Tuesday, May 5, 2020

Employment Relations in Fair Work Australia †MyAssignmenthelp.com

Question: Discuss about the Employment Relations in Fair Work Australia. Answer: Introduction Fair work commission is also recognized as the fair work Australia. It is Australian industrial dealing court which is shaped by the Fair work act in 2009. It also form a part of Rudd government reform which is concerned with industrial relation in Australia. The fair work commission is a function which consists of setting and varying the awards which are related with the industry and with the minimum fixation of wages. It is a part of successor body of Australian industrial relation commission and has completed the functions which are concerned with the workplace ability and with the Australian Fair pay commission. The fair work commission is an autonomous body which is concerned with the authority which control the requirements which are concerned with enterprise bargaining (Bryson, Forth Laroche, 2011). The fair wage Act creates a national system which regulates the industrial relation with Australia. Each state can give their industrial power to the commonwealth. The employees s hould be taken into consideration under national Fair Work Act. The fair work commission has taken into consideration the roles which are concerned with the Australian industrial relation commission and gives focus on the dispute of the workplace and on industrial performance. It has conducted the process which determines national industrial relation policy which consists of minimum wages and which regulates the system which is related with award. As the implementation take place of the Fair wage act in all the states and Western Australia has given their power to the common wealth. Enterprise bargaining is a process in which negotiation is done between the employer and the employees who are working in the organization and bargaining give focus on the goal of managing and making the agreement which is related with the enterprise (Tapia Turner,2013). The fair work act 2009 gives a place of system and obligation about how to conduct the procedure and also it take into consideration t he rules which are related with bargaining and also enterprise agreements. It is related with how the agreement is approved and conducted. There are many situations in which agreement that are related with bargaining for enterprise may stand at the point where it is difficult to continue because there are various issues that cannot be resolved easily between them. In this situation the parties can take help from the fair wage commission to take assistance to reach the agreement which are related with the issue and also helps to finish making the agreement related with enterprise (Rosemain Viscusi, 2015). A representative related with bargaining can take into consideration the commission for a bargaining command in the context with the agreement. If the representative concerned with bargaining has concerns related with good faith or with the process of bargaining then is not reasonable or effective. The representative who has a connection with bargaining for a future single enterpris e agreement can consider or apply commission for an order which specifies the employer and also the workers who are enclosed under proposed agreement. Factors which should be taken into consideration by the commission is deciding the scope which include bargaining for agreement that is fair and also all the employees that are covered under the agreement or not. If the representative who is related with bargaining has more bargaining orders then commission can make a serious break statement .These should be serious and have a significant damaged bargaining in relation with the contract (Gahan Pekarek, 2012). Bargaining representatives take into consideration the action in a good faith that has a connection with the planning structure of an enterprise bargaining. There are many bargaining requirements which are concerned with good faith in the method of bargaining that is for a selected enterprise agreement. One is to attend and participate in the meetings which are concerned with reasonable times. Also to disclose the information which are confidential in a timely way (OLeary, 2017). It is taken into consideration that a good faith bargaining do not need any bargaining representative to make concession which are related with bargaining for agreement. The fair work commission considers and approves the enterprise agreement that it required to be satisfied in relation with the agreement that will not affect the good faith bargaining by one or more bargaining representative for an agreement that is planned for an enterprise. A representative concerned with bargaining of an employee who is e nclosed under the contract must not involve in pattern bargaining in relation with the agreement. Pattern bargaining has a connection when an agent needs to show two or more future venture agreement and who have an ordinary agreement with two or more employees. If the representative is actually demanding to reach the agreement then it is not considered as a pattern bargaining (Ibsen, 2016). If there is a bargaining dispute there may be many factors for instance if a party is not bargain in a good faith then bargaining disputes can arise and if it is not resolved then fair work commission can be applied for resolving a disputes which can be taken into consideration. The fair commission create issues which are related with bargaining order and also with planned contract. A bargaining order considers those actions that the fair wage mission wants to implement and also it is considered because it is essential to support.(Moore Tailby, 2015). When considering bargaining order then fair commission must be taken into consideration and should be fulfilled. The candidate has to give notification about the relevant bargaining and that will give help to access the productivity and service which is necessary at the time of delivery improvement. The bargaining power concerned with employers and employees are concerned or not are taken into consideration. The fair Work Act 2009 gives an easy, elastic and also fair structure that gives helps to the employers and employees that bargain in high-quality faith and also make an agreement that is concerned with enterprise. The employer should give information that is correct to be represented by a bargaining representative at the time of bargaining of a venture (Westacott, 2017). The notification should be covered and provided to current employees who will be enclosed by the agreement under the enterprise. An employer who is concerned with the Greenfield agreement should give a paper to conduct observation that has a connection with each employee of the organization that is concerned with the bargaining representative for the proposed agreement. The notice should contain the start date of the six month negotiation period for the contract. A bargaining representative is the individual or the organization that each party is concerned about and also with the enterprise contract that appoints th em to give the responsibility at the time of bargaining process (Izzo, 2016). The fair work Act 2009 take into consideration the subsequent as a bargaining representative. That consists of an employer that will be considered to be enclosed under the agreement. A trade union has many members who will be enclosed under the agreement. Also a trade union that has a practical fair work commission for a low salaried authorisation is related with the contract. For all the workers who are the member of the trade union takes into consideration the employee who is considered as the other employee. The employee can generally be the member of the trade union; the bargaining representative can be in trade union unless and until the employee appoint another person. The employees have the control to appoint any one they desire as a bargaining representative which can include themselves (Stevens, 2017). Under the Fair work Act 2009, there are many venture agreements which can be ready: a) Single enterprise agreement: This contract is complete among an individual employer and also the workers who are working at the time when the contract is made and then they will be covered under the Single contract. They can also be considered as an employer who is authorised as single interest employers by the Fair wage commission which can be franchisees or it can be by previous employers where the minister for employment has made a statement in context to that. b) Multi enterprise agreement: This agreement is made among two or more employers that are taken into consideration and employed when the agreement is made and also by considering that who will be covered by the agreement (Freyens Oslington, 2013). c) Greenfields agreement: This agreement is considered as a venture agreement that has a family member to a new enterprise employer by considering that before the employment of any employees. This can be only enterprise agreement or can be a multi enterprise agreement. The party who are concerned in the agreement are the employer and can be one or many employees who are usually associated as a trade union (Buckley Casson, 2016). An enterprise agreement is an agreement which gives permission that is related with the relationship between the employer and the employees who are enclosed under the agreement. Also enterprise agreement is among more than one employer and their employees which are particular in the agreement. The enterprise agreements are done by parties on a collective bargaining which is in good faith and also which is on enterprise point. In the fair work act 2009 the venture means any type of business, activity or any undertaking. A bargaining representatives or a trade union can relate to the fair work commission which has a very low salaried bargaining authorisation. There are many factors which should be included in fair work commission. One of them is enterprise agreement (Creighton, Denvir, Johnstone McCrystal, 2016). The enterprise agreement will not comprise any unlawful content. This consists of an unfair term, an objectionable term which requires and also allows payment of the bargaini ng services fee. It is a term that confers a remedy which is in relation to unfair dismissal before the minimum employment period that is completed or taken into consideration. Also a term which allows the exercise of any state which is different to the rights to set out the entry provisions that are concerned with the Fair work Act 2009. The fair work commission does not take into consideration the enterprise agreements for any unlawful context. If once the bargaining is completed then it should conduct a ballot by the employees who will be covered under the agreement (Bray, Waring, Cooper Macneil,2014). Before considering the vote for the support of the employees, the employer should take into consideration the seven periods prior to voting for the agreement and also the employees should have enterprise agreement. The employer should also take into consideration the time and position of the voting and also the voting method that will help them (Coddington, 2013).They will also ta ke all the practical steps which make sure the conditions of the enterprise agreement and also give consequence which are explained efficiently to the employees. The explanation should be provided in a proper manner. Employees will endorse the agreement which is related with the voting. The vote cannot take position until the date of 21 days from the date of employees which has notified their rights that should be there in bargaining representative. The vote has achieved success when one of the following conditions takes place: a) Single enterprise agreement: When many of the employees of the employer have a valid caste which gives endorsement to the agreement (Howell, 2016). b) Multi enterprise agreement: There are many employees that should have at least one employer who has a valid vote which is endorsed by the contract. The multiple enterprise agreement consist employers whose employees have voted to take improvement of the agreement. After the vote the agreement should be mixed and also the workers should be removed who have not given improvement to the agreement (Stewart, Bray, Macneil Oxenbridge, 2014). Conclusion: In this essay the role is discussed of the fair commission in the enterprise bargaining. The fair work commission act is implemented which take into consideration all the procedures of the enterprise bargaining. All the role of the fair commission is discussed in the essay. References: Bray, M, Waring, P, Cooper, R Macneil, J.( 2014). Employment relations: Theory and practice, 3rd edn, McGraw-Hill Education (Australia), North Ryde. Buckley, P. J., Casson, M. (2016).The future of the multinational enterprise. Springer. Coddington, A. (2013).Theories of the bargaining process(Vol. 2). Routledge. Creighton, B., Denvir, C., Johnstone, R., McCrystal, S. (2016). Protected Action Ballots and Protected Industrial Action Under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining ProcessesMethodological Approach. Freyens, B. P., Oslington, P. (2013). A first look at incidence and outcomes of unfair dismissal claims under Fair Work, WorkChoices and the Workplace Relations Act.Australian Journal of Labour Economics,16(2), 295. Howell, C. (2016). Regulating class in the neoliberal era: the role of the state in the restructuring of work and employment relations.Work, employment and society,30(4), 573-589. Ibsen, CL. (2016).Making sense of employer collectivism The case of Danish wage bargaining under recession, Journal of Industrial Relations, vol. 58, no. 5, pp. 669687. Izzo, L. (2016). Employment: The casual conundrum: Casual employment in the fair work world.LSJ: Law Society of NSW Journal, (21), 82. Moore, S., Tailby, S. (2015). The changing face of employment relations: equality and diversity.Employee Relations,37(6), 705-719. OLeary, L. (2017). Introduction. InEmployment and Labour Relations Law in the Premier League, NBA and International Rugby Union(pp. 1-18). TMC Asser Press. Rosemain, M Viscusi, G. (2015). Daimler tries to kill French 35-hour law, Australian Financial Review, 14 August, pp. 30. Stewart, A. J., Bray, M., Macneil, J., Oxenbridge, S. (2014). 'Promoting cooperative and productive workplace relations': exploring the Fair Work Commission's new role. Tapia, M Turner, L.(2013). Union campaigns as countermovements: mobilizing immigrant workers in France and the United Kingdom British Journal of Industrial Relations, vol. 51, no. 3, pp. 601-622. Gahan, P Pekarek, A( 2012). The rise and rise of enterprise bargaining in Australia, 1991-2011, Labour and Industry, vol. 22, no. 3, pp. 195-222. Stevens, M. (2017). Brutally honest of broken system, Australian Financial Review, 23 January, pp. 28. Westacott, J. (2017). Enterprise bargaining on the brink, Australian Financial Review, 2 February, pp. 34.

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