BSBWRK510 Summative Assessment – Knowledge Questions

Anna Luisa Silva Cotta PRC000010J

1. Describe these entities and summarise the role they play in the Australian industrial
relations/employee relations system:

a. Fair Work Ombudsman

The Fair Work Ombudsman is an independent statutory office. Our jurisdiction

is set out in the Fair Work Act 2009 and our services are free to all workers and
employers in Australia.

Our main role is to: promote harmonious, productive and cooperative workplace
relations ensure compliance with Australian workplace laws monitor certain 457
subclass visa arrangements.

Our free services include: a single point of contact for reliable and timely
information about Australia's workplace relations system educating people working in
Australia about fair work practices, rights and obligations assessing complaints or
suspected breaches of workplace laws, awards and registered agreements and some
Fair Work Commission orders litigating in some circumstances to enforce workplace
laws and deter people from doing wrong in the community building strong and effective
relationships with industry, unions and other stakeholders.

We work closely with the Fair Work Commission to ensure our services are
integrated, timely, relevant and accessible to all Australians.

b. Fair Work Commission

The Fair Work Commission is Australia’s national workplace relations tribunal.

Its role is to assist employees and employers to maintain fair and productive
workplaces. The Commission is an independent body that operates under the Fair
Work Act 2009.

Some of its roles include: setting minimum wages creating and changing
modern awards approving enterprise agreements, and acting as the independent
umpire in disputes, including unfair dismissal claims.
 Individuals can come to the Commission if they believe they have been: unfairly
dismissed discriminated against, victimised or unfairly treated under the provisions of
the Fair Work Act, or bullied at work and want an order to prevent that from happening.

The Commission does not handle complaints about wages, superannuation or

workplace safety. Each of these matters is handled by other government agencies.
The video on this page explains which agency to call on for help in different
circumstances.

c. Unions d. Employer Associations

Since 1 July 2009, industrial organisations such as employer associations and

unions have been able to apply to the Fair Work Commission for registration under the
Fair Work (Registered Organisations) Act 2009 (the RO Act).

These organisations provide support and advice to employers and employees

to help them better understand their rights and obligations in the workplace. As of 1
May 2017, the Registered Organisations Commission regulates registered
organisations. However, some registered organisations functions remain with the Fair
Work Commission.

Industry: Building and construction | Cleaning | Clerical | Education | Entertainment |

Fire | Finance | Food manufacturing | Government | Graphic design and print | Hair
and beauty | Health | Horticulture, pastoral and agriculture | Hospitality and fast food |
Metal, engineering and manufacturing | Real estate | Retail | Road Transport

2. Describe the enterprise bargaining or workplace bargaining process:

a. What is the purpose of this process?

Enterprise bargaining is the process of negotiation generally between the
employer, employees and their bargaining representatives with the goal of making an
enterprise agreement. The Fair Work Act 2009 establishes a set of clear rules and
obligations about how this process is to occur, including rules about bargaining, the
content of enterprise agreements, and how an agreement is made and approved.

b. Who is involved?
 A bargaining representative is a person or organisation that each party to the
enterprise agreement may appoint to represent them during the bargaining process.
The Fair Work Act 2009 identifies the following as bargaining representatives:
• an employer that will be covered by the agreement
• a trade union who has a member that would be covered by the agreement
(unless the member has specified in writing that he or she does not wish to be
represented by the trade union, or has appointed someone else)
• a trade union who is entitled to represent one or more employees who will be
covered by a greenfields agreement
• a trade union that has applied to the Fair Work Commission for a low paid
authorisation that relates to the agreement
• a person specified in writing as their bargaining representative by either an
employer or employee who would be covered by the agreement. For employees who
are a member of a trade union, the default bargaining representative is their trade
union unless the employee appoints another person. However, employees can
generally appoint whoever they wish as their bargaining representative, including
themselves.

c. What happens during this process?

Once bargaining is complete and a draft enterprise agreement has been made,
it must be submitted to a vote by the employees who will be covered by the agreement.
Before a vote can occur for employee approval, the employer must ensure that:
• during the seven-day period before voting for the agreement, employees are
given a copy of the agreement and any other material incorporated in the enterprise
agreement. The employer must also notify employees of the time and place the vote
will occur and the voting method that will be used
• they take all reasonable steps to ensure that the terms of the enterprise
agreement, and the effect of those terms, are explained to the employees, and
• the explanation is provided in an appropriate manner (e.g. appropriate for
young employees, employees from culturally diverse backgrounds or employees who
did not have a bargaining representative). Employees must endorse the agreement by
voting for it. The vote cannot occur until at least 21 days from the date employees
were notified of their right to have a bargaining representative.
3. Explain dispute resolution procedures:
a. What are they?
A dispute exists when one or more people disagree about something and
matters remain unresolved.

Dispute resolution refers to the processes by which disputes are brought to an

end. This can occur through:
• A negotiated outcome, where the parties concerned ort out things
themselves
• a mediated outcome, where the parties use the services of an
independent mediator to help them rive at their own agreement, or
• an arbitrated or adjudicated outcome, where an dependent arbitrator or
court determines how the dispute is to be resolved and makes a binding
decision or order to this effect.

b. What is their purpose?

The purpose of a dispute resolution clause is to allow you and the party you are
contracting with to set your guidelines as to how you will resolve any potential issues.
Effective dispute resolution can help employers to maintain good relationships
with their employees by dealing with workplace issues at an early stage. Employees
will likely be more cooperative and productive if they know that their grievances will be
taken seriously by the employer and there is the opportunity for an independent party
to assist in resolving the dispute if it cannot be resolved at the workplace. A good
dispute resolution process with a focus on effective resolution at the workplace level
may help to avoid the costs of resolving a claim externally; for instance, via arbitration
before the Fair Work Commission, or through litigation in the Federal Court of
Australia.

c. Where can they be found?

If you are unable to resolve a workplace conflict, there are trained professionals
who can advise and assist you.
 The Queensland Government's dispute resolution centres have trained
mediators to help everyone involved in a workplace dispute reach a satisfying
settlement.

Mediation sessions are usually attended by 2 mediators who act as impartial

third parties. Their role is to make sure all people involved in the dispute get the chance
to make their point.

Dispute resolution centres can also help your workplace develop systems that
actively prevent or manage conflict.

The Queensland Law Society also has a range of mediation and alternative
dispute resolution services. Read how you can find a mediator accredited under
the National Mediator Approval and Practice Standards 2007.

d. What are some common ‘steps’ in dispute resolution procedures?

Where a dispute has arisen, employers working at best practice will:

• Ensure have a simple, quick, fair, confidential and transparent dispute
resolution procedure in place, whether it be includes as part of a modern award,
enterprise agreement, company policy, employment contract or other industrial
instrument.
• Ensure employees are made aware of the applicable dispute resolution
procedures.
Where a dispute has arisen:
• Work towards solving the problem and maintaining healthy working
relationships.
• Determine which dispute resolution procedure applies
• Comply with the correct procedure quickly and fairly
• Use the best efforts to resolve the dispute at the workplace
• Where this is not possible, refers the dispute to an independent mediator or
arbitrator such as the Fair Work Commission with the power to deal with the
dispute.
4. Explain the Fair Work Act 2009:
a. What is it?
 The Fair Work Act 2009 (FW Act) and the Fair Work Regulations 2009 are the
main legislation we deal with. They govern the employee / employer relationship in
Australia. They provides a safety net of minimum entitlements, enables flexible
working arrangements and fairness at work and prevents discrimination against
employees. The Fair Work (Transitional Provisions and Consequential Amendments)
Act 2009 allowed certain parts of the Fair Work system to gradually phase in from 1
July 2009 until around 2014.

b. What is its purpose?

The purpose of this system is to provide a balanced framework for productive
workplace relations which promotes national economic prosperity and social inclusion
for all Australians. Which essentially means that it is in place for the good of all and
does not come with any subjective or biased perspectives.

c. What kind of information does it contain? What topics does it cover?

This is quite a broad understanding of what the Act is designed to do. More
specifically, the Act:

• provides for terms and conditions of employment

• sets out rights and responsibilities of employees, employers and organisations in

relation to that employment

• provides for compliance with and enforcement of the Act

• provides for the administration of the Act by establishing the Fair Work
Commission and the Fair Work Ombudsman

On top of these provisions and guidelines, the Act also gives employees and
employers a guaranteed safety net of fair, relevant and enforceable minimum terms
and conditions through the National Employment Standards (NES), Modern
Awards and National Minimum Wage orders – each of which entail their own specific
adherences.

The purpose of these standards is to provide protection to all people working in

Australia and as such they are unbiased and cover the following areas:
• hours of work

• right to request flexible working arrangements

• parental leave

• personal/carer’s and compassionate leave

• community service leave

• annual leave

• long service leave

• public holidays

• notice of termination and redundancy pay

• fair work statement

5. List sources of advice/information on industrial relations/employee relations

issues for the following groups:
a. Employers

Employer obligations to employees include:

• Provide a safe workplace

• Pay correct wages
• Reimburse employees for work-related expenses
• Collect Tax installments and forward to the Tax Office
• Make payments as required by law towards the employee's Superannuation
• Provide a workplace free from harassment including sexual harassment
• Allow employees to join a union.

b. Employees

Employees have rights in a number of areas. These include:

• Freedom from harassment and sexual harassment

• Right to join a union
 • Right to work in a safe workplace
• Right to fair remuneration

Employee Responsibilities

In exchange for payment and protection that the law provides, employees are
expected to act responsibly and ethically. Key areas here include punctuality,
confidentiality, objectivity, integrity and safety.

Punctuality

Lateness and unpredictable attendance cause difficulties for employers. People who
exhibit poor punctuality are a burden to the rest of a work group.

Ethical Behaviour

Good ethical behaviour includes:

• Conducting proper dealings with customers/clients and suppliers (ie no conflict

of interest or fraud)
• Responding to competitors' behaviour without transgressing the law
• Complying with governmental regulations
• Providing good products or services
• Observing good environmental practices
• Providing support to work colleagues
• Ensuring fair staff selection and recruitment practices
• Providing good quality of work

Obedience

Employees are expected to be obedient to all lawful orders from their employer, or
employer's agent (e.g. manager). Employees are expected to carry out work assigned
to them (the job description) in the manner requested by the employer provided it isn't
against the law.

Confidentiality and Privacy

Employees must not misuse and information about clients or company personnel.
Under the Privacy Act, information can only be used for the purpose for which it was
collected.

Safety and care

Employees are responsible for acting with all due regard to safety, at all times. They
have a responsibility to observe the legal safety regulations. They can be held
responsible if safety equipment such as clothing provided by the employer is not worn
in the workplace. Employees must give consideration to the health and welfare of co-
workers.