Modern awards under Part 2-3 of the Fair Work Act 2009 (Cth) (FW Act) form the foundation of employment terms and conditions in Australia’s contemporary federal industrial relations system and are defined at a national or industry-specific level. Part 2-4 of the FW Act builds on this national system of awards by regulating enterprise agreements made between national employers and national system employees. These agreements make it possible for an employer to tailor the needs specific to his/her employees by privately negotiating with employees on terms and conditions of employment that are not covered by an award or statute. Traditionally, the national award scheme along with centralized collective bargaining was the standard process for negotiating …show more content…
These are best encapsulated under s 171 of Part 2-4 where the objectives of enterprise agreements are summarized ‘to provide a simple, flexible and fair framework that enables collective bargaining in good faith, particularly at the enterprise level, for enterprise agreements that deliver productivity benefits’ and ‘to enable FWA to facilitate good faith bargaining and the making of enterprise agreements…’ To support this objective, the FW Act in comparison to modern awards, which are subject to more prescription, less heavily regulates enterprise agreements by statute. This is to accommodate the flexibility that is evident in modern employment relationships, and allows employers and employees to negotiate on a wide range of matters specific to the needs of that particular workplace. Essentially, by structuring wages and conditions appropriate to a specific enterprise, the workplace will be more efficient and productive. In order to facilitate this tailored arrangement but remain regulated and prevent an uneven balance of power, the FW Act describes content that is lawfully permitted when constructing an enterprise agreement, and explicitly outlines content to be included, and content that is unlawful to …show more content…
The ongoing support towards enterprise agreements has been demonstrated over time through the mentioned legislations was governed by globalization, which, through a rapidly changing market economy and rise of advanced technologies, saw a change in the employment relationship and the needs of workers. This instigated the move towards a coordinated flexibility and private negotiation scene at the enterprise level regulated by the AIRC in the form of enterprise agreements. Enterprise agreements have demonstrated multiple advantages by allowing a range of matters to be covered and regulated and the relative freedom of choice and action in regards to benefits awarded by the FWC for both parties. These include namely greater flexibility in matters specific to that particular enterprise or workplace, having direct employee involvement in negotiations without imposition by a third party, increased employee commitment and productivity, and liberty to go beyond the allowable matters of federal awards to include additional benefits such as higher wages, classification structures, and trade-offs. This is not to
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).
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
Magic Carpet Airlines (MCA) is in the midst of a collective bargaining negotiation with a union and this paper will present the case from the union’s side of the bargaining table. First, one must understand the meaning of collective bargaining negotiations; this is when both sides of the negotiations discuss wages and others perks and then come to an amicable agreement. Collective bargaining is not a simple negotiation process, because the employer and the union usually meet on more than one occasion, due to the fact that union negotiators must keep their members informed during the process and they must also present any offers to their constituents for a yes or no vote to accept said terms being offered by the employer. The textbook offered the Magic Carpet collective bargaining as a case study and students were asked to analyze the issues being negotiated, determine ways
‘ Organisations of workers set up to improve the status, pay and conditions of employment of its members’.
The Fair Labor Standards Act (FLSA) was originally enacted in 1938. The law is enforced by the Wage and Hour Division of the U.S. Department of Labor, and includes 5 major provisions that protect employees. (TEXT) The five provisions include: coverage, minimum wage, overtime pay, youth employment, and record keeping. Coverage refers to the types of workers whom are protected by the FLSA. The FLSA also handles compensation issues like minimum wage, commissions, bonuses, expenses like room and board and other various deductions. To ensure that employees receive adequate compensation for working additional hours the FLSA has developed rules governing overtime pay. The Act also created and implemented rules governing youth
14. Fair Labor Standards Act, www.spartacus.schoolnet.co.uk, 6/11/04 --------------------------------------------------------------------- [1] Fair Labor Standards Act; www.inforplease.com, June 11, 2004.
The New Deal Era (1930’s) pushed for the legalization of collective bargaining among several other labor laws, which resulted in the formation of unions. When looking back, the result of collective bargaining can be seen around the world. Countries worldwide have unions to protect both employees and companies, and even governments. China, for example, maintains labor unions to pacify angry workers and aid in keeping governmental control. Without collective bargaining statutes how could unions exist? Employees would not have the protection, the negotiation capabilities, or the assistance in finding new work. The Wagner Act also provid...
Both bargained employees (retail sales consultants) and non-bargained employees (management) have great benefits working for AT&T. The CWA helps protect AT&T’s non-management employees by regulating their benefits such as health insurance, 401k, paid holidays and vacation, tuition reimbursement, and pay differentials at night and on Sundays. It will also protect the employees and represent them during employee disciplines. (G. Cohen, personal communication, September 1,
Providing employees the right to select a union to act as their collective bargaining agent.
Mandatory subject of bargaining, are the subjects or potential points that are normally specific to all collective bargaining such as wages, benefits, working conditions and length of contract. Based on these very important subjects it is clear why they are considered a “Mandatory Subject” as points of the bargaining unit. In the article, “The Mandatory - Permissive Distinction and Collective Bargaining Outcomes” the author explains how collective bargaining can involve some very essential points to be effective and without these standard subjects to be bargained over the bargaining process will not be effective. “An analysis of the potential impact of the distinction in a controlled setting indicates that unions negotiate less favorable nonwage
NZ’s industrial relations developed by protection of the employment relationship through acts passed by government, particularly the Industrial Conciliation and Arbitration Act (IC&A). This is fundamental to NZ’s employment relations and set the right for trade unions to arrange and negotiate collectively with employers, as well as producing awards, wage rates and handling disputes (Bryson, 2011c).
Work reform, as interpreted by the employer, is a modern concept that has at its core increases in efficiency and effectiveness and a content and stable workforce. Work reforms are a means to an end; the end being increases in efficiency, production, and profits in a volatile global market. Depending on which method is used, the goals are to motivate their workers to gain their compliance. By paying more attention to a workers values, attitudes, and psychological needs, etc. a company can set the foundation for a more militant workforce and perhaps circumvent unionization. A company can try to create a “corporate family”, for example, via a corporate culture to try to facilitate this type of reform. The implementation of a corporate culture is an attempt to get workers to “buy in” to the firm’s overall goals (Krahn, Lowe, Hughes, 2011 p. 244-248). Key themes include workers as human beings, organizational cultures, constant adaptation, co-operation, creativity, flexibility, work teams, doing more with less, continuous learning, flatter organizational structures, customer-service, and participative management, etc. The goals and motivations for work reform as it pertains to a workforce differ from those of firms. Workers see changes such as enhanced on the job decision-making, increased autonomy, a decrease in monotonous and arduous tasks, and more input into large company decisions(that will ultimately affect them) as positive. Other changes that workers would embrace are pay increases and the addition of family friendly work policies such as more free time, and on-site daycare. Since a number of large manufacturing and service firms are unionized, a motivation and goal for work reform, in this respect, would be for a co...
The Unfair Dismissals Act 1977-2007 was set up to give clear guidelines on how an employer’s decision to dismiss an employee may be contested by an independent body. The main purpose of this Act is to shield employees from unfair dismissals. It also provides for an adjudication system and a redress system to those employees whose dismissals have been found to be unfair.
The Employment Act consists of many regulations which acts as a basis with regards to payment of salary, conditions of service including rest days and working hours and also leave entitlements including sick leave and childcare leave. It serves to protect the basic rights of the employees and even the employers and it is essential for both parties to follow these regulations to avoid any convictions against them. Each part of the Employment Act has its own set of implications and benefits to either parties.
Traditional literature in the field of labor relations has focused immensely on its benefit towards the employer and in the process equating it to working rules. This has been so despite the field being expected to cover the process of, labor management, union formation, and collective bargain; all which are anticipated to create a positive employer-employee relationship. This relationship is said to be positive if there exist a balance between employment functions and the rights of the laborer. Also important to note, is that this relation is equally important to the public sector as it is to the private one. Therefore, to ensure a mutually conducive labor environment exists, effective labor management process and inclusive negotiation program should be adopted (Mulve 2006; Walton, 2008).