Workplace Flashcards
Fair Work Act 2009 (Cth)
- was introduced and simplified all the laws
- covers almost everyone working within Australia, except state public service (e.g.- teachers) who are covered by the NSW Industrial Relations Scheme
- These laws are regulated by the Fair Work Ombudsman and Fair Work Commission, who hear complains and make rulings.
Trade Unions
- Power in numbers
- They use to be extremely important because almost every Australian worker was a part of one.
- However, in more recent years, legislation such as the Fair Work Act 2009, encourage individuals to resolve disputes and barging within themselves.
Contracts: Of Service
- An employment contract where you are paid for the hours you work
- The legal relationship continues as long as the person continues to work for the given employer.
- The rights for both parties include; fair treatment and the employee upholding their duties.
Contracts: For Service
- An employment contract where you are paid for the service you provide
- Legal relationship continues until the service is complete
- After that, no obligations between both parties.
Contracts: Express and Implied Terms
- Express Terms; are set out in writing in the contract
- Implied Terms; are not set out in the contract but are assumed to apply through the contract
- Because they are not set out in the contract, they are harder to enforce
Awards
- A legal document setting out the basic terms and conditions of employment in a certain industry
- The higher up you are in companies/positions, the better the working conditions are.
- The award is the net of the work force.
Agreements
- An agreement are the terms and condition of employment in a certain business.
- Enterprise Agreements are the wires that support the safety net
- Most businesses have both an award and an enterprise agreement.
Statutory Conditions: Federal
- The legally enforceable conditions businesses must comply with
- Fair Work Act 2009 is covered under federal law and most Australians are covered under this act.
- New Agreements had to be submitted to the Fair Work Commission, and can only be approved if they provide better standards then the relevant award. They must past the ‘better off overall test (BOOT)
Statutory Conditions: NSW
- The legally enforceable conditions state public sector businesses must comply with
- Industrial Relations Act 1996 (NSW). So same as above
Industrial Relations
Federal Industrial Relations Framework
IR - Federal Industrial Relations Framework
- The framework for regulating disputes within the workplace
- Under the Fair Work Act 2009, the government makes laws about conciliations and arbitration.
IR - Fair Work Ombudsman
- An independent statutory authority whose role is to investigate complaints and ensure compliance with the Fair Work Act
IR - Industrial Action
- The protest actions that employees and employers may take in negotiating a new enterprise agreement
- Industrialized action is similar to a protest against ones work
- Employees are only allowed to take industrialized action if;
a) Existing enterprise agreement has expired
b) They have informed the other party
c) The Action is a genuine attempt to reach an agreement.
IR - Negotiations between Employers and Employees
- Face-to-face discussion between an employer and their employee to reach an agreement. (workplace bargaining)
- If negotiating a contract between the two parties, the employee may ask for some bonuses such as higher pay or extra leave etc.
- The company would have to provide a contract that keeps with the award and agreement, in order to come to an agreement.
IR - Mediation
Involves open discussion between employers and employees, in order to arrive at a mutually beneficial agreement that increases the chance on compliance
IR- Arbitration
Involves hiring an independent 3rd party to hear the dispute and make a decision.
DR - Negotiation
Attempt to come to a resolution through discussion
DR - FAIR WORK OMBUDSMAN/COMMISSION
Where internal dispute resolution mechanisms have failed, the FWO and FWC may step in to make a binding decision
DR - Evaluation
The effectiveness of dispute resolution mechanisms is dependent on the level of trust and friendship already existing in the relationship.
Compliance between both parties is key.
Courts and Tribunals
Fair Work Commission
Main tribunal that hears workplace disputes and breaches of employment law
Courts and Tribunals
Federal Circuit Court
Higher Court that deals with bigger issues, appeals and illegal industrial relations
Government Organisations
Fair Work Commission
Tribunal that overseas industrial relations. It can set minimum wage and can approve enterprise agreements
Government Organisations
NSW Industrial Relations Commission
Is the NSW version of the FWC and hears disputes, reviews awards and agreements and can register employers and employees
Government Organisations
Fair Work Ombudsman
Not a tribunal but can investigate and enforce laws, represent employees in cases before the FWC
Discrimination
- The unfair treatment of a person on the basis of specific characteristics about them
- Anti-Discriminations Act 1977 (NSW)
- Workplace Gendered Equality Act 2012 (Cth)
- These acts are enforced by the Australian Human Rights Council, Fair Work Ombudsman and the NSW Anti-Discrimination Board.
Gender Discrimination
- According to the Workplace Gender Equality Agency, there is an 18% pay gap between men and women.
- Equality is difficult to enforce due to the subtle nature of the discrimination
- The act makes it mandatory for workplaces to develop programs to improve gender equality. But lack of informant of these programs
- 2011 Fair Work Commission – Pay Equality Research, found that women who worked in childcare, aged care and disability services are entitled to a 30% pay increase.
Sexual Discrimination
- Discrimination, generally in the form of forced retirement) against mature age workers on the basis of their age.
- Age Discrimination Act 2004
- Because cases of age discrimination have become so common, as of 2011, and Age Discrimination Commissioner was brought in
Discrimination NGO - Education
- over the years, Australia is now seen as one of the most multicultural countries in the world.
- Also through education, gender discrimination and the treatment of ATSI people have now draws the attention of people in more recent years.
Discrimination NGO - Committee for the Economic Development of Australia
- 93% of women believed there are still barriers that exist
- Plus, 51% have experienced discrimination first hand
Legal responses to discrimination
- Anti-Discrimination Act 1977
- Industrial Relations Act 1996
- Sex Discrimination Act
- Racial Discrimination Act
- Age Discrimination Act
- Workplace Gender Equality Act
NSW Anti-Discrimination Board
- Anti-Discrimination Act 1977
- Recently, they published guidelines for local council in order to reduce discrimination.
Mayer v Australian Nuclear Science and Technology Organisation
- Anti-Discrimination Amendment (Cares’ Responsibilities) Act 2000
Mayer went on maternity leave and when she returned, she requested to go part-time. But the company refused so Mayer sued and gained compensation.
Safety outlook
- It is in the government’s economic interest to improve workplace health and safety
- In 2009, 337 workplace deaths occurred and 140,000 in injures
- This costs the gov. $60 billion per year in lost productivity
Safety legislation
- Workplace Health and Safety Act 2011, provided consistency, clarity and better training procedures to provide a safer environment
Duty of Care: Common Law
- All employers owe a duty of care to their employees to ensure their safety in the workplace
- Employees have an implied duty of care
- If an employee gets injured or sick as a result of the workplace, the employer pays
Duty of Care: Statute Law
- Under law, employers must have compulsory insurance to pay for employee injury or illness.
- Workers Compensation Act 1987
- Workplace Injury Management and Workers Compensation Act 1998
Safety - Paspaley Pearls
- In 2012, and employee died while pearl diving
- He was new and was told to hold onto the moving boat
- As a result, Paspaley was charged with providing an unsafe work place
Safety - Brodie Panlock
- Recent reform have resulted in bullying being classified as a thread to workplace health and safety.
- Brodie was bullied at work, which lead to her committing suicide
- The workplace was fined as $220,000 for not providing a safe working environment
Safe Work Australia
- A government side body established in 2009 to investigate issues of the workplace health and safety
- Created under the Fair Woke Act and its role was to improve workplace health/safety/ workers compensation
- It hears issue and complaint then provide advice to the government
Work Cover NSW
- A semi-legal body that investigated and monitors workplace issues
- Develops injury management programs
- Example, they investigated the UTS crane collapse in order to see if there was possible negligence from the site in the contraction process
ComCare
- Non-legal organizations ensuring compliance with government policies
- The government set out the plan and ComCare ensures that workplaces comply with the plan
- ‘Test don’t Touch’ campaign which improved the safety of electricians.
