise WHS systems in AUS, new framework for national occupational & WHS system
society as stakeholder
- if threats to employment/work conditions for voter’s job, from planned legislation, eco conditions, pressure from global comp, make views clear
- relation betw employers & ees frequent disputes & changes in legislation in AUS over last decades
- community demands for safety & wellbeing at work increased over recent decades with pressure to eliminate discrimination against female, ATSI, disabled members of workforce
- bus need to find ways to reduce biggest cost (labour) from global comp & employee needs esp w/ dependent families who often relocate production offshore/shift production regularly to lower cost locations –> structural u/e, work longer hours & accept hard working conditions to retain jobs
2 key articiles in the UN Declaration of Human Rights that deal with work
Article 23 & Article 24
* right to work
* right to freely choose employment
* fair work conditions
* equal pay for equal work
* fair & just remuneration
* right to form & join trade union
* right to leisure (limit working hrs & holidays)
What obligations are created by the employment contract?
creates obligations for both employer & ee
* all bus operate within legal framework of common & statue law (law passed by federal & state parliaments in Acts)
* legally binding, formal agreement betw employer & ee
* written more protection to both parties > verbal bc disputes occur over contracts if working arrangements arent clear & encourages parties to clarify key responsibilities of a job
* apart from statues, emp contract governed by common law, awards, agreements
1.
contracts of indefinite duration (most common,
allow emp to remain employed by bus until employee/er gives notice to terminate employment
* laws/contract itself determine period of notice
- fixed term
* define date/upon completion of specific task
* eg. employee engaged for 12 months & contract doesn’t exist beyond period/employee’s period of work cease to exist at completion of a project & relation ends
What areas does employment legislation cover?
- legislation covers nature of employment contracts & agreements, dispute settling methods (From international agreements)< protect human rights in employment, employer responsibilities for tax payments on behalf of employees
- WHS legislation for employee welfare
- Superannuation Guarantee legislation where all employers obliged (under awards/legislation) to pay super contributions for employees not/under awards
how do changign worker expectations influence legislation?
legislation & work practices increasingly reflects community & worker expectations on social justice (in workplace, bus being responsible/behaving ethical manner towards employees, customers, community eg. equal employment opp, anti discrimination), safety & enviro issues
what concerns arise with unregistered individual common law contracts & casual work
unregistered ind common law contracts, scasual work, independent contracting common for find employment arrangements, employees offered employment under take it or leave it arrangement
* arrangements shift responsibility of organising employment conditions (eg. leave) onto employee
* community concerns abt ‘privatisation of risk” as responsibility for support shifted from gvts & employers to employees (better for employers)
hwo has aus industrial relations system changed
shifted from strongly centralised industrial relations system in 1980s (collectivist approach which disputes referred to industrial tribunals eg FWC for conciliation & arbitration) to decentralised (employers & ees negotiate wages & working conditions in mind workplace through collective/ind bargaining w/o tribunal involvement
gvt role under Fair work act 2009
since 1980s, supported decentralsied view of industrial relations
* fair work legislation to ensure gvts role in employment contracts limited to create legal framework facilitating negotiation of enterprise agreements, NES, min wage & awards
influence of gvt on determining employment contracts & main role (fed)
diminished since Rudd gvt’s FW legislation 2007 & removal of Howard gvt’s AUS Workplace Agreeements
* in FWA 2009 ensure gvt’s role determining details of employment contracts would be indirect & limited to maintain integrity of orgs eg. federal FWC & state based NSW Industrial Relations to guarantee employees & ers w/ written/verbal contract assured procedures to rectify concerns that their arrangements don’t accord with the existing framework
* Department of Educ, Skills, Employment takes gvt main role in AUS employment to:
* ensure quality, affordable, accessible early edu & care for families
* improve schooling outcomes for children
* prepare future workforce through globally competitive tertiary edu, training & research sectors
* help ppl find & keep job, create & change jobs, reskill,
* develop effective policy understands various needs of AUS population business & industry
GVT
* provide services to assist employers retaining staff, recruiting new staff, info to help displaced workers transitioning to new employment
* provide wage subsidies, advice for hiring staff, directing staff when workers need to be retrenched
influence of state gvt in process of determining employment contracts
NSW Industrial Relations to monitor wages, employment rights, obligations & employment conditions for public servants (ppl work for state/local gvt)
* actively participate as partner in Comm’s national workplace relations framework
independent contractors
usually self-employed and have contract for services betw a principal & contractor than contract of service employers have with employees on individual emp contracts
* don’t have same rights as employees
* control over their work
* responsible for own tax payments
* can work for many bus
* firms bypass requirements of emp contract eg. leave entitlements
what happens if theres a dispute between a business and a contractor
‘control test’ used by courts where extent of employer/ee relationship unclear
* if independent contractor working for company who clearly had right of continuous dominant control over contractor, seen as employer
* regular payments of salary/wages, regular/specific work hrs, deduction of PAYG tax evidence of employer-ee relation
when is a contract valid & legally enforeceable
- parties involved intent to create legal relation
- 1 party offers and other accepts
- both parties benefit
- both parties have capacity to contract (eg. old enough)
- genuine, not pressured consent
- offer doesn’t contravene any public interest
benefits of a well-written employment contract
- correctly drafted employment contract benefit both parties LT
- ensure expensive litigation & neg public relations avoided
- well written ensures emplyoemtn relationship commence right
- should contain stuff in fig 18.11
- independent contractors also have one but lil diff from employer-ee contract
common law
law developed by courts & tribunals
* unlike statutes not made by parliament
* judges make decisions based on facts of a case guided by precedent (decisions made in past)
* case law developed from decisions judges make over time
* both parties (employers & ees) havebasic obligations in relationship regardless in/formal contract
employer obligations under common law
- providing work
- not required to provide work if there’s none but must pay correct wages
- pay income & expenses
- income (wages, commission, fees) in award, enterprise agreement/contract
- reimburse employees for expenses incurred from performing work
employer rights in workplace under common law
- employees carry work according to agreement/award (good customer relations, accountability for money/property)
- meeting requirements of industrial relations legislation including:
- workplace & work practices eg. equity (equal emp opp to gain access to jobs, training, careers) policies & promotion free from discrimination under fed & state gvt legislation
- workers protected against unfair dismissal, only if don’t obey lawful instructions (insubordination), neglect duties, guilty theft/dishonesty, serious misconduct, fail meet conditions of emp contract
- duty of care (employers legally bound under fed & state WHS Acts to provide for employees safety by:
- provide safe premises don’t expose risk of injury, health
- resources, info, training, supervision ensure healthy & safety of workers
employee obligations under common law
- maintain confidentiality & not use info eg. slaes figures deterimental to bus operation
- follow written & verbal procedures & policies
- honest, fair, work with integrity w/ colleagues & customers
- give appropriate notice of termination of employment according to relevant award
employee rights uner common law
- pay recorded by employers , paid for all time worked including overtime
- receive extra pay eg. loading for casuals & penalty rates for work outside usual hrs
- access to paid & unpaid leave entitlements
before start job find out 5 things
- what duties & conditions are
- whtehr ob full,part,casual
* wages & allowances are
* job classification
* if there’s a probationary period
minimum employment standards under common law
10 NES provided by employers stating min conditions for employees
* provide greater safety net for employees esp most vulnerable & low paid in workforce
* basis where modern awards & enterprise agreements constructed
10 national employment standards
-
max weekly hrs of work
* 38hrs/week, additional if reasonable -
requests for flexible working arrangements
* parents/carers of children <18 can request change for childcare -
parental leave & related entitlements
* up to 12 months unpaid leave for every employee
* right to request another 12 months unpaid leave & other forms -
annual leave
* 4 weeks paid leave per year, some shift workers get another week -
personal/carer’s leave & compassionate leave
* 10 days paid p/c’s leave
* 2 days unpaid c’s leave
* 2 days compassionate leave (casuals unpaid) -
community service leave
* unpaid leave for voluntary emergency activities & leave for jury service (paid up to 10 days) -
long service leave
* ??? -
public holidays
* paid day off on public holiday unless requested to work -
notice of termination & redundancy pay
* up to 4 weeks notice of termination (45+yo 5 weeks w/ 2/+ yrs continuous service)
* up to 16 weeks redundancy pay based on length of service -
provision of fair work info statement
* employers must provide to all employees abt major employment matters
min wage rates under comon law
employee’s base rate of pay for no. ordinary hrs they worked
* determined by a modern award/eneterprise agreement/national min wage
* reviewed by FWC’s Expert Wage Panel yrly from first pay period after 1 July
* employers & ees cant agree upon pay rate less than min wage
wage theft (case study)
underpaying award rates & entitlements eg. overtime, super, penalty rates
* young, low skilled, temporary migrants most vulnerable
* food services, outsourcing, franchises, gig ecos sectors most common
* employers lack of responsibility workers see underpayment as unavoidablea
awards under common law
legally enforceable min terms & conditions apply to bus/industry
* modern awards in industrial relations system tried simplify 2400 older ones into industry/occ based categories to reduce confusion on proper min employment entitlements
* 100+ industry/occ awards cover most AUS workers, no. changes when FWC reviews em every 4 yrs
* applied on top of NES
* basis for negotiating enterprise agreement
includes:
* base pay rates
* conditions & requirements for diff types employment (full, part, casual)
* overtime & penalty rates
* allowances
* leave & leave loading
* work hrs
* annual wage/salary
* super entitlement
* conditions & procedures for consultation, settling disputes
* redundancy conditions
modern awards also have a ‘flexibility term’ what is this?
allows employers & ees to negotiate changes to some conditions in MA called Individual Flexibility Agreements (IFA)
* ALLOW EMPLYOER & EE TO AGREEMENT VARIES MA/EA to address find circumstances
* cant undermine min employee entitlements nad employee must be better off (financially ssessed) on IFA compared to award/EA
IFA only addresses:
* arrangements when work performed (work hrs)
* overtime rates
* penalty rates
* allowances
* leave loading
enterprise agreements under common law
collective agreements (made betw group of employees/1.+ unions representing employees) & employer/group of employers made at workplace/enterprise lvl betw employer & group of employees abt terms & conditions of employment
* offer broader terms & conditions than modern award as alternative
* strict rules in EA process to ensure parties bargain in good faith & negotiate in timely, fair manner
key features:
* can cover rates of pay, penalty & overtime rates, allowances, hrs of work, personal & annual leave, nominal expiry date
* approved by FWC
- passes better off overall test BOOTO ( employees covered by agreement better than under relevant MA)
- covers matters can be included in EA
_ nominal expiry date within 4 yrs of FWC’s approval
- dispute settlement procedure (option for disputes to be brought before independent person eg. FWC for arbitration if parties agree)
- provides opps for employees represented by bargaining representative
under FWA 2009 3 types of EA
1. single-enterprise agreements
2. multi-enterprise agreements
3. greenfields agreements
3 types of enterprise agreements
under FWA 2009
1. single enterprise agreements
* made betw single employer & group of employees
* can involve 1+ employer in some cases eg. 2/+ employees in joint venture
- multi-enterprise agreements
* betw 2/+ employers & groups of their employees
* if share common funding, operate collaboratively, have common regulatory system eg. group of hospitals - greenfields agreements
* single & multi enterprise agreements relating to new enterprise of employe/s made before any employees covered by agreement employed
* made with 1/+ relevant unions
what is the most common method of setting pay for full time employees
collective agreement eg. award, EA
other employment contracts under common law(?) aka individual common law employment contracts
individual contracts of service covering emplyoees not on federal/state agreements esp earning higher incomes
* more common in private sector esp non-union enterprises, wholly owned foreign firms, wholesale trade, property & bus services
* more common at professional & managerial lvl, workers earning $153600+ per year but changes annually
* written/verbal
* many informal and offer much less protection than other agreements
* provide conditions equate with min provisions of related awards otherwise breach law
comparing process of negotiating enterprise/collective agreements w/ negotiation of individual contracts
*EAs between 1/+ employers & ees negotaited through collective bargaining and usually at enterprise lvl
according to FWA, EA should include
* terms abt relation betw parties to agreement
* deductions from wages authorised by employee
* how agreement will operate, nominal expiry date less than 4 yrs from FWC approval
* dispute settlemend procedure relating to MA/NES
* refer to IFA
* consultation terms if major changes affect emplyoees significantly
EAs are registered agreements (doc betw emp&ee on emp conditions) can apply to 1 bus/group of em
bizfact what are 4 things FWC permits an official to?
- investiage suspected breaches of FWA 2009 & other workpalce laws
- investigate breaches in textile, clothing, footwear industry workers
- hold meeting with empoyees
- exercise rights under WHS laws
- all employees have individual contract w/ their employers determining the rights & obligations of both parties which must meet min requiremenents under FWA including conditions identieied in NES & national min wage
- employees dont fit usual EA are award & agreement gree, have employment contract must include remuneration, hrs of work, breaks & overtime, public holidays, leave & termination of employment cant be worse off than min entitlements
independent contractors (other employment contracts)
aka consultants/freelancers undertake work for others but dont have same legal status as employee
* undertake contract, service for another bus & work for multiple clients,
* tend to have set term/project for contract
* control own work
* can delegate some of their work to others
* submit invoice on completion of a task/project
* FWC via Independent Contractors Act 2006 provides clear set of criteria developed through past test cases to determine if someoen contractor/employee
* carries msot risk on job undertaken including covering own sueper, tax, insurances, leave (why many employers prefer rely on independent contractors bc allows employment risks)
* employees, owner managers of incorp enterprises & owner managers of unincorp enterprises
* most are male (technicians & trade workers, professionals) then older than 45, women were mostly professionals
contracts for casual work as other employment contracts
women are half of casual employees, most aged 15-24, also students
* casual emplyoees in ST, irregular, uncertain employment & not entitled to paid holiday/sick leave
* paid on hrly/daily basis
* employers prefer bc reduces costs for recruitment & dismissals & on-costs (add costs hiring employee above wage costs, leave entitlements, super, redundancy payments like 25% of wage)
* get 20-25% loading to compensate lack of entitlements & job security
* 2 days unpaid carer’s leave & 2 days unpaid compassionate leave per occasion, 5 days unpaid family & domestic violence leave in 12 month period & unpaid comm service leave
* if employed regularly/long PIT, can eligible for super & long service leave after 12/+ months regular employment, can request flexible wrking arrangements/parental leave
* miss out on training & promotion, fluctuating income, diff obtaining credit, less committed to orgs that employ them
* if employer & ee agree than casual can change to part/full anytime
bizfact most popular occupatiosn for casual workers
sales assistants & salespersons,
* hospitality workers
* sales support workers
part time contracts as other employment contracts
trend towards part time work in AUS increasing
* rise of 2 income HHs and greater work life balance
* however underemployment
* continuing employment contract, work <38hrs pwe week
* unlike casuals access employment entitlements to full timers but pro rata basis (in prop to % time work compared to full time)
Work health and safety WHS (legal influences)
growing community & worker awareness of safety & enviro issues, surging compensation costs recent decades prompt federal & state gvts to improve WHS
* 1985 comm gvt conc
* offence to dismiss employee/alter job to their detriment bc they pursued a WHS manager, managers must actively support supervisors solving WHS ISSUESerned high lvls injury & illness in workplace introduced National Occupational Healthy & Safety Commission Act 1985
* Safe Work AUSTRALIa established to conduct research & develop national standards, codes of practice, WHS legislation ensdoresed by state gvts
* 2011 June NSW gvt passed WHS Act for safety & protection of employees
* common law supports legislation developed by the states by requiring employers provide competent staff & reasonably safe system of work & since SWA worked with state gvts to harmonise WHS laws to improve productivity by reducing compliance costs of bus & improve quality WHS conditions
in NSW, under WHS Act 2011, the following is required:
- employers ensure health safety & welfare at work of all employees by providing safe system of work (plant & substances handled, stored, transported safely, give employees info abt em, training & supervision in work, maintaining site in safe condition, goods they design, supply, install, repair wont injudre others
- all employers take out workers’ compensation insurance or face imprisonment/monetary fine
- compensation scheme generates its funds via premiums paid by employers & provides medical & financial support to injured workers
- premium paid depends on industry bus in, amt wages paid to workers, costs of claims made by injured workers
- health & safety committes established at workplace 20+ employees if requested by majority employees/directed by SafeWork NSW
SafeWork NSW recommends employers use 6 step approach to WHS to prevent accidents, disease, injustires & work-related ill health (fig 18.17)
who is responsible for WHS?
employers, manufactureres, designers & suppliers, ppl in control of workplaces, ppl who erect & install plant & equipment, employees?
everyone!
which industries where workplace accidents resulting in death most common?
transport, postal, warehousing industries
unions active role in WHS
ACTU conducts own surveys abt employment security, working hrs, etc see like half suffered health problems bc of working arrangements (stress!, fatigue, accidents)
in best practice businesses, how does management implement WHS stuff?
management undertakes regular safety audits, benchmarks performance, implements comprehensive safety programs
* visisble policy statements, safety signs
* regular ongoing training for staff who are aware of safety rules & prepared for emergencies
workers’ compensation
range of benefits to employee suffering from injury/illness related to their work
* also to families of injuremployees when injudy/disease was cayused by/related to work
* covered by state legislation unless they’re fed gvt employees
* NSW , workers’ compensation administered by State Insurance Regulatory Authority (SIRA) and Insurance & Care NSW (icare)
* compensation (financial benefit) provided if suffering injuries/inllnesses (inc psychological) developed form work
* supports injured workers by providing benefits & assistance to recover & return safe, ongoing work if possible
SIRA & icare in workers compensation from NSW GVT
- SIRA regulates workers compensation to ensure equitable system & support workers w/ injuries related to their employment
icare assists w/ insurance & care services for injured ppl in workplace to improve QOL and assists with their return to work. employers must:
* take out a policy w/ licensed insurer (get injured empoyees back to work asap)
* keep time & wages records, register of injuries, complete accident & internal investigation forms or face financial penalties/6 months in jail
* notify insurers of sig injuries within 48 hrs
establish in consultation with insurer and employee’s doctor an injury management plan & return to work plan when fit. faily to comply with plan (can employ rehabilitation coordinator) can result in increased premiums for employer/lose benefits for employee
* prmiusms closely linksed to no, frequency, size of claims so in employer’s interest to acheive high standards for WHS, must pass on compensation monies to person entitled asap
workers compensation diff types of claims with specific eligiblity criteria
- medical treatment & rehab expenses
- weekly payments
- psychological injury
- permanent impairment
- work break & journey injuries
- hearing impairment
when making claim, require medical evidence that person suffered from injury/illness from work, can be supported w/ legal assistance
workers compensation when benefits non/payable
- benefits may not be payable if employees deliberately injured themselves/solely responsible for injury through misbehaviour/conduct but if permanent disablement then yes
- benefits payable if employees exp total/partial incapcity to form work, need medical, hospital, rehabilitation treatment,
- lump sum payment & weekly payment to dependants payable if worker dies from injury
- BENEFITS may not be payable if employee going to/from work subs increases risk by deviating from/interrupting journey
eligibility/lump sum payments & calculating them under statutory law based on (workers compensation)
principle of thresholds for degree & body ‘permanent impairment’ ( loss of use than disability)
* injured workers entitled to weekly payments, lump sum payments for permanent impairment, paid medical bills, legal support to pursue claim & rehab assistance
if a worker suffers an injury in the workplace, who have responsibilities to ensure they’re provided with benefits & assistance to recover & return to work? (workers compensation)
employer, injured worker, insurer, treatment provider
provisional payments under workers compensation
enable insurer to pay weeekly payments & medical expenses while awair claim processing
* iweekly payment up to 21 weeks & pay medical expenses up to $10 000
* weekly payments consistent with policy assisting emplyoees back to work which means higher payment in 1st 13 weeks and mx weekly compensation at $2224 to incentivise return to work
* workers payments cease after 2.5 years unless total incapacity for work, otherwise after 5 years
max penalty for false claim under NSW wORKERS cOMPENSATION Act
* i
$55 000 or 12 months imprisonment or if insurers delay commencing payments, penalties u pt o $50 000
common law redress during workers’ compensation
employees can take action against employer if
* they/another employee negligent/breached duty
* if employee has permanent body impariemtn 15+%
* injury occurred at least 6 months before claim
* common law action aka work injury damages for serious diseases heard in the District/Supreme courts depending on claim size
- once emplyoee acheived a settlement, no further payments
- if employees unsuccessful, continue receive workers compensation under statutory law
- must consider legal advice before seeking damages under common law redress
- employees cant claim BOTH damages at common law & lump sum compensation for permanent impairment udner statutory law
- Workers Compensation Commission free service conducts conferences to resolve issues between injured workers & employers
discrimination
when policy/practice disadvantages person/group bc personal characteristic irrelevant to performance of work
* harrassment (offending behaviour) & vilification (disriminatory public act)
* ppl who suffer can take actions internally, formally, informally
what is anti-discrimination legislation for
protect employees from in/direct discrimination in recruitment, selection, training, promotion, remuneration, termination & opps to access other emp benefits/practices
to prevent discrimination & avoid large fines, employers need to
- comply w/ legislation
- audit all policies & practices to ensure they dont discriminatie
what 3 legislation must employers & managers working in HR need to be familiar with (anti-discrimination)
Human Rights and Equal Opportunity Commission Act 1986 (Cwlth)
Affirmative Action (Equal Employment Opportunity for Women) Act 1986 (Cwlth)
Sex Discrimination Act 1984 (Cwlth) and the Anti-Discrimination Act 1977 (NSW)
3 agencies available to support anti discrimination legislation for employers & managers are
- Australian Human Rights Commission,
- Workplace Gender Equality Agency
- Anti-Discrimination Board (NSW).
under discrimination laws, illegal to take adverse action in employment on someone’s:
race, sex, age
physical or mental disability
religious faith or political opinion
social origin
marital status
pregnancy
for anti-discrimination what protection has been enhanced under the Fair Work Act?
- allow freedom for non/members of union
- protection in dismissing employee, changing their job to their disadv, treating them differently, refuse to employ potential emplyoee, not offer potential emp all terms & conditions normally in job
strategies by business to eliminate discrimination
- writing and communicating policies to prevent discrimination and harassment, including a code of conduct
making sure all policies and procedures are documented and accessible to employees, offer informal and formal options, and guarantee timely responses, confidentiality and objectivity
training staff in diversity issues and ways to prevent or deal with discrimination and harassment, primarily using interactive training programs
grievance procedures (formal complaint procedure at work) eg. harassment
outcomes from a complaint
influenced by evidence, previous incidents, wishes of person exp discrimination, severity & frequency of discrimination/harrassment
a formal apology
counselling
official warnings
mediation or conciliation
disciplinary action.
employers handling anti-discrimination complaints
need take reasonable steps on case-by-case basis bc large corp capable of diff lvl action than small bus
* emplyoer associations & antidiscrimination agencies can help bus develop strat ensure consistency & fairness in handling
* emplyoer can be held liable if employee harrassed/discriminated against another/group, contract worker, director, supervors, manager, trade union representative
equal employment opp
equitable policies & practices in recruitment, selraining, promotion
* ensures best person job chosen, bus gains person w/ skills & abilities most appropriate to needs, positive work enviro promoted
* lvl equity reflected in extent women & minority groups access diff occupations & positions within bus & grievances expressed/legal actioparln on discrimination/harrassment
* gender euqlaity in workplace encourages stronger applications esp women, entice more highly educated female applicants, reduce staff turnover costs, encourages diverse perspectives for bus performance internally & nationally
if employers have 100+ employees at higher education institutions what program are they obliged to develop for EEO?
affirmative action (measures to eliminate in/direct discrimination to cvercome lack of EEO for women) program in consultation w/ employees & provide progress report to WGEA
WGEA act and how WGEA achieves this
Workpllace Gender Equality Act 2012 to promote & improve gender equality & outcomes for women & men in workplace by:
* Non-public sector employers with 100+ employees required to report annually on gender equality indicators such as workforce composition, pay gaps, and promotions.
Data Analysis and Benchmarking: evaluates the data, provides industry benchmarks, and identifies areas of gender inequality for improvement.
Resources: Offers guides to help businesses implement gender-inclusive strategies, like conducting pay equity audits and promoting flexible work.
Advisory Services: Provides consultations, training, and tailored advice to help businesses create inclusive, gender-balanced workplace environments.
what happens if a firm fails to lodge report/submit a report not complying with the WGEA Act
- pubicly names in a report in parliament receiving sig media publicity
- excluded from gvt contracts & industry assistance grants
WGEA aim
remove discriminatory employment barriers & take action to promote equal opp for women in workplace
aim of gender equality in the owkrplace and how this is achieved
acheive equal outcomes for men & women
* equal pay & conditions for women & men for work of equal/similar value
* facilitate access to all jbos & industires inc leadership roles
* eliminate discrimination on basis of gender esp personal responsibilities (family)
for EEO, bus need to comply with discrimination provisions of which act? what does it include? what about FWC
Fair Work Act
* broader provisions for most areas employment
* FWC take action & make order to ensure no existing/proposed award/ EA discriminated
what 7 areas does WGEA recommend bus focus on to improve equity within bus?
- recruitment (most gender discrimination)
- promotion & separation
- equitable total remuneration
- training & career development (access all occupations)
- work & lfie balance
- sexual harrassment
3 practical strats thatcan be used to improve affirmative action & gender equity
- develop code of practice (guideline comply w/ legal duties under WHS Act)
- make equal opp awareness a criterion in promotion
- performance appraisal (regular review emp job perf & contr to bus)
economic cycle (eco influences affecting HR)
demand for labour (emp) derived from demand for g&S in eco
* labour shrotages during eco growth (peak, expansion in BC) employers compete by offering higher wages
* unions can use bargaining power to demand wage increases –> upward pressure on prices & costs –> inflation
* downturns (trought)/recession phase of BC, demand for g&S falls –> bus forced reduce size workforce (Downsize) & limit capacity to provide wage increases
subdued wage growth in aus bizfact
low pay increases persist
* sluggish growth need aus eco mroe competitive, tech change, higher rates casual employment, global trends, existing spare capacity some sectors
sturcutural change as eco influence on HR
change nature & pattern of prod of g&s within eco
* sig growth in lvl services compared to other sectors
* property, retailing, trades, tourism, education, hospitality, community services industries trad dominated by women
* recruitment, selection, remuneration more im industrial issues as sectors grown
* ageing pop –> flexible staff arrangements, retention, mentoring
* customer service-based insutires need eff training & staff empowerment for success
‘new collar workers’
technologically proficient, interpret data, understand trends, and know how to initiate technological improvements rather than just having traditional computer skills.
history of structural change in HR
1950s, manuf 1/3 of workforce and GDP eg. cars, footwear, clothes
* post ww2 manuf supported by tariff walls encouraging consumers buy local goods
* protection of AUS manuf bus sig growth 1950s and 1980s
* gvts decided ongoing protection unsustainable and removing be more competitive manuf sector
* 2020 apndemic exposed aus small manuf sector & disrupted globa supply chains
* local bus shortage of goods often outsourced globally, uncertain trade relation w/ China
* potential growth in manuf after eg. food, dmining, engineering, renewable energy
* climate change globalalt energy sources needed where AUS abundant (wind, sun, land) natural resources opp to reestablish manuf
globalisation as eco influence on HR
^ lvl international comp
* aus bus compete daily with local subsidiaries of TNCs
* many restructure, outsource non-core functions/subcontract production to compete
* domestic and transnational corps prepare to relocate prod units other cities, states, countries where dispute lvls, labour & regulatory costs lower
* increase need to attract & retain motivated core staff & make continuous improvements in productivity, costs, innovation, quality, customer service
* enterprise bargaining allow employers trade-off restrictive/ineff work practices for wage increases in indutrial agreements to sig imp profitability
* training to manage multicultural workforces diff approach to authority and roles
* increase role for international orgs ego ILO and trade blocs (EU, WTO) to promote trade bew countries adhere to social justice principles eg. child labour
tech influences on HR
major source improvement in productivit,y communication, comp betw bus
* change nature of prod & services, job creation, redundant as well
* bus restructuring as often offshore networks increase use virtual teams using video tech
* electronic comms options allow operate anywhere anytyime & harness staff via telecommuting major opp to access employees at home esp developing nations otherwise disadv traffic congestion/distance betw office
* new comms tech increase need ongoing training programs & new protocols to ensure worklife balance maintainined (expect available 24/7)
changing work patterns as social influence on HR
- last 2 decades dramatic growht in PT & casual work bc growth finance, retail, hospitality, community service industries
- msot PT workers dont wanna work add hrs, flexibility balancing work & personal life ‘labour fragmentation; work patterns changing
- recently drift away from trad full time employment towards PT employement esp among women
- work life balance, others interested add education & training or ease into retirement
- casualisation of workforce bus seek more flexible workforce change work patterns
- many casual workers wanna work more hours althouth search flexible work arrangements, most want paid holiday/sick leave
career flexibility & job mobility as social influence on HR
increased,
* workers more control over careers
* job mobile, FT employers barely work for current employer 5+ yrs
* msot mobile are aged 20-24 aus born/english speaking bg in retail/hospitality indusries
* many leave FT positions after developing specialist skills & ecp to beocme independent ocntractors/consultants
* creative, knowledge-based field like edu, IT provide most flexibility in workplace esp women in these occupations seek PT, casual, flexible work & work from home options
* bus & gvt recognise by providing increase options for employees
increase participation rates for women & older workers as social influence on HR
% group of inds of working age (15/+) employed/actively seeking work
* increased over 3 decades as women & older ppl join workforce
* since 1980 PR females 25-54 increase 20+ % (changeing social expectations, ^ edu lvls, improved access to childcare & more flexible working arrangements)
*v childcare availability, flexible rs, removing discrimination
* PR ppl aged 55/+ increased as incentives to work longer (super?), increased emp opp in less physicalyl demanding services sector, longer lfie expectancy
ageing of workforce as social infleucne on HR
increase avg age pop due to sustained low fertility & ^ life expectancy
* prop fewer children under 15 and more ppl older age groups
* shortage of skills
* flexible working arrangements like job share, PT, contracting esp women concnentrated in health, edu, society
* bus & gvt respond by upskilling pop, create incentives to encourage staff postpone retirement & transfer skills to those remaining in workforce
* removing discrimination in recruitment of older workers, opp to update skills
early retirement as social influence on HR
from full time work
* avg ageretirement from FT work increased to avg 53 yrs (males work longer by 10 yrs)
* participation in PT much higher as older emplyoees gradual withdrawal approach to retirement
* common reasons are eligiblity for uper
* growing no. returning to work in pT capacity following retirement for financial reasons
* compulsory retirement illegal unless someone on federal award/agreement states compulsory retirement age
living standards as social ifnluence on HR
WHS, regular wage increaes, performance bonuses, fringe benefits, leave & super
* global comp pressure on LS
* companies who undercut conditions via excessive outsourcing & casualisation of workforce/shift prod/operations offshore to reduce costs & increase profits challenged by unions keep high LS
* casualised workers diff purchasing assets (homes) managing finances & debt w/ uncertain, unstable income
* social expectations for home ownership, holidays, consumer goods rising participation of women in FT & PT work & rising retirement age for women
conflict betw desire for high LS through work life balance
* electronic comms blur work & home life (email, mobile phone) epxpectation that employees & bus always active
* lack support for carers in community, gvt respond by implementing legislation to encourage workplaces become mroe family friendl (carer’s leave, job share, part time, flexible work hrs)
aus concerns of LS and working life (living standards as social influence)
- ^ incoem inequality as growth real wages lag behind profit growth & widening gap betw avg male & female wages(?)
- casualisation of workforce, pressure on family finances & life
- increasing pressure manage finances as gvts retreat from welfare & encourage ind responsibility for retirement, healthcare, edu, debt management
- lack work-life balance with long work hrs & lose holidays & weekends w/ families
increasing glboal trend for women to family finances
women as family’s breadwinner to improve financial security
* ^ femal PRs, male u/e or underemployment & desire to acheive career goals greater contribution
* trad male breadwinner & female homemaker challenged
ethics & CSR influencing HR
ethical bus practices socially esponsible, morally honourable, fair
* if HR issues in workplace not handles ethical, legal, socially responsible manner –> poor morale, low productivity, high costs, industrial disputes
CSR waty bus considers financial, enviro, social impacts of its decisions aka ‘triple bottom line’
* HR policies & procedures of bus integral component of its CSr
how bus exhibit CSR in manageing HR - what will a sociall responsible, ethical emplyoer recognise?
- working enviro & working conditions motivate & retain staff
- maximise perf & motivation when staff feel secure, recognised, valued & rewarded for efforts
- bus depends on community support as source of staff and source of bus (customers) & resources
- commit management to ethical workplace culture
- teamwork
- customers eventually find out which bus acting responsibly/not
