Workplace Flashcards
1
Q
Fair Work Act 2009 (Cth)
A
- 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.
2
Q
Trade Unions
A
- 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.
3
Q
Contracts: Of Service
A
- 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.
4
Q
Contracts: For Service
A
- 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.
5
Q
Contracts: Express and Implied Terms
A
- 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
6
Q
Awards
A
- 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.
7
Q
Agreements
A
- 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.
8
Q
Statutory Conditions: Federal
A
- 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)
9
Q
Statutory Conditions: NSW
A
- The legally enforceable conditions state public sector businesses must comply with
- Industrial Relations Act 1996 (NSW). So same as above
10
Q
Industrial Relations
A
Federal Industrial Relations Framework
11
Q
IR - Federal Industrial Relations Framework
A
- The framework for regulating disputes within the workplace
- Under the Fair Work Act 2009, the government makes laws about conciliations and arbitration.
12
Q
IR - Fair Work Ombudsman
A
- An independent statutory authority whose role is to investigate complaints and ensure compliance with the Fair Work Act
13
Q
IR - Industrial Action
A
- 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.
14
Q
IR - Negotiations between Employers and Employees
A
- 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.
15
Q
IR - Mediation
A
Involves open discussion between employers and employees, in order to arrive at a mutually beneficial agreement that increases the chance on compliance
16
Q
IR- Arbitration
A
Involves hiring an independent 3rd party to hear the dispute and make a decision.
