Questions on Australian Law of Employment - Assignment Example

Australian Law of Employment Name Class Instructor Affiliation Date The court determines and mediates on serious breach that undermines any agreement settled by the parties. However the process is a rigmarole one since most consideration are taken into account. One is whether there is existence of a written employment contract. In case that the nature of work restricts a formal agreement the option is set for company’s handbook or verifiable verbal agreement. This will only work fast if the employer is honest and of good memory or there were witnesses to confirm and second the claims. Extensive efforts taken prior to resolve the problem must have failed and the set procedures to address must be taken. The durations of strike or lockouts with the effects of the same to public interests are to paramount before consideration of recommendations. Facilitation process can only be affected as a means to assist in case there was misunderstanding in reaching for the agreement and one party had more skill and knowledge of determination or pressured the other without allowing them seek for an independent advice. In such scenario the order may consider compensation, cancel or vary the agreement. According to Malcomson,(1988,p 2298) the agreement in employment details what is acceptable and what it is not in the arrangement. The company’s restrictions to its employees are spelled out to achieve a desired behavior and consistent culture and this has to be accounted for before the final settling of disputes. An employee period of work also affects the process since there is increased awareness with the duration of work and the resulting relationship that has been in the past. Any agreed disciplinary procedure and mechanism of airing grievances extend the process of facilitation. The company’s confidentiality details is paramount for court proceeding. All parties must be protected in the process to avoid unlawful enforcement that extends the cycle of problem. In most cases there is specific provision for different groups such as those who are covered and those who are not covered by the agreement. The services available for sorting out problems related to employment and the procedure whether the single or multi party union lengthens the process since there must be consideration for all perspectives that determine the facilitation and make it objective. Union’s requirements, provisions of other documents, protection rights and the degree to change the agreement must reach a compromise ground from each side to come up with a working and long term solution. If the magnitude is minimal the court may refer an out court framework for the employer and the employee based on terms of collective bargaining (Stewart 2011 p.37) Employment Relation Act has comprehensive provisions and most are affected along a person life in the company or workplace. It is the responsibility of both parties to consult when each stage is reached. The structure of commission has an initial and continuous stages of change as one’s period of work proceed. Stock options in the company are tom be understood as not to be used as constrains set to determine an employee’s conduct. The continuous dialectical system permeates a cycle of repeated problems and sometimes complex to settle on stable and clear guideline of employment relations. A pressure from external sources such as competition, government regulations and economic conditions which keep on changing also constantly affect a solid level in such relations. Part Two An option paper on legal requirement for bargaining and obtaining approval for an enterprise agreement and the extent to which the employees union is to be consulted: The focus of the ATV enterprise agreement requires the employees and their representatives, in accordance to The Fair Work Act to relate with the management on relevant issues. Any of the agreements between the employer and the employees will wait the approval of The Fair Work Act to become effective. Not all claims are to consider for salary increment and the coalition must seek to reduce claims. No go away money will be given without recognition of employer’s wrongdoing for a compensation to be made. The agreement must be in consistent with the requirements of good faith bargaining and objectiveness set after discussion by both sides. New employees will be hired for employment on individual agreement and an agreement to change it can be effected by both sides. Any bargaining initiated on a written notice must indicate the coverage. Consolidation in bargaining would reduce separate union’s bargaining. A mandatory secret ballot in support of industrial action must be followed with three days of work notice of the intention of the action. Snap strikes are unacceptable the coverage of collective bargaining .and there will be a withholding of the payment in the cause off the strike.Employees must meet particular circumstances for arrangement of individual flexibility and before consulting on major change of workplace (Loundes, 2003 p.256) Any industrial action in the course of the life of the agreement, right to enter into the premises in inconsistent way and remedies for person dismissal without a minimum employment period will amount to irregularity. Union representatives can consult during transition or major changes in the function, dismissals and equal opportunity. Bargaining in good faith that would advantage the company bargaining powers can be enhanced by Open communication that focus on key issues with the relevant information at a time and information on entitlements and employees right with an aim of creating confidence with the management. Notices of termination, business transfer and promote a smooth transition of workplace relations. Promote parties’ agreement on negotiations to create enterprise agreement. A timely attendance and participation in reasonable meetings promotes avoidance of tension from expiry dates of agreement reducing orders to compliance. Such unusual situations cause inefficiency and maximize the possibility of court enforcement that does not reflect good faith. Minimum wage based on productivity, viability and business competitiveness and in consideration of a range of specific cases such as junior, disabled, low paid and training employees and work value that enhance relative living standards Working conditions considerate of working hours, flexibilityarrangements, leaves balance of work and family life and democratic representation union rights of entry and avoid unfair selection of a group applicable to the agreement and seemingly supportive to even vote for an agreement (Malcomson 2007,p.47) Genuine considerations and reasonable response to proposals made by representativesis a paramount rationale. Suggested new work methods that increase productivity and dynamism should be exercised to allow change and efficiency. Promotion of an internal special agreement detailing specific phenomena that is unique to company’s working and promotion of a culture that is easily and highly adaptable. Minimize actions and conducts that are unfair anddestabilizes collective bargaining, employees freedom of association, separation and sanctions on representatives and coercive approach in making of agreements and unlawful termination creating a simple and fair system of dismissal. Respect the dignity and rights of correspondence between managers and representative through efficient communication and answering their calls on time. A third party that set conditions on award rates such as head-contractor successfully reduce negotiation with the direct employer. In case of recruitment and staffing of semi-skilled manpower the option can help to arrange an efficient and less bargaining team. A clear and tough rule on unprotected industrial action set to guide wage cut and compensation of the lost time on ungrounded action. Arbitration will only be reached at with serious breaching of bargaining orders, flouting of the law and failure of internal dialogue and alternatives for agreement are exhausted and mediation process seem unattainable in a near future. Part Three According to Federation Press, 2010,p.101 the Fair Work Act 2009 is an enactment that relates to workplace relations providing a fast and effective informational and services assistance for employers and the employees. The related purposes are set within the Act to provide an efficient mechanism for cooperative and beneficial relations toward the economic welfare and inclusion of all in an equal manner. Its basics are for provision of fair laws for employees and that are dynamic to enterprises that aiming at the national development, growth and productivity. It takes into account terms of employment standards, remuneration, and award and minimum wage orders in a relevant, fair coordinated proper ways. Flexibility in the working conditions to enhance other social matter of family welfare. It guarantee the generalfreedom of association that encourage fair representation without threat and discrimination and where people are able to access justice through prescribed approaches of dialogue and grievances airing. It acknowledges a bargaining framework at an enterprise level in good faith and set rules for an industrial action. Any other act is considered under this general act and can never be used as the sole guidance to work relations. Dismissal a kind of termination according to the Fair Work Act 2009, is considered unlawful and protection of employees is enforced when such incidences arises by specific rules. An educative strategy for the both employer and the employee is set to unravel the rights and obligations therefore enhance compliance to laws and align a prosecution act as a penalty for contravening the laws. Clear and accessible rights are set on the account that an employee has been dismissed already and the dismissal was unjust, harsh or unreasonable. The factors considered include the validity of the reason related to conduct of the employee in relation to the work culture, desired behavior regularities and expected values. An employee has to be notified of the grounded reason and given a chance to respond on the accusations. The verdict should be reached in a fair and objective way without discrimination and stereotype based on gender, religion, racial, age and political opinions. An internal legal mechanism following an agreeable set mechanism should work on such cases. Any dismissal following unsatisfactory work performance such as temporary absence must be forewarned before and a period for improvement and response set before the final dismissal. Any other form that fall short of this is always considered unfair and unlawful is since the employee is in that case denied the conscious action toward adjustment. The firm human resource manager should be competent and dedicated to oversee the procedure for dismissal as a specialist. It also considers the dismissal to the size of the enterprise influence of the final decision. These considerations eliminate hasty and subjective decisions based on incompetency and other mere considerations that are less related to the reason for dismissal. An employee is allowed the right to access the third party in the course of the case toward dismissal. Any denial is unfair and may undermine one’s right in case there is little knowledge to stand for the rights in relation to the protection plan. Any actions such as filing a complaint against employer, seeking representative office or participation in trade union activities are also inconsistent grounds for dismissal. The key features of the Act involved with unfair dismissal is an objective approach. This includes the consideration of both the applicant and employer rights as set and agreed upon by workplace relation act. Further consideration of applicant’s eligibility to application in relation to completion of the minimum employment period and covered by the system of national workplace relation. The employer conviction of the guilty and misconduct of the employee such as fraud, theft, breach to safety to safety procedures and occupational health and violence in case of fair dismissal code for small business. The act is set on clarity, enforcement through consent and inclusive since it is based on universal work relations. It is also objective and dichotomous defining the both side’s expectations and conduct. The specificity enhancesclear delineated provisions that are comprehensive and dynamic. These features enhance fairness in dismissal on the avoidance of the enforcement action to be expected in case of irregularities. Its clarity set up a procedure to be adhered to and therefore flexible workplace relations based on knowledge and expectations. References 2009 Fair Work, ‘the new workplace laws and the Work Choices legacy’ Annandale, N.S.W: Federation Press, p. 87 2010, Australian master fair work gui2009, Fair Work:’ the new workplace laws and the Work Choices legacy’ Annandale, N.S.W: Federation Press.de. North Ryde, N.S.W: CCH Australia, p. 101-104 Commission. et al., 2012. South Australian Government Wages Parity (Salaried) Enterprise Agreement 2010. Work, (07613). Loundes, J., Tseng, Y.-P.& Wooden, M., 2003. Enterprise Bargaining and Productivity in AustraliA: What Do We Know? The Economic Record, 79(245), p.245-258. Malcomson, J., 1998. Individual employment contracts C. C. H. E. L. Editors, ed. Handbook of Labor Economics, 3, p.2291–2372. Available at: http://eprints.soton.ac.uk/33158/. Malcomson, J., 2007’ Legal Aspects of Employment Contracts’ Labour Economics. Stewart, A 2011, ‘Stewart's guide to employment law’, Annandale, N.S.W: Federation Press, pp.18&37. Read More