Law management report on: Fair work act 2009
- Executive summary
The report has been formulated in order to stress upon the various options available to the company under the Fair Work Act (FWA) 2009. The report begins with a brief introduction of the Fair Work Act (FWA) 2009 followed by its functions & role. The main role of Fair Work Act (FWA) 2009 is to practice bargaining within the enterprise, resolution of the dispute within a workplace, industrial action, minimum wages & employment conditions & termination of the employment.
The second part of the report takes into consideration best ways to determine the terms & conditions of employment for employees at the new Queensland factory, the following Fair Work Act options would be available for the same. Exploration of the consequences along with various options for industrial relations and human resource management within the company i.e. Fresh First Canning Company has been listed in this section of the report. A detailed analysis of Fair Work Act (FWA) 2009 has been done. This will help the CEO of Fresh First Canning Company to have a clear regarding the same. Each & every component of the Fair Work Act (FWA) 2009 has been discussed in a much detailed manner.
In the end, various recommendations have been provided to the CEO of Fresh First Canning Company in order to determine the terms & conditions of employment for the newly appointed employees at the Queensland factory.
Introduction
Fair Work Act (FWA) 2009 has been referred to as an Australian industrial relations law & order created as well as implemented by the Labor government of Australia. This law & order was made operational on 1st July, 2009 by the general manager.
2.1 Functions
The main function of Fair Work Act (FWA) 2009 is to settle as well as vary the modern awards, resolution of the disputes, fixation of the minimum wages to be provided to the employees within in a given organization, approval regarding the agreements as well as handling of the dismissal. Fair Work Act (FWA) 2009 has been referred to as a successor to the Australian Industrial Relations Commission. The functions performed by the same are similar as compared to the workplace authority as well as the Fair Pay Commission (Victorian Employers Chamber of Commerce & Industry, 2012).
2.2 Role
The main role of Fair Work Act, Australia (FWA) 2009 is to have an independent body which has high levels of power & authority in order to carry out various functions. The functions have been listed as under. They are as follows:
Þ Enterprise bargaining
Þ Industrial action
Þ Minimum wages & employment conditions
Þ Resolution of the dispute within a workplace
Þ Termination of the employment
The Fair Work Act (FWA) 2009 has been established as a system which will help to regulate the industrial relations applicable in Australia.
The Fair Work Act (FWA) 2009 has been rendered to as a national body which takes over various roles & responsibilities in Australian industrial relations. This will take into consideration the disputes which might take place within the organization as well as the various policies which shall be kept in mind to minimize the industrial relation disputes, settle out the minimum levels of wages, and have a fair regulated award system. The introduction of the Fair Work Act (FWA) 2009 will refer to the various powers which shall be instilled.
- Body
In order to advice the HR department on the best ways to determine the terms & conditions of employment for employees at the new Queensland factory, the following Fair Work Act options would be available for the same. Exploration of the consequences along with various options for industrial relations and human resource management within the company i.e. Fresh First Canning Company has been listed in this section of the report.
It must be seen that, a fair & a comprehensive safety employment conditions of the Fair Work Act shall be taken into consideration. This will help the newly appointed employees at the Queensland factory to have an idea regarding the terms & conditions of the employment. This act will also help the new umpire to set minimum level of wages as well as enter into a free agreement within the employees in regards to the minimum wage order (Industrial Relations and Other Legislation Amendment Bill, 2012).
The national employment standards shall be kept in mind which will take into consideration 10 employment conditions. These conditions will take into consideration certain essential aspects such as weekly hours or work, list of public holidays, number of leaves allowed, notice for termination, flexible working arrangements & idleness to pay.
It shall be taken into consideration that, each & every aspect covered within the FWA 2009 will help to maintain minimum levels of safety which will help to meet the entire needs of the newly appointed employees at the Queensland factory.
3.1 Some of the options which will be available for the CEO of Fresh First Canning Company in regards to the Fair Work Act 2009 have been discussed in this section of the report. They are as under:
Þ Good faith collective bargaining at the enterprise level: 
The first aspect which shall be kept in mind by the CEO of Fresh First Canning Company refers to collective bargaining within the enterprise level. Collective bargaining will be referred to as a heart of the government’s fair work system. An enterprise agreement is to be made between an employer & the employee. An enterprise agreement shall be made between the employee & the employer in order to provide formal negotiations as well as successfully bargain with one another.
It must be seen that, if the bargaining is not occurring in good faith, Fair Work Act (FWA) 2009 will consists of power which would help to make the order to ensure with compliance of the requirements. In the event of serious and sustained breaches of bargaining orders which significantly undermine bargaining, a bargaining representative can apply to Fair Work Australia for a serious breach declaration (Australian Government, 2009). If Fair Work Australia makes a declaration, and bargaining representatives have not reached agreement within 21 days, Fair Work Australia can make a workplace determination to resolve the matters that are still at issue. There is a high threshold for accessing workplace determinations in these circumstances.
Þ Greenfields agreements:
The second aspect which shall be taken into consideration refers to the formulation of the Greenfields Agreement. But, before the agreement is approved Fair Work Australia (FWA) 2009, must be satisfied with the fact that employee organizations will be covered in the agreement which would represent the industrial interests of the prospective employees for this particular agreement. Fair Work Australia must also be satisfied that it is in the public interest that the agreement be approved.
Þ Bargaining assistance for the low-paid:
One of the new features of the FWA 2009 is to have a special low paid bargaining stream. This feature refers to a unique feature which will take into consideration all those workers who have missed the benefits of bargaining in the past. Some of the aspects which are covered within this aspect of the Fair Work Act are child care, security & cleaning issues, community services, aged care, etc. All those workers entitled to such type of services are paid on the basis of award rate (Victorian Employers Chamber of Commerce & Industry, 2012).
Within the special low paid stream, Fair Work Act (FWA) 2009 will help to make fair arrangements as well as play hands on role in order to let the parties bargain in the best possible manner. In order to practice proper encouragement within the agreement making, Fair Work Act (FWA) has certain powers which will help to settle certain matters such as bargaining & the happenings of the FWA.
Þ Clear tough rules on industrial action
One of the major functions of Fair Work Act 2009 would be to clear the tough rules of the industrial action within an organization. Clear rules on industrial actions shall be kept in mind. This will help the newly employed employees within the Queensland factory to support the function as well as claim advance during collective bargaining. Industrial action initiated by or on behalf of the employees will be protected if and only if they are authorized by the ballot which will meet the overall requirements consisted within the Fair Work Act (FWA) 2009. The industrial action practiced within the employers of employees will have a response towards the industrial action which is protected & is taken into consideration in accordance with the requirements mentioned within the FWA 2009.
The Fair Work Act 2009 has been established in proportion to the various sensible options in response to the industrial action. They are as under:
Þ It will be unlawful under the under the FWA for any employer to pay for strike or any demands which the employee requests for.
Þ Where unprotected industrial action is taken place, it is quite mandatory for the employer to hold back pay for at least four hours.
Þ Where unprotected industrial action is taken into consideration, the pay will be taken into consideration for the duration of the entire industrial period.
Þ In case of a partial industrial action, the employer will have an option to issue a partial work notice as well as deduct salary or wages for all those roles, duties, & responsibilities which the employee refuses to perform.
In case of unprotected industrial action takes place or is organized, Fair Work Act would be required to issue an order to either stop or not occur or not to be organized. In addition to this, the Federal Magistrates Court may grant a ban to contravene or stop the order to prevent the industrial action if it supports pattern bargaining.
Whereas in case of a protected action which might cause a threatening situation for the Australian economy to be a part of it. This will lead to an endangered safety, health as well as welfare of the population. In such cases, the FWA 2009 will be required to stop the industrial action as it might lead to high levels of loss & lead to economic harm within the participants. In case further negotiations would be required, FWA will determine how to settle the various circumstances (Roth, 2010).
Þ Right of entry
The government of Australia has maintained a rule that only fit people will enter the premises apart from the union members. Only proper persons will be allowed to enter the workplace & they will hold a permission to work as per their roles & responsibilities. The following shall be the commitment which needs to be fulfilled (Australian Government, 2011). The right to enter the provision under the Fair Work Act 2009 will replicate the provisions covered in the Workplace Relations Act 1996. The main difference which is between the two is in regards to the rights to represent the industrial interests of the employees rather than an enterprise agreement. The union members shall comply with the strict conditions as well as hold a valid permit within the 24 hours notice.
Þ Protections from unfair dismissal for all employees
Under the Fair Work Act (FWA) 2009, it has been seen that there are new laws regarding the unfair dismissal for the small business owners & the employees. Employees of the small business will be unable to make a claim regarding the unfair dismissal unless & until a minimum employment period of 12 months has been achieved. Whereas, in case of larger business houses, the minimum employment period varies to 6 months (Industrial Relations and Other Legislation Amendment Bill, 2012). The Fair Work Act 2009, provides a declaration that, a simple small business fair dismissal code will make it easy for the business employers to follow as well as comply with the dismissal laws. With the help of Fair Work Act 2009, the organization i.e. Fresh First Canning Company will be able to conduct a thorough & a transparent review for the initial years. This will keep in mind the experiences of the employers of the small as well as medium sized businesses.
Þ A balance between work and family life
Provisions relating to fair balance between work & family life shall be kept into consideration within the Fair Work Act. The entire act has been designed in order to provide various provisions which will help to manage both work & family life in an effective manner.
In the entire regime, modern awards as well as agreements shall be included. This will help to make flexible arrangements, as well as allow genuine flexibility in terms of working hours, family friendly environment within the enterprise with strong protection for the employees. The National Employment Standards have increased the amount of unpaid parental leave which might be available to the parents & provides extension for the same. The extension will be up to a period of 12 months (depending upon the leave sanctioned for the partner). It must be considered that, the organization will refuse the same on the basis of certain reasonable grounds (Australian Government, 2011). The standards will help in order to request for flexible arrangements which would help the newly appointed employees at the Queensland to work in the effective as well as efficient manner. This will help to provide a friendly environment for the newly appointed employees. There will be additional protections within the Fair Work Act which will help to overcome discrimination within the enterprise covering the newly employed employees as well.
Þ The right to be represented in the workplace
The Fair Work Act (FWA) 2009 will also take into consideration the right to be represented in the workplace. Under this situation, the employees will remain free to choice or not to choose whether they want to participate within the collective activities such as collective bargaining or taking up the industrial action (HIA, 2009). The Fair Work Act will also help in the protection of the employees & represent the union delegate. The philosophy of “treat one & all equally” is being covered within the same. It is unlawful for the person to be discriminated as all those working within the organization represent the enterpriser in some of the other manner.
Þ National Workplace Relations System for the Private Sector
On January 2010, major milestones have been taken into consideration within the workplace in regards to the arrangements with the commencements of Government’s single workplace. It shall be taken into consideration that, corporate & employees within the private sector from Queensland, Tasmania, New South Wales & South Australia will be covered within the Fair Work Act. It means that, the newly appointed employees for the factory situated in Queensland will be covered within the same. It must be seen that, special arrangements will be made in order to ensure smooth transition within the private sector counterparts in the Government’s Fair Work system (Australian Government, 2010).
Australia now has various relation systems which provide approximately 96 percent of the employees with access to the similar workplace laws, rights & emoluments, entitlements, tribunals, minimum conditions, similar business regardless of the state, across borders regardless of how they are trading i.e. sole proprietorship, enterprise or partnership.
- Advantages & Disadvantage:
Some of the advantages & disadvantages attached with the Fair Work Act 2009 will be to provide a balanced framework which will help to have cooperative & productive workplace relations. This will help in order to promote national economic prosperity as well as social inclusion for all the Australians mentioned under Section 3 of the Act. Based upon the fact that, how it is applied in practice such type of framework has the capacity to influence economic performance within the following areas:
Þ Fairness as well as equity within the workplace
Þ Employment & participation
Þ Industrial disputation
Þ Level of time lost
Þ Consistency amongst the remuneration outcomes
Þ Levels of consumer price inflation based upon the central bank
Þ Clarity as well as efficiency with which the remuneration of the labor depends. It totally depends upon the market demands for the same
Þ The framework imposed upon the employees & employers
Þ The framework which encourages enhancement of the overall productivity.
Respondents would be required to plan submission partly or entirely which would bear the issues in their mind. This will help to have a clear link between the outcome & the Fair Work Legislation. The improvements in the operation of the entire legislation shall be advocated which would help in order to propose the different types of changes within a given legislation. Fairness as well as equity shall be assessed which would lead to have more qualitative measures on aspects of the economic performance.
- Recommendation
Hence, the following recommendations can be provided to the CEO of Fresh First Canning Company. They are as under:
Þ Practice collective bargaining at the enterprise level: The first recommendation which shall be kept in mind by the CEO of Fresh First Canning Company refers to collective bargaining within the enterprise level. Collective bargaining will be referred to as a heart of the government’s fair work system. An enterprise agreement is to be made between an employer & the employee (Australia, 2011). An enterprise agreement shall be made between the employee & the employer in order to provide formal negotiations as well as successfully bargain with one another. It must be seen that, if the bargaining is not occurring in good faith, Fair Work Act (FWA) 2009 will consists of power which would help to make the order to ensure with compliance of the requirements.
Þ Right to entry: The government of Australia has maintained a rule that only fit people will enter the premises apart from the union members. Only proper persons will be allowed to enter the workplace & they will hold a permission to work as per their roles & responsibilities. The following shall be the commitment which needs to be fulfilled. The right to enter the provision under the Fair Work Act 2009 will replicate the provisions covered in the Workplace Relations Act 1996 (Australian Government, 2009). The main difference which is between the two is in regards to the rights to represent the industrial interests of the employees rather than an enterprise agreement. The union members shall comply with the strict conditions as well as hold a valid permit within the 24 hours notice.
Þ The right to be represented in the workplace: The Fair Work Act (FWA) 2009 will also take into consideration the right to be represented in the workplace. Under this situation, the employees will remain free to choice or not to choose whether they want to participate within the collective activities such as collective bargaining or taking up the industrial action.
Þ Balance between work & family life: Provisions relating to fair balance between work & family life shall be kept into consideration within the Fair Work Act. The entire act has been designed in order to provide various provisions which will help to manage both work & family life in an effective manner.
- Conclusion
Hence it can be concluded that, Fair Work Act 2009, is to settle as well as vary the modern awards, resolution of the disputes, fixation of the minimum wages to be provided to the employees within in a given organization, approval regarding the agreements as well as handling of the dismissal. Fair Work Act (FWA) 2009 has been referred to as a successor to the Australian Industrial Relations Commission (Australian Government, 2009).
The various options available with the CEO of Fresh First Canning company would be to practice collective bargaining, possess Greenfield agreement, maintenance balance between family & work life, and restrict the right to entry and protection from unfair dismissal right to be represented in the workplace. These options will help the CEO to figure out the best terms & conditions of employment for employees at the new Queensland factory.
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