Overview of Australian Industrial Relations

Describe about the Australian Industrial Relations for Amended Employees.

1. As from 1 July 2013, the Fair Work Act ( Australia) was amended to provide employees, who are victims of domestic violence, to negotiate flexible working arrangements with their employers. Why was this legislative amendment put in place? In your view, is this legal reform justified or unjustified? If you, as the human resource manager, had received such a request, how would you deal with it?

The fair work act 2009 was brought in Australia by the Rudd government, when they came to power in the year 2007 (Hor & Keats, 2009). The aim of this act is to bring reform to the system of industrial relations in Australia. This law was replaced by the last Howard legislation government work choice, and this law came into operation in the year 2009 (Hor & Keats, 2009). Collective bargaining tries to regulate the terms, under which the employers recruit the staff and the future future employee’s treatment. Collective bargaining is considered as the mechanism that permits the employees, employers as well as parties for expressing the objective that too with respect towards work (Hor & Keats, 2009).

In the year 2010, the new arrangements of bargaining that comes under the Fair work Act came into operation. Contrary with the original arrangements, which are quite dominant and falls within the last Coalition legislation of work choice, the new regulations place the high stress over the company based bargaining by removing the agreements of individual Australian workplace (Hor & Keats, 2009). It includes the outlaw trade pattern and it also minimizes the difference among non-union and union arrangements (Hor & Keats, 2009).

Along with this, government from last so many years had established the bodies that mainly try to deal with the industrial disputes resolution and even act as the single umpire for setting the less employment and wages standards (Creighton & Forsyth, 2012). The present body is referred as the Fair work Australia. It also tries to enhance the agreements which come near to the level of the enterprise and even ensures about all parties, which comply with the accords (Creighton & Forsyth, 2012). It also tries to resolve the disputes that go to the employees and employer, when no agreement could be met. Fair work Australia also tries to set up less level of wages for the lowest paid employees by the support of Minimum wages panel (Creighton & Forsyth, 2012). It is evident that the office legitimate work Ombudsman tries to initiate the compliance through the legislation by information, education, and assistance (Creighton & Forsyth, 2012). It also seeks to appoint the inspectors for Fair work that could monitor the compliance with legislation and undertake the action of enforcement by the court, if it’s required (Creighton & Forsyth, 2012).

Role of Fair Work Australia in Industrial Relations

Fair work Australia is considered as the tribunal of the national workplace. It’s referred as the independent body that is highly independent of the government, union, and business and it also emphasizes over offering support to both the employers and employees (Creighton & Forsyth, 2012). Fair work Australia also tries to power the broader than the Australian industrial relations commission powers, and it also covers up the power of different awards, makes fewer wage orders; it also assesses the agreement by the use of complete test; it also approve the contracts; it also determines the claims of unfair dismissal; it also makes orders over certain things like industrial action and better bargaining (Creighton & Forsyth, 2012). It also includes different as well as modify the transferring instrument of employment in business transfer; it also assists the employers and employees for resolving the disputes at the workplace; it also deals with the problems that arise through the right related to the entry provisions (Creighton & Forsyth, 2012). It also deals with the problems coming through the basic protections as well as the provision for unlawful termination. It also deals with the national employment entitlement standards extension (Creighton & Forsyth, 2012).

In the case of what should be considered under the Fair work Australia includes. For permitting the agreement of company, Fair work Australia should be highly satisfied that particular needs should be met, it includes the agreement, which is made through the agreement of staff including the agreement (Robbins, Cenzo, Coulter & Woods, 2013). This deal pass the complete test and fails to include the unlawful terms as well as mentioned outworking terms; the group of staff including the agreement was better selected; the agreement also says about the particular date like the regular expiry date, which is not more than the four years, after taking approval of Fair work Australia (Robbins, Cenzo, Coulter & Woods, 2013). This agreement also offers the dispute procedure of settlement, and it also includes the consultation clause and flexibility clause (Robbins, Cenzo, Coulter & Woods, 2013). It has been traditionally seeming to be quite sensitive as well as individual subject, but as per the Fair work commission staff, they require too dangerous for the disclosure policies in the workplace. Workplace relations is considered as something, in which large employers had to face the enormous amount of time at work (Robbins, Cenzo, Coulter & Woods, 2013). While it is noted that office romances are not uncommon, the parties include taking reasonable measures to ensure about the work, that it should not get impacted. The Fair Work Act current decision tries to reject the application of unfair dismissal of the managers of Westpac that highly failed in disclosing the workplace affairs with their subordinate staff, in case one gets failed in communicating relations of office (Robbins, Cenzo, Coulter & Woods, 2013). In certain situations, where managers tries to form the relationship with their subordinate, mainly when the managers directly try to supervise the subordinates, the Fair work Act includes the perception that relations holds the potential towards creating the conflicts that are in interest of the office (Robbins, Cenzo, Coulter & Woods, 2013).

Dealing with Workplace Relationships

The question is what human resource managers should do. In such case, while it would be challenging for the staff to work towards enforcing the policy of no relationship, and all the human resource managers should concrete over the restrictions and disclosure policies (Baker & McKenzie, 2010). Fair work Act decisions include considering the main problems, which includes, the system of conflict interest, as it tries to stop the conflicts of interest that go between the subordinates and managers and offer the solution, for instance, reassigning the staff in the relationship form (Baker & McKenzie, 2010). It also includes the disclosure policy, which tries to oblige the one, that is included in the workplace romance for the purpose of disclosing the relations with the human resource manager, to take the step that could ensure that there is no potential for conflicting interest (Baker & McKenzie, 2010). It also provides the relationship policies in the workplace that are also evident to all the employees and it also ensure about the supervisors, who should be trained for supervising efficiently and manage the relationship at work with the office subordinates (Baker & McKenzie, 2010).

While dealing with the workplace relationship, HR managers need to look for the disclosure policy; that fails to guarantee that each person will get abide with it. The business also requires to have the system of a workplace relationship, which tries to outline the steps that should be considered the relationship and mention that it’s not openly disclosed to everyone (Baker & McKenzie, 2010). Human resource managers require to make sure that the workplace and disclosure relationship policies mentions that disciplinary actions should include about the dismissal, and should consider, where the staff fails to open and offer adequate disclose of the workplace relations, mainly the relationship that hold the potential towards creating the conflicts that are in interest of the company (Baker & McKenzie, 2010).

Disclosure of the office relations need to be intimate interaction among the HR manager, and employees, who will be later on decided whether the required changes are necessary to be made for the purpose of reducing the risk involve in any relationship related issues (Baker & McKenzie, 2010). Staff should be prepared to depict the relationship doesn’t create influence on the business or work. HR managers also make sure that the firm is not adversely impacted by the workplace relations, and in this case HR manager should try to implement the policy of disclosure or either the contractual needs, which express that disciplinary action should be considered, that also includes dismissal, in which staff fails in opening about the release of workplace relations and also make sure that the staff is aware of the responsibilities that go under the workplace and disclosure of the relationship policies, along with the obligations related to the office relations with human resource manager (Rogers, 2010).

Handling Requests for Flexible Working Arrangements

Under the present legislation, the critical area associated with the staff relations, which is centralized is considered as a determination of less wage (Stone, 2011). Every year compared to the less pay panel of the Australian Fair work Act tries to determine the less wage for the permanent employees, which are not covered under the awards along with casual wages, less junior wage, and less training wages, and fewer wages for the staff are having a disability (Stone, 2011). While making the decisions, the MWP includes the submissions through the high-level employees of the company along, with high-level union bodies, as well as government (Stone, 2011). Fair work Australia also offers the assistance of bargaining for the staff in the less paid industries like aged care, child care as well as services of community. This is referred as the new features of the system of fair work. It is highly designated to support the employees that are missed out over the advantage of company bargaining in the past (Stone, 2011).

2. You may have read about the bitterly disputed enterprise bargaining agreement (EBA) between Victoria’s Firefighters Union and the Country Fire Authority (CFA), Australia from recent news articles. The Fair Work Commission has ruled in favor of Victoria’s Firefighters’ Union, sparking political unrest which resulted in the sacking of the entire CFA board (2); the resignations of Victoria’s Emergency Services Minister Jane Garrett (1) and, that of CFA Chief Executive Lucinda Nolan. Do you agree with Fair Work Commission’s ruling? If so, why then has it caused so much unrest? If not, what should it be and why?

The dispute going between the United Firefighters Union as well as Victoria’s country fire authority, which had tried to dominate the headlines (CCH Australia Limited, 2011). The Victoria country fire authority mentions that it helps the increase in wage for the firefighter’s career, but at the same time rejected the conditions of union, which is specified in the enterprise bargaining agreement (Fair Work Act, 2016). It mentions that it had the serious issues related to the proposal and it is threatened that it will try to marginalize the volunteers of CFA. The union had sought to hose the fears. It also mentions about the problem that is politicized as well as volunteers continue their role (McCarthy, Jenkin & Stewart, 2011). This process started with the talks going among the CFA and UFU that began in the last year October. In this case, the state government consult about the commission of fair work for the purpose of intervening, as well as it needs an industrial umpire, which could easily handle the recommendations (McCarthy, Jenkin & Stewart, 2011). Among the commissioners of fair work, Julius Roe’s recommendations over the non-binding had made controversial decisions, which could reduce the many professional firefighters that could be dispatched with the incidents, before commencing the operations of safe firefighting (McCarthy, Jenkin & Stewart, 2011). But within the recommendations of the Commissioner Roe, it mentions, that the findings should never impact the volunteers. As per the decision, the board of CFA had given a vote against the proposal as well as hundreds of firefighters, which had gone on streets for protesting (Varma & Budhwar, 2013).

Conclusion

Fair work commission is ruling correctly and includes the concern about the CFA. The board of CFA had also given a vote against the proposal by mentioning that; it has been 14 years related to the agreement, which also includes the clauses that might go unlawful (Deresky & Christopher, 2011). The proposed EBA tries to undermine the volunteers, culture permits the operations of UFU as well as control the management and are even different. They mentioned that they don’t help the required employee’s number for attending the fires as well as fear of changes that could sideline the volunteers (Deresky & Christopher, 2011). In this case, union mentions that they don’t want to work with the volunteers, but at the same time, they want firefighters to get safe. It also says that the volunteers are usually acting as the controllers, which hold the capacity towards providing orders (CCH Australia Limited, 2010). Peter Marshall of UFU mentioned that as the need for seven firefighters is given in each scene was mainly safety problem, and they would indeed deliver the next truck that could get dispatched (Townsend & Luck, 2012). He also mentioned that the next vehicle has failed to come out as it was expected due to the volunteer crew unavailability. The union also suggested that the seven rule are not applied on around 31 stations from 1200, and the one that arrived first, whether it’s the paid firefighters or either the volunteers, will be fighting. It also mentioned that the officer of dispute resolution would be placed for conducting disagreement on the union concerns (Loudon, McPhail & Wilkinson, 2013). Mr. Marshall had mentioned that the credibility of the state government would fall at stake if they failed to act on the recommendations that are made by the commission of Fair work (Loudon, McPhail & Wilkinson, 2013).

It was mentioned by Victorian Premier Daniel Andrews that they were quite confident that all the problems could be resolved quickly (Loudon, McPhail & Wilkinson, 2013).  The proposal requires getting cross-check through the Emergency and cabinet services minister, who was highly responsible for taking the hard-line that goes against the UFU claims (Loudon, McPhail & Wilkinson, 2013). It was mentioned by the Malcolm Turnbull, who was the Prime Minister, and he said in the CFA rally. But many others are working within the government, who said suggestions through the Fair Labor Commission as balanced nd fair. The problems had also occurred in the spotlight of the federal politics. Malcolm Turnbull, who was the prime minister tried to back the volunteers of CFA at the Melbourne rally, and they had even vowed towards amending the Fair work Act to protect the volunteers (Loudon, McPhail & Wilkinson, 2013).

Various weeks of infighting on the deal come in the head at the time of meeting conducted for the emergency cabinet, at the time when Andrews tried to backed the union that the primary campaign was put in the workplace and the minister consider to be one of the rising stars of government (Forsyth, 2010).

The resignation of Garrett also announced when the representatives left the room and followed through confirming that the government would make sue of the powers that comes under the Act of Country Fire Authority to force the company into signing the agreement (Fair Work Frequently Asked Questions, 2009). Despite of every concern, that were raised by Garrett and they addressed it. She had mentioned that she neglected to help the proposal of cabinet in order to end the dispute that was going for long term within the agreement of CFA enterprise (Forsyth & Stewart, 2009). Later on, in the press conference and in front of the firefighters, Andrew had mentioned about the decision about accepting the agreement that needs to be unanimous (Teicher, Holland & Gough, 2013).

Mr Roe had also criticised the manner in which CFA try to handle the process of bargaining by mentioning that there is no explanation offered about why the most current recommended results are different from the results of the previous one (Tovey, Uren & Sheldon, 2010). But it was also mentioned that the Brigades Victoria, who was the chief executive had given the warning about the deal that might ruin the CFA as well as try to marginalise the firefighter’s volunteers (Marten, 2013). The hearts of the volunteers was shattered today, as they were broken through the process, and they might destroy the CFA. It is noted that Premier should never accept the suggestions. Mathew Guy, who was the opposition leader mentioned that CFA was smashed if the government tried to push the pay deal (Smith, Vromen & Cook, 2012). Daniel Andrews should not approve the suggestions in order to smash with CFA and give the power of the company to the union (Riley, 2005). 

References

Baker., & McKenzie. (2010). Australian Master Human Resources Guide 2010. CCH Australia Limited

CCH Australia Limited. (2010). Australian Master Fair Work Guide. CCH Australia Limited

CCH Australia Limited. (2011). Understanding the Fair Work Act. CCH Australia Limited

Creighton, B., & Forsyth, A. (2012). Rediscovering Collective Bargaining: Australia’s Fair Work Act in International Perspective. Routledge

Deresky, H., & Christopher, E. (2011). International Management: Managing Cultural Diversity. Pearson Higher Education AU

Fair Work Act. (2016). “???????????? “”????????”””

Fair Work Frequently Asked Questions. (2009). CCH Australia Limited

Forsyth, A. J. (2010). Navigating the Fair Work Laws. Thomson Reuters Australia, Limited

Forsyth, A., & Stewart, A. (2009). Fair Work: The New Workplace Laws and the Work Choices Legacy. Federation Press

Loudon, R., McPhail, R., & Wilkinson, A. (2013). Introduction to Employment Relations. Pearson Higher Education AU

Marten, B. (2013). Port State Jurisdiction and the Regulation of International Merchant Shipping. Springer Science & Business Media

McCarthy, E., Jenkin, E., & Stewart, A. (2011). Parental Leave: A User-friendly Guide. Piper Alderman

Hor, J., & Keats, L. (2009). Managing Termination of Employment: A Fair Work Act Guide. CCH Australia Limited

Riley, J. (2005). Employee Protection at Common Law. Federation Press

Robbins, S., Cenzo, D. D., Coulter, M., & Woods, M. (2013). Management: the Essentials. Pearson Higher Education AU

Rogers, B. (2010). Australian Fair Work Act 2009: With Regulations and Rules. CCH Australia Limited

Smith, R., Vromen, A., & Cook, I. (2012). Contemporary Politics in Australia: Theories, Practices and Issues. Cambridge University Press

Stone, R. J. (2011). Human Resource Management. John Wiley & Sons Australia, Limited

Teicher, J., Holland, P., & Gough, R. (2013). Australian Workplace Relations. Cambridge University Press

Tovey, M. D., Uren, M. L., & Sheldon, N. E. (2010). Managing Performance Improvement. Pearson Higher Education AU

Townsend, R., & Luck, M. (2012). Applied Paramedic Law and Ethics: Australia and New Zealand. Elsevier Health Sciences

Varma, A., & Budhwar, P. S. (2013). Managing Human Resources in Asia-Pacific: Second Edition. Routledge