Key Influences Flashcards
(39 cards)
List the Key Influences
Stakeholders, Legal, Economic, Technological, Society, Ethics and CSR
_List the Stakeholders
Employers Employees Trade Unions Employer Associations Government Organisations Society
-Recall facts about Trade Unions
- Represent employees in an industry
- Peaked in 1970’s (51% of workers in a unions in 1976)
- Last 2 decades have decreased to 10% due to:
Increased Casualisation of workforce means less job security so therefore no need for unions
Globalisation - Outsourcing.
Negative Publicity - violence
Changes to Australian IR Laws - EBA’s, Increased negotiations
-Trade Unions at Qantas
Qantas has a highly unionized workforce
16 different unions e.g. Australian Service Union
- Against pay cuts, outsourcing, casualisation of work
-What are Employer Associations
Act on behalf of employers in bargaining sessions, courts + tribunals
Qantas:
e.g. Australian Chambers of Commerce and Industry
-What are the features of Society
Rights to work + importance of work is recognized by the United Nations and expressed through the Declaration of Human Rights
Globalisation has changed business approach to HR through outsourcing + casualisation of workforce
There is a demand for safe + well being at work
-Government Organisations: what are statues?
Statues - Laws made by federal +state parliaments
These include: Meet WHS requirements
Apply Minimum Standards
Discrimination free Environment
(government organisations)
The Australian Human Rights Commission (AHRC)
And legislation
Exists to ensure fair + equal treatment of all employees in the workplace
Fair Work Act (2009)
- Minimum entitlements, Discrimination laws, flexible working arrangements
Workplace Relations Act (1996)
-Minimum entitlements (updated version in forced now)
Racial discrimination act (1975)
- Enforces Racial Discrimination Laws (governed by AHRC)
_Legal Influences
Revolves around INDUSTRIAL RELATIONS
-Refers to: Fair Work Commission and Ombudsman
How has Industrial relations changed?
Moved from CENTRALISED (government control over wages, etc) in the 1970’s
To DECENTRALISED (flexibility / negotiations in contract) - Less government control (1990 -2000’s)
What is an Employment Contract?
The employee contract is the main contract that applies to the majority of the workforce
- Legally binding formal agreements between employer / employee
- Follows common law (Employer / Employee obligations / Rights)
List Common Laws
OBLIGATIONS Employer: -Provide work, -Pay wages / expenses, -Provide duty of care for Employee
Employee:
- Work with care and responsibility
- Maintain Employer Confidentiality
- Follow procedures and policies
Describe the: Minimum Employment Standards
The Minimum employment standards are enforced by the Fair Work Commission through the:
National Employment Standards (NES)
Describe the National Employment Standards
The NES:
- Developed as Individual / EBA’s become more common
-Preserves working conditions (safety net)
- Outlines 10 Entitlements. E.g.:
Maximum weekly hours of work (38 hours)
Request for flexible working arrangements
Notice of termination & redundancy pay
Describe the minimum wage
the National Minimum Wage
-Ensures protection and safety net for vulnerable workers i.e. those with little bargaining power or skills to negotiate wages
Current Minimum Wage: $19.49
The current trend shows an increase of the minimum wage each year.
What is an Ombudsman?
An official appointed to investigate individual’s complaints against a company
-Negotiate with employers
Outline Awards
Determine the legally enforceable MINIMUM STANDARDS that apply to a business or industry
- 122 modern awards (pay rates, allowances, overtime, etc)
- The basis of EBA’s
- Employees covered by Awards
Outline Enterprise Bargaining Agreements
Alternative to Awards however cover everything that awards cover.
After an EBA is negotiated, it goes to the FWC for the BOOT test (Better off overall test) - To ensure that the employees under the EBA aren’t better off under the Awards
Describe Other Employment Contracts
-Individual contracts
Suits needs + wants of employee (more flexibility)
-Casual Contracts
Increase from 16% in 1990 to 35% in 2017
Get payed more per hour (25%) but Fargo benefits of full time employee
Utilised by employers to minimise on-costs (benefits)
-Part time Contracts
Employee only works days of the week
Benefits paid on Pro-rata basis (% you work is the % of benefits you get)
Why are Businesses using Casualisation?
- Decrease on-costs
- No need for full time employee for some jobs e.g. IT Management / Cleaners
- Allows more flexibility for businesses during economic downswings (no need for redundancy pay)
Work Health + Safety
Governed by: Safe Work Australia
- Develops National Standards for WHS
- Intends to improve safety at work therefore improving productivity
Work, Health and Safety Act (2011)
- Establishes rights + responsibilities of Employer / Employee regarding safety in the workplace
e. g. Employers must:
- Provide adequate training + supervision of Employees
- Ensure safe system of work
- Take out workers compensation insurance
Workers compensation - (work Cover NSW)
- Payment for injures endured in the workplace
Anti-Discrimination
Discrimination - The unjust treatment of different categories of people on the grounds of race,sex,age,etc.
Direct - Targeted at 1 person based on age,sex,disability,race
Indirect- A policy that applies to everyone but disadvantages certain peoples (e.g. prohibiting a certain hair style)
List examples of Discrimination
Harrasment
Wage Discrimination - payed less for same job (e.g. immigrants)
Sex Discrimination - (fired when pregnant)
Age Discrimination
List Anti-Discrimination Laws
- Human Rights and Equal Opportunity Commission Act (1986)
- Affirmative Action Act (1986)
- Sex Discrimination Act (1984)
