In this part, the task is to explain the role of the Fair Work Commission and the powers it is able to exercise in relation to this process. The Fair Work Commission is the self-governing national workplace relations tribunal and its main concern is to sustain a safety standard of salaries and working conditions, as well as other related areas such as workplace regulation and function (Australian Government, 2015). The character of the Fair Work Commission is to ensure that the negotiating process and industrial activity are carried out in accordance to the Commonwealth workplace laws. Bargaining representatives of workers must contact the Fair Work Commission before they want to take industrial action to assist their claims (Australian Government, …show more content…
According to FWC, it has the power to review the minimum remunerations received by workers in the national workplace relations system and the adjustment is made every year on 1 July (Fair Work Commission, 2014). The managers and workers cannot accept to a pay rate which is less than the valid minimum wage. The review deliberates the pay rates in the modern awards and the national minimum wage; moreover, it is compulsory for the Fair Work Commission to create a national minimum wage instruction annually for national standard income and special national standard income (Fair Work Commission, 2014). It has the power to provide a standard of low income and the power to review the minimum wages received by workers in the national workplace relations system and the adjustment is made every year on 1 July (Fair Work Commission, …show more content…
There was evidence shown that the unfair dismissal requirements were the furthermost conflicting and inconsistent from the manager’s perspective. The Fair Work Act applied unfair dismissal requirements for entirely workers, regardless of the population of workers in the business (Chapman, 2015). The Fair Work Act presents two cases that dismissal could be reasonable, including other dismissal and summary dismissal. In the first case, the law offers a sequence of stages such as concluded checklist, copies of notice, declaration of dismissal and a witness announcement with signature that managers must follow with the intention to reduce the problem (Chapman, 2015). In the second case, managers may dismiss a worker without notice due to theft or fraud. As the consequence, the amount of cases in relation to unfair dismissal has risen significantly since the Fair Work Act implemented as law. In addition to the growing records of cases in relation to unfair dismissal, the judgements from Fair Work Australia showed some contradicting clarifications of the Fair Work Act (Chapman, 2015). According to an example, a business in Albury- Wodonga had dismissed an employee due to the breach of occupational and safety laws after an employee continually denied to wear safety glasses at work (Sloan, 2011). However, after checking the worker’s reinstatement, the Fair Work Australia stated that the worker had a family and he has found it challenging to
This essay will examine key aspects of the recent implementation of the Australian Consumer Law (ACL) 2011, which is the largest overhaul in Consumer Law in Australia in the past twenty five years. The ACL replaces 20 existing State and Territory laws into one national law , the legislation was enacted in two main parts as Schedule 2 of the renamed Trade Practices Act 1974 (Cth) (TPA) - Competition and Consumer Act 2010 (Cth) (CCA) . Aforementioned this essay it will outline the key benefits of the implementation of the act. Furthermore it will critique the Act, whilst exploring the objectives of the legislation.
The Fair Labor Standards Act (FLSA) is administered by the United States Department of Labor Wage and Hour Division. The Act regulates child labor, wages, and hours, it also requires employers to keep proper records and which to maintain (Bennett Alexander, 2004). The Act, now law requires employers to pay employees at the lower end of the pay scale, a certain amount which maintains a minimum standard of living and out of poverty (Bennett Alexander, 2004). That is the law and theory, in actuality the law has caused poverty in certain areas of the employment theatre, keeping those who are at the low end of the pay scale; below the reach of higher paying jobs.
The Arbitration Fairness Act declares no dispute regarding arbitration of an employment, consumer, anti-trust, or civil right dispute be deemed a valid or enforceable pre-dispute arbitration agreement. The act has many arguments against it that increases the number of cases that are filed or even overburden by the courts. The consumer should not have benefits of the law that has been evolved because of the expense it causes. Although this is implied, business should have the ability to use contact laws that would force this result.
The salary level test utilizes an employee’s salary to determine if they are able to qualify for minimum wage and overtime exemption. The wage used for consideration can be paid weekly, bi-weekly, or monthly and must be considered free and clear income. The minimum wage that qualifies is $455
The Equal Employment Opportunity Commission mission is to enforce federal laws that make it illegal to discriminate against anyone applying for employment opportunities. Discrimination will be leading to major problems in the next few years, which could cause poverty, violence, and crime. Discrimination cases are having large payouts, but the cases being are not decreasing in large amounts. The Equal Employment Opportunity Commission is not living up to its mission because the discrimination cases being filed are increasing in the 21st century.
14. Fair Labor Standards Act, www.spartacus.schoolnet.co.uk, 6/11/04 --------------------------------------------------------------------- [1] Fair Labor Standards Act; www.inforplease.com, June 11, 2004.
In March 2012, the Fair Labor Association had conducted an extensive investigation, commissioned by Apple, on labor conditions at three massive Chinese factories where the company’s iPhones, iPads, and other products manufactured by Apple. The Fair Labor Association is a non-government organization that is highly committed to promoting fair labor practices internationally. During their investigation, they found a number of serious violations of Apple’s supplier code of conduct, in addition to its own standards.
To discriminate against someone means to treat that person differently, or less favorably, for some reason. Discrimination can occur while you are at school, at work, or in a public place, such as a mall or a restaurant. You can be discriminated against by school friends, teachers, coaches, co-workers, managers, or business owners. The discrimination can come in different forms such as harassment, unfair treatment due to age, race, sex, color, or religion and discrimination can be a form of retaliation towards the employer. With all these situations, there are laws that enforce the federal laws against job discrimination and harassment which fall under title VII of the Civil Rights Act of 1964 and is enforced by Equal
“The Fair Labor Standards Act (FLSA) was created in 1938 to establish a minimum wage and a limit on the number of hours which may be worked in a standard work week. It also provides standards for equal pay, overtime pay, record keeping, and child labor.” This law was created during a time period of great financial and political turmoil.
This initiative can be done for the benefit of the entire labor force in this country. By setting a law requirement for fair wages, the pay will be distributed equally to subordinates based on their respective management levels, despite their gender. For example, a male employee should be receiving the same amount of monthly salary as his female colleague from the same department. Establishing this law would aid in diminishing the gender inequality problem in Malaysia.
In 1997, after ejecting the Conservative Party at the elections, the Labour government made the introduction of a minimum wage its first priority. As a result of the National Minimum Wage Act of 1998, the Low Pay Commission (LPC) was established. This commission is an independent body composed of 9 Low Pay Commissioners representing the different social partners with people chosen amongst employees, employers or with an academic background. The comm...
Firstly, a discrimination audit would allow for instances of dysfunctional discrimination to be identified and removed swiftly. Secondly, enforcing policies regularly would keep dysfunctional discrimination at the forefront of people’s minds. Thirdly, providing an effective complaint handling system would affect the workplace similarly to a discrimination audit, however, employees would not need to rely upon a regular or random audit to occur, they would be able to report as they
There are many different views on what actions the government should or should not take against discrimination in the work place. People who want the government to take action want them to put a law in act to give employees the right to sue their employer if they are discriminated against. On the other hand people want the government to just leave it alone and let the issues work themselves out. The views on each side of the issue can be somewhat extreme, while still proving their point. The ideas that both sides of the issue present put the bill under a lot of scrutiny.
According to the real world practice in the employment relationship, we can see that there is totally three party involved the employment process, which is the Government, employer and employee themselves. These three different parties represent different interest and point of views. For job discrimination, there is always issues and conflicts between the employer and the employees (job applicants). Government is a party that over watch and set regulations to ensure that these relations are fair and equal for everyone.
Discrimination is a topic, that some are afraid to talk about. In the work place discrimination can be used as a weapon. For example, an employee claiming that they not receive a promotion because of their skin tone. Also there is a lot of misinformation about how different culture feel, and how they understand discrimination to be. This is why I wanted to find an article for this assignment on discrimination.