Australian Workplace Relations System Essay Example
Australian Workplace Relations System Essay Example

Australian Workplace Relations System Essay Example

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  • Pages: 11 (2853 words)
  • Published: June 15, 2022
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Workplace relations refer to the interpersonal relationships between individuals in organizations where these relationships develop and exist. The government of Australia, through the Department of Employment, has put efforts in place to ensure that all the employers and employees have flexible and current workplace arrangements that are beneficial to all the Australians and the economy as a whole.

The department sees to it that there is a national workplace relation system, safety in working environment, and flexibility to ensure high employment standards. The Australian national workplace relations system provides a floor for the establishment of safety net, containing less terms and conditions of employment including other rights and responsibilities in workplace. The system is effective in that it has protected young and Australian employees’ opportunities and voices, without gender or ability discrimination, creatin

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g equity and fairness. There are many current issues related to workplace in Australia. They include national workplace relations system, Paid parental Leave that offers parents in the working sector 18 weeks parental leave pay, funded by government at a rate of national minimum wage. Fair Entitlements Guarantee (FEG) is another current issue, which involves financial assistance to cover unpaid entitlements of employment to employees who might have lost their jobs due to bankruptcy of their employer on or after 5 December 2012.

Last issue is Building Code 2013. It gives details regarding the requirements for individuals participating in a building work funded by Commonwealth (AULICH, C., & WETTENHALL, 2008). Australia’s workplace relations system is in the Fair Work Act 2009 and in other laws with the duty of covering majority of private sector employees and employers in the country. The workplace relations framework ha

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several elements.

  1. First one is a safety net containing limited terms and conditions of employment.
  2. Second element is a system of collective bargaining in the enterprise level, controlled by bargaining obligations and rules of industrial action.
  3. Others are individual flexibility plans provided to workers and employers in order to have flexible arrangements related to work, to ensure they meet their needs. Protections from unfair and unlawful termination of employment and freedom protection for employees and employers for them to be free at choosing whether a third party to represent them in matters related to workplace or not. Commonwealth parliament has the mandate of enacting Australia’s workplace relations law. Fair Work Commission and Fair Work Ombudsman oversee the practical application of the Fair Work Act.
  4. Fair Work Commission is an independent tribunal in the matters of national workplace relations. It has power to matters like the safety net of minimum terms and conditions, bargaining, industrial action, resolution of dispute, and employment termination.
  5. Fair Work Ombudsman carries out educative duties. It assists employees, employers, and the community to comprehend their rights and responsibilities in the workplace, enforcing their compliance Australia’s workplace laws (GOLLAN, MARKEY, & ROSS, 2002). Last year, 26 November 2015 to be exact, an amendment titled, Fair Work Amendment Act 2015 was effected.
  6. The amendment emphasized on reforming greenfield agreement making and application of negotiations of good faith to negotiations, and provision of a notified six month optional negotiation period (AUSTRALIAN GOVERNMENT, 2008). It also stimulated the starting of measures of monies value maintenance held by Commonwealth for underpaid workers (AULICH & WETTENHALL, 2008).

    The amendment also stated that extended unpaid parental leave request stand

no chance of rejection, unless the employer has offered the employee an opportunity to discuss about the request. Application for protected ballot can occur after commencing of proposed enterprise agreement bargaining process.

  • The government also introduced a bill into the parliament in 3 December 2015. The Bill advocated for laying of clarity and certainty provision measures for both employees and employers while still maintaining the existing employees’ protections. It supported reforms of business transference stating that incase an employee transfers to a different entity through the business own initiative, but associated to the current employer, their industrial instrument will not transfer with them. Final point of the Bill emphasized on reforms in union rules on workplace access to ensure they address the issue of excessive discussion visits.

    According to COLE, (2007), delivering of Australian Government’s workplace relations system involves several agencies. Comcare assist in preventing harm in workplace by ensuring that employees are at all-time healthy and safe at work. It promotes early intervention to ensure fast recovery and return to work. Others are office of Federal Safety Commissioner, Rehabilitation and Compensation Authority, and Safe Work Australia.

  • Safe work Australia focuses on the improvement of work health, safety, and compensation of workers across the country. It also looks at issues of diversity and inclusion, which aim at creating an environment with values that recognizes people with different backgrounds, experiences, and views (GOLLAN, MARKEY, & ROSS, 2002).

    The organization aims at promoting fairness, equity, and diversity. The agency commits its efforts mainly to people with disabilities, aged workers, aboriginals, and people from backgrounds with diverse cultures and linguistics. Many workers in different countries face different forms of harassments

  • and discriminations. In Australia, Safe work Australia has battled to ensure there is equity in al employment sectors, inclusive workplace environment, and a successful workplace without discrimination and harassment. The agency aim at achieving this through fair employment decisions like issues related to promotion on merit basis.

  • Trade unions have played a crucial role in bringing equity, fairness, and choice to all employees in Australia.

    One famous and largest trade union is SDA (Shop, Distributive, and Allied Employee’s Association), with young people and women being the majority members. It covers areas like retail, warehouse, fast food, pharmacies, drug manufacturing and distribution, and others. Since the establishment of Australian workplace relations system, its primary role has been delivery of workplace fairness and justice to the employers and employees. Its inception has seen many millions Australians benefit directly or indirectly. The presence of strong and fair system helps all society aspects and help Australia meet its international law obligations. This is a sign that, the system not only benefits the people economically, but also physically.

    Fair system is the one that looks at issues of power balances, ensuring that each person irrespective of age, gender, disability, and status of employment, role, or any given characteristic has a fair go. Female, young, and part time employees find themselves working in low paying jobs in Australia. In addition, their ability becomes limited. In order to balance the needs of all the employees, a strong and fair legislation was of importance, which led to the formation of Fair Work Act (AUSTRALIAN GOVERNMENT, 2008). Although there are few concerns from the employer and employee representatives, the commission has managed to perform its functions

  • in a fair and equitable way. It has enabled the employees in the country to develop cooperative and productive relations, helping them to prosper economic prosperity and social inclusion for all Australian citizens.

    Through the Act, employees find fair and flexible laws in their working institution that has helped in bringing productivity and growth of the Australia’s economy. It also prevents employers from undermining the safety net of fair by imposing individual agreements of employment that are not a part of fair workplace relations system (AUSTRALIAN GOVERNMENT, 2008). Employees find it hard to balance between their families and work commitments, but the Act has given Australian employees flexible arrangements that allow them to balance between work and family responsibilities. Several measures are in place to strengthen the Act to ensure full protection of employees’ opportunities and voice.

  • One measure is the strengthening of provisions on matters of anti-discrimination to ensure there is fairness in the workplaces (BOXALL, FREEMAN, & HAYNES, 2007). It also aims at protecting those with disabilities from discrimination, ensuring privacy protections, preventing redundancy provisions from misuse, which can interfere with women returning from maternity leave.

    It also aims at eliminating discrimination of young workers by eliminating the practice of junior rates that see people aged between 18 to 20 years earn less compared to adults in the same work positions. The main function of workplace system is providing fair and balanced system to all parties. This allows not only business, but also employees to thrive. Majority of citizens in Australia are employees. It is crucial that each system support them by making sure that they get fair and good wages, opportunities to make their

  • skills better and secure employment that one can rely on without tensions of being fired.

    The system also has a role of ensuring business growth for them to continue employing millions of citizens who depend on the businesses success to earn their living. Unions in Australia have managed to represent the voices of the voiceless employees who lack ability of ensuring that the conditions at their workplaces are fair and just. Recent data shows that in many countries, the working poor are suffering in poverty (AUSTRALIAN BUREAU OF STATISTICS, 2010).  The solution to this vice is to increase union power and their presence and wage increase. Lack of collective voice makes some employees suffer poorer results compared to others who have a union to represent them.

    Presence of a union helps in wages increase and ease access to leave. Other issues that can emerge due to unavailability of unions include sexual harassment incidences. Unions act as avenues for employees to raise complains without any fear of recrimination. They also provide checks and balances to employers’ behavior.

    Fair and balanced workplace relations system emerges due to presence of unions. According to EVESSON ET AL, (2007), the modern award system in Australia is a major safety net in the workplace relations system. It has ensured that all workers receive fair wages and working conditions.

  • The award system allows employees and employers to negotiate other flexibilities that are suitable to them and the business needs. Lack of such system oppresses employees during negotiation times where decisions made only favor the needs of the business leaving those of employees unsafeguarded. Award system has been there in Australian workplace relations for many years.
  • The feature has distinguished the country from other industrialized nations as it creates strong safety nets for millions of Australian employees.

    The system ensures the features fit the industries in which they are applied assisting employers manage their workers. A good example is the General Real Industry Award 2010. It recognizes trading hours and day expansion through spread of hours. Those working at unsociable hours get full compensations. Each industry in Australia has its own award, something that has simplified workplace relations for all employees, especially for those working in companies that operate across state boundaries (COLE, 2007).

    The award system, therefore, has given Australian employees safety nets that protect them from exploitation. It has also provided them with working conditions that are decent making them to have a voice. Penalty rates have also protected employees and their voice in Australia. They apply when employees work in unsociable hours and weekends. The penalties rates help compensate workers for interference with their personal, family, and social life. In other countries, employees suffer from overworking.

    Employers make them work at late hours and during weekends without any compensation. Australia is different as working on weekends or extra hours attracts penalties that pay for the employee family and social time. Working on evenings or weekends has many effects on employees, families, and community. Many working extra hours suffers from physical and mental health issues, stress, dissatisfaction at work, and work-family struggle. Families suffer from marriage dissolutions, poor children education results, and parenting stress. Poor functioning families affects the community performance as few or less people participate in volunteering activities, lading to low social productivity and loss of cohesion.

  • The Australian workplace
  • relations system protects workers from bullying.

    One measure put in place to reduce the vice is increased community education and awareness. Other measures include introduction of anti-bullying laws (COLE, 2007). The laws provide a platform where individual complaint of workplace bullying is resolved at a low cost, quick, and effectively. Absence of anti-bullying laws made the employers not to report the humiliating act as doing it made the situation worse, causing greater harm like work termination and psychological injury. Many opted to live with the injuries to secure their work. The presence of anti-bullying laws in Australia has given the employees a voice as they can address bullying incidents without any fear.

    Apart from the Australian anti-bullying laws, Fair Workplace Commission (FCW) has also helped in managing bullying claims quickly and cheaply as it has experienced people who manage and resolve these conflicts (BOXALL, FREEMAN, & HAYNES, 2007).

  • Australia has Right of Entry regulations that ensure employees easily accesses their unions and allow them have freedom of association. It gives unions power to inspect breaches related to safety regulations. The current right of entry regulation is in line with FWA objective of fairness representation and discrimination prevention by acknowledging right to freedom of association and representation right (TEICHER, HOLLAND, & GOUGH, 2013). The right to entry laws helps in striking a balance between employees and employers interests.

    The employees can now attend meetings, which they could not do earlier as they were required to produce permits for them to attend a meeting. The employers made the employees to be uncomfortable for them not to attend the meeting. This limited their voices, as many employees were not part of

  • decision-making team. Even when policies implemented were oppressive, they had no platform to address their complaints. Bringing of balance in interests made discussions during breaks easier.

    WorkChoices Act has played an important role in protecting the Australian employees and their voices. It prohibits any discrimination in the employment sector.

    Breach of this prohibition makes one pay a penalty of around $33,000 and $6600 for corporation and individual respectively. The main purpose of setting up the provision was to protect freedom of association (TEICHER ET AL, 2013). Over past years, Australian employers have seen many changes to the workplace relations system. They have seen introduction of WorkChoices laws and Fair Work Act 2009. Workplace relations will dominate the upcoming Federal election.

    Leaders expect changes related to the employment sectors in the coming years to increase growth in economy through debt reduction (CCH AUSTRALIA, 2010). Major current issues that relate to fairness, equity, and voice include unfair dismissal, industrial disputes, transfer of business, migrant workers, and general protections. In order to eliminate unfair dismissal the country plans to introduce non-refundable fees due to unfair dismissal. General protections aim at clearly defining the workplace right for every employee and introducing a provision that allows awarding of an employee due to unsuccessful pursue on a dismissal claim. Productivity Commission plans to reduce exploitation among the migrant workers through making relevant information readily available to migrant workers. Increase of resources for effective monitoring is also a current issue.

    Keeping of false records regarding a migrant worker will attract an increased penalty. In 2016, Australian government intends to re-establish Building and Construction Commission and legislative reforms to ensure improvement in matters of transparency

    and accountability by Australian organizations. Australian Workplace Relations System has evolved for many decades. In the past, workers or employees lived in poor working conditions characterized by inequality, poor wages, unfairness, and other discriminatory issues of employment (FORSYTH & STEWART, 2009). The young received less pay compared to an adult for carrying out similar work tasks.

    The employees had no voice as they had no permits to enter into meetings, which are crucial for their wellbeing in the workplace (BOXALL, FREEMAN, & HAYNES, 2007). Employees went through several discrimination, including bullying. Even after all these, they could not report the cases due to fear of losing their jobs. Employers exploited the workers by making them to work extra evening and night hours, including weekends without compensation.

    The overworking made many develop health issues like depression. Other suffered marriage dissolutions and poor children performance in education. Their failure to comply meant that they could lose their jobs. People with disabilities had no chance of securing any employment.

    The reforms brought by the workplace relations system saw development of fairness and equity (COLE, 2007). The oppressive legislatives saw elimination through the introduction of issues like penalties, right of entry, Fair Work Act, and Commissions brought equity and fairness where all employees regardless of their culture, gender, or age had equal chances in the employment sector (CCH AUSTRALIA, 2010). Union establishment gave the voiceless employees voice to address issues of discrimination or bullying (BOXALL, FREEMAN, & HAYNES, 2007). The most crucial reform was underpinning all the regulations under one Act ensured that employers do not draw individual agreements that interferes with the national laws. Reforms have brought flexibility in the workplace,

    which has enabled Australian employee to balance their work with their family duties. Women are not sacred of losing their jobs due to pregnancy as it was before.

    They are benefiting from paid leaves, fully funded by the government. The reforms have increased employment security, which has protected employees and their voice (BOXALL, FREEMAN, & HAYNES, 2007). Currently, the issue of workplace relation is a hot topic in Australia, especially in the political Arena, keeping in mind that Federal elections are on the way. The issue of equity and balance has extended to accommodate even the migrant workers to ensure all Australians employees, irrespective of the backgrounds receive equal and fair treatments in their workplaces.

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