Entitlement in a Workplace Instrument - Assignment Example

Entitlement Name Institution Date a) Background: Identify an entitlement in a workplace instrument The identified entitlement in a workplace instrument is leave. Leave entitlement in private sector illustrates that employees have a coverage of the national workplace laws, which is recognized by the National Employment Standards (NES). The 2009 Fair Work Act formulates NSE and has 10 minimum employment standards (Federal Court of Australia 2014). As such, according to NSE employees are entitle to enjoy leave, which could be public holidays, sick leave, annual leave, personal or compassionate leave, community service leave, parental leave of long service leave. However, long service leave is regulated and governed by territory and state laws. Such a leave could be taken once an employee has completed ten years of continuous service in an organization. 1. Select a workplace where you can discuss workplace issues with individual employees. The selected workplace for discussion of workplace issues is Coles Supermarkets and Bi-Lo PTY limited. This environment might be confusing to employees since the agreement between the two business parties was developed in 2011. Hence, the two retail businesses joined to form a single company whose sole purpose was to ensure that Australians have an access to a shop, which is able to deliver value, service and quality. 2. Identify and describe the industrial instrument that applies to the employees of the workplace. Coles supermarket employees are entitled to the industrial instrument of long-term leave. Each employee is expected to enjoy 152 hours annual leave in each year of continued service to the company. The entitlement for leave to employees accrues progressively every year. However, for part-time members leave determination is based on pro-rata basis. Employees are often paid for public days. However, this does not happen for part-time (contract based) and casual employees whose payment is based on the number of hours they have worked in a day. Hence, for permanent employees, leave includes annual leave, public holidays, leave of absence, sick leave, long service leave, carer’s leave, parental leave, jury service leave, pre-natal leave, defence force service leave, natural disaster leave, blood donor leave and emergency services leave (Fair Work Australia 2011). 3. Nominate and describe one term or entitlement in the instrument ie. penalty rates, overtime, parental leave, etc. Public holidays leave is applicable to all permanent employees of Coles Supermarket without a loss of pay. The entitlement indicates a time when government offices should not be operation and all public members have to rest and observe the national day as expected. As such, public holidays depicts days of national importance to the citizens of Australia. Thus, during these days citizens are not expected to engage in any form of work, but to relax and observe the sovereignty of the national day. Therefore, having employees working on this day denies them their right of citizenship. This is why companies have the mandate of paying penalties to employees who sacrifice to work on this day. b) Comparison with other instruments 1. Compare the entitlement with the relevant National Employment Standard (NES) in the Fair Work Act 2009 The entitlement of leave for employees in Coles Supermarket adheres to the stipulated National Employment Standard (NES) as contained in the 2009 Fair Work Act. As such, employees enjoy the full benefit of working in a fair environment, which recognizes their need and is focused on satisfying these needs in an effective manner. Coles Supermarket has also established strategies and measures, which ensures that it does not conflict with legal regulations on establishment of a fair working environment for its employees (ACTU 2014). This has been illustrated by the overwhelming acceptance of employees to work in various departments of the company. Hence, the provision of public holidays leave by Coles Supermarket conforms to the legal and statutory requirements of the National Employment Standards. 2. Compare the entitlement in your instrument with a similar entitlement instrument that applies in another instrument for another workplace. Public holidays leave is an entitlement that other business organizations offer to their employees. This implies that if employees of Coles Supermarket would leave the organization and join McDonald’s chain outlets, such employees are expected to enjoy the same entitlement. However, for McDonald’s employees will find that they will be in contract terms, which implies that they have to work at all times to meet the established targets by the company. Hence, they will not enjoy the payment of penalties for working during the public holidays. Instead, employees will focus on working during public holidays since they can have an access to more customers in concentrated areas. c) Application of entitlements in the workplace and views of employees 1. How is your nominated entitlement applied in practice in the workplace you have selected? In Coles Supermarket, public holidays are entitled to all employees of the company. This leave is determined by Territorial and State laws and it includes new years day, Anzac day, Australia day, good Friday, Easter Monday, Easter Saturday, labour day, queen’s birthday, charismas day and boxing day (Fair Work Australia 2011). Additional public holidays include Melbourne cup day in Victoria, Foundation Day of Western Australia, Adelaide cup of South Australia, Picnic day of Northern Territory and New South Wales, Tasmania, exhibition day of Queensland and Canberra day of Australian Capital Territory (Fair Work Australia 2011). However, during public holidays some employees may be called to work 50% of the day in order satisfy customers. Such employees are paid penalties for the work done during these public holidays. 2. What are the views of three employees (including yourself if you work in your case selected workplace) in the workplace of how the entitlements are applied? Employees in Coles Supermarket have a clear awareness of the instrument of leave. As such, they comprehend all the entitlements since the contract they sign with the human resource department clearly outlines the benefits that employees are entitled to while working in the company. Further, the document illustrates the expectations of employees and what they need to do to ensure that they have a successful working relationship with the company. Moreover, employees in the workplace have expressed a positive attitude towards the entitlement. They argue that the entitlement contributes in their motivation for a continuous service to the company (Bray, Waring & Cooper 2011). This implies that the company does not have to formulate costly employee motivation strategies since its provision for the entitlements has already motivated employees. Furthermore, employees have developed a feeling of ownership of the company and dedicate much of their time in ensuring that the company has the potential of attaining growth and development. Coles Supermarket employees have indicated a positive acceptance of the provided penalties for public holidays. This makes most of these workers to compete for being assigned tasks on these days since they know that they will enjoy a good penalty payment. On the same note, employees have supported the company in conduct of its business activities at all times. As such, the company has not experienced any challenge of lack of cooperation from employees to engage in the process of bringing growth and development to the company. Nevertheless, some employees wish that the public holidays can be reduced. This is based on the claim that not all employees are called to work during these days. Hence, some employees stay for long or they never enjoy the penalty payments, which are awarded to individuals that work during the public holidays. d) Media report of recent dispute concerning your entitlement On Wednesday 16 February, 2014, ABC News released a report, which indicates a negotiation between unhappy workers and the management of Bindaree beef (Clifford 2014). A union that represents meat employees of Bindaree had to meet once more to try to resolve a pay dispute. This dispute concerns the penalties that employees need to be paid for working during public holidays, especially during the Anzac day. The employee union has over 50% representation of the workforce, but its members have expressed dissatisfaction with the offer that the company has provided as a penalty for employees who work during public holidays. As such, employees need a three percent increase within the first year while the company is offering 0.2 percent increase. This report is similar to the case study of Coles Supermarket entitlement. This is because employees are entitled for a pay penalty for all the days that they work during public holidays. However, the report is different with reference to the compensation package, which is offered by Bindaree Beef and that of Coles Supermarket. While employees at Coles Supermarket are satisfied with the penalties provided for working during the public holidays, their counter parts in Bindaree Beef are not satisfied. This has triggered the workers union of Bindaree Beef to engage the management team of the company in a negotiation for the dispute of penalty payments. Furthermore, Bindaree Beef management does not honour its promises. This is illustrated by the fact that the company has failed to offer the compensation as agreed in the previous bargaining agreement. In contrast, Coles Supermarket has always honoured its promises to employees. As such, the company has not found itself in a situation of industrial action of employees as they seek for compensation for the works done during public holidays (Federal Court of Australia 2014). Hence, Coles Supermarket employees are always satisfied with the provided penalties and are motivated while employees in Bindaree Beef are not satisfied and motivated to work in the company. Bibliography ACTU, 2014. Factsheets. Available online at < http://www.actu.org.au/HelpDesk/YourRightsfactsheets/FairWorkLaws.aspx> Bray, M, Waring, P, & Cooper, C, 2011. Employment Relations, 2nd Edition, McGraw-Hill, Sydney. Clifford, C, 2014. Bindaree beef and unhappy workers negotiate again on Wednesday. Available online at < www.abc.net.au/news/2014-02-26/bindaree-beef-and-unhappy-workers-negotiate-again-on-wednesday/5284436> Fair Work Act. 2011. Coles supermarkets Australia PTY ltd and Bi-Lo PTY limited retail agreement 2011. Australia: Common Wealth Government Printer. Federal Court of Australia, 2014. Fair Work Guide. Available online at < http://www.fedcourt.gov.au/law-and-practice/areas-of-law/fair-work> Read More