unit 3 aos 2 part b Flashcards

1
Q

termination

A

working rely ends due to employee leaving business either voluntarily or involuntarily

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2
Q

types of termination

A
  • voluntarily
  • involuntarily
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3
Q

voluntary termination

A

employee makes decision to leave
- can be thru retirement or resignation

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4
Q

involuntary termination

A

business decides to terminate employee

  • can be thru redundancy or dismissal
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5
Q

termination management

A

employees must be treated fairly and lawfully
emotional for both parties

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6
Q

termination management involves … listed

A
  1. respect
  2. dignity
  3. the best interests of both the employee and the business in mind
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7
Q

entitlement considerations

A

legal obligations regarding the termination of employee contract

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8
Q

transition considerations

A

practices that may be considered when terminating employment

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9
Q

resignation

A

voluntary termination that occurs when employee decides to leave business

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10
Q

resignation can be for a variety of reasons … listed

A
  • unhappy with their current job/bored
  • moving location
  • receive a better offer from another business
  • start their own business
  • wanting to change careers
  • better working conditions elsewhere
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11
Q

(resignation) exit interview

A

manager asks series of questions to resigning employee

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12
Q

(resignation) exit interview questions asked … listed

A
  • why they’re leaving
  • how business can improve
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13
Q

(resignation) entitlements

A

employee is entitled to payment for work they’ve completed as well as accrued benefited such as payment of untaken annual leave and long service leave

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14
Q

for a resignation entitlement, the employee must need .. listed

A

provided advice in writing of their intention to resign

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15
Q

(resignation) transition strategies (business may provide) …. listed

A
  • letter of reference or recommendation
  • agree to act as a referee for the employee
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16
Q

retirement

A

employee decides to permanently leave paid workforce

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17
Q

retirement generally comes down to these factors … listed

A
  • the age you can access superannuation
  • qualifying age for the age pension
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18
Q

retirement entitlement considerations

A

employee is entitled to payment for work they’ve completed and accrued benefits; payment of untaken annual leave and long service leave

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19
Q

retirement entitlement considerations characteristics .. listed

A
  • employee must provide advice in writing of intention to retire
  • end date is usually negotiated
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20
Q

retirement transition considerations .. listed

A
  • offer services such as counselling, superannuation or investment along with lifestyle planning
  • gradually transition to retirement
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21
Q

impact of voluntary leaving .. listed

A
  • loss of talent
  • cost of replacement
  • decline in morale
  • breakdown of effective teams
  • productivity could increase or decrease
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22
Q

redundancy

A

employee leaves business because their job no longer exists

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23
Q

when redundancies occur .. listed

A
  • employer is closing part or all of the business
  • restructuring
  • new tech is introduced
  • business is relocating
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24
Q

redundancy can be either … listed

A
  • voluntary
  • involuntary
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25
Q

voluntary redundancy

A

employees nominate themselves and take the opportunity to leave the business

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26
Q

involuntary redundancy

A

employees are asked to leave business

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27
Q

redundancy entitlements

A

employer must notify employee in writing of reasons for termination

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28
Q

redundancy package

A

financial payment based on length of service

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29
Q

redundancy transition considerations

A

provide counselling, career counselling, assistance writing resumes

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30
Q

dismissal

A

termination of employment by employer against the will of employee due to unacceptable behaviour or poor performance

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31
Q

summary dismissal

A

employer can dismiss employee without notice or warning when employee has had serious breach of employment contract or company policy

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32
Q

summary dismissal examples .. listed

A
  • theft
  • harassment
  • fraud
  • breaching safety
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33
Q

dismissal entitlements

A

entitled to full payment for work they’ve completed as well as annual leave and any payments for the notice given

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34
Q

dismissal entitlements must …

A

be given sufficient warning

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35
Q

dismissal transition considerations

A

business may introduce career transition services

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36
Q

involuntary termination positives .. listed

A
  • reduction in costs
  • change in structure of business
  • removing employee undertaking serious misconduct in workplace
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37
Q

involuntary termination negatives .. listed

A
  • loss of talent
  • increased pressure on performance on remaining staff
38
Q

participants in workplace .. listed

A
  • HR managers
  • employees
  • employer associations
  • unions
  • fair work commission
39
Q

workplace relations

A

area of business that manages relationship between employer and employees with respect to issues related to wages, employment conditions and workplace disputes

40
Q

HR managers

A

responsible for managing relationship between business and employees

41
Q

HR managers are involved in …. listed

A
  • recruitment
  • training
  • employee motivation
42
Q

HR manager role regarding work relations issues .. listed

A
  • mediator
  • manage disputes and workplace conflict
  • implement new agreements
43
Q

employees

A

those that work in business in exchange for revenue

44
Q

employees role … listed

A
  • work towards achieving business objectives
  • carry out tasks in their job description
  • follow business polices
45
Q

in regard to work;ace relations, employees are involved in …. listed

A
  • negotiating of new agreements
  • voting yes or no to approve on a new agreement
  • modify work practices in line with new agreement
  • take industrial action if required
46
Q

unions

A

organisation that offers advice, support or representation to employees regarding workplace relations issues in particular industry

47
Q

role of unions .. listed

A
  • offer advice or representing employees during negotiation of a new wage agreement
  • offer advice to employees
  • support and represent employees during workplace disputes
  • organise industrial action (strikes, etc)
48
Q

union membership

A

is voluntary and employees pay an annual fee

49
Q

aim of the union

A

to get best wages and conditions possible without jeopardising financial future of business

50
Q

employer associations

A

organisations that represent employers around workplace relations and issues

51
Q

an employer association aims to assist employers with … listed

A
  • advising in representing employers in workplace disputes
  • notifying and assisting employers with change in legislation
    offer advice or representing employers during negotiation of new wage agreements
52
Q

fair work commission

A

a government body that’s Aus’s independent workplace relations tribunal

53
Q

the fair work commissions roles .. listed

A
  • deals with applications relating to unfair dismissal
  • hearing unfair and unlawful dismissal
  • regulates and monitors industrial action
54
Q

Australia’s way of determining pay and entitlements … listed

A
  • awards
  • enterprise agreements
  • minimum wage and national employment standards (NES)
  • individual employment contracts
55
Q

national employment standards (NES)

A

fair work act outlines employee protections known as minimum wage and the (NES)

56
Q

the 11 national employment standards set out by FWC include provisions for the following …. listed

A
  1. maximum weekly hours
  2. requests for flexible working arrangements
  3. offers and requests to concert from casual to permanent employment
  4. parental leave and related entitlements
  5. annual leave
  6. notice of termination and redundancy pay
  7. fair work info statement and casual employment info statement
57
Q

awards

A

set out minimum wages and conditions of employment for those in particular industry

58
Q

awards characteristics .. listed

A
  • are received by FWC to make sure they’re relevant for current economic conditions
  • employees cannot be paid or receive conditions below those outlined in award
  • the FWC is responsible for making different industry awards
59
Q

clauses in the modern awards include … listed

A
  • minimum wages
  • award flexibility
  • processes of resolution for disputes
  • superannuation
  • redundancy
    types of employment (pt,ft, casual)
  • termination
  • allowances
60
Q

advantages of awards … listed

A
  • less expensive as they’re providing minimum wages
  • no time lost negotiating wages and conditions
61
Q

disadvantages of awards .. listed

A
  • employees may be unsatisfied by only receiving the minimum wages and conditions
62
Q

agreement

A

between employer and group of employees on wages and conditions of work

63
Q

collective/enterprise agreements

A

reached through process of enterprise bargaining

64
Q

enterprise bargaining

A

negotiation between employer and employees with goal of making enterprise agreement

65
Q

enterprise bargaining characteristics … listed

A
  • once agreed on, is sent to FWC for approval
  • is an expectation that employees and employers will enter negotiations in good faith
66
Q

enterprise bargaining is primarily about the process and conduct of negotiations … listed

A
  • attend and participate
  • give genuine consideration
  • disclose relevant info
  • provide timely responses
67
Q

individual flexibility agreement

A

individual employees may seek to have alternative arrangements for their conditions to suit their needs

68
Q

individual flexibility agreement characteristics … listed

A
  • all collective agreements must have flexibility clause in them
  • agreement is based on collective agreement
69
Q

before approval of individual flexibility agreement, the FWC ensures …. listed

A
  • both parties have agreed on terms and bargained in good faith
  • includes expiry date
  • there’s no unlawful content in agreement
70
Q

advantages of individual flexibility agreements … listed

A
  • more flexible to needs of individual businesses
71
Q

individual flexibility agreement disadvantages .. listed

A
  • less wage equality and transparency across industry
  • can be time consuming process
72
Q

individual contracts

A

an agreement between employer and employee that sets out terms and conditions of employment

73
Q

individual contracts characteristics .. listed

A
  • cannot provide less than NES/awards/agreements
  • often for highly paid employees
  • any disputes that cannot be solved will be settled through courts
74
Q

overview of despute resolution process includes .. listed

A
  • mediation
  • arbitration
75
Q

conflict

A

disputes, disagreements or dissatisfaction between individuals and/or groups

76
Q

conflict can arise for a number of reasons including .. listed

A
  • negotiation of new wage agreement
  • job security
  • h&s issues in workplace
  • harassment or bullying issues
77
Q

dispute resolution

A

effective dispute resolution can help maintain good relationships with employees

78
Q

industrial action

A

measures taken as a sign of protest

79
Q

forms of industrial action … listed

A
  • strikes
  • lock outs
  • work to rule
  • picket line
  • sabotage, absenteeism, vandalism
80
Q

the industrial actions can result negatively in being … listed

A
  • time consuming
  • costly
  • destroy employee morale and motivation
  • damage long term employer-employee relationships
81
Q

protected industrial action

A

action taken that’s approved by FWC

82
Q

requirements that must be met for action to be approved … listed

A
  • supporting claims in relation to enterprise agreement
  • when existing agreement expiry date
  • parties have tried to reach agreement
  • employers given required notice
83
Q

unprotected action

A

action not approved by FWC and therefore unlawful

84
Q

typical dispute resolution process … listed

A
  1. listening to staff
  2. negotiating
  3. grievance procedure
  4. mediation
  5. conciliation
  6. arbitration
85
Q

dispute resolution-negotiation

A

the least formal method of despite resolution, involves discussing issues between themselves to come to own resolution

86
Q

negotiation characteristics .. listed

A
  • works best with consultative/persuasive management styles
  • help maintain positive relationships
87
Q

dispute resolution-mediation

A

formal method where independent third party facilitates convo. parties come to their own agreement/resolution

88
Q

mediation characteristics .. listed

A

-third party (mediator) will be independent or agreed upon by the parties in dispute
- mediator WILL NOT offer suggestions or solutions

89
Q

mediation advantages .. listed

A
  • disputing parties come to own resolution=more likely accepting of outcome
  • helps maintain positive relationships
  • generally more cost effective
90
Q

mediation disadvantages .. listed

A
  • no guarantee for a resolution
  • voluntary, so don’t have to come to resolution
91
Q

dispute resolution-arbitration

A

independent third party listens to both sides of dispute then makes decision based on arguments=legally binding on both parties

92
Q
A