Chapter 22 - Workplace relations law. At the end of this chapter you should understand: the interaction between workplace relations law and employment law, the principal sources of Australian workplace relations law, the workplace relations systems in Australia, the major public policy factors that underpin workplace relations law,…
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Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning Copyright © 2000 McGraw-Hill Australia Workplace relations law Chapter 22 Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning Sources of workplace relations law Federal (Workplace Relations Act 1996 (Cwlth)) and State legislation Objectives: • Provide rights and obligations not available to common law • Codify and expand the common law • Provide rights and obligations across the workforce • Redress what is regarded as unequal bargaining power in contractual negotiations between an employer and an employee Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-3 Australia Copyright © 2000 McGraw-Hill Regulation by industrial awards Includes: Statutory employment terms Industrial award terms Statutory Employment Agreement terms • Objects of Awards: Legally binding order of Industrial Tribunal relating to industrial matters, including: - wages - conditions of employment Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-4 Australia Copyright © 2000 McGraw-Hill Regulation by industrial awards • Making of industrial awards: Compliance with - relevant legislation - administrative law principles of natural justice Utilises conciliation and arbitration • Parties bound by industrial awards: Employers specifically named in award Members of named employer associations Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-5 Australia Copyright © 2000 McGraw-Hill Regulation by industrial awards • Duration and cancellation of awards: Specified duration when made Cancellation by Industrial Tribunal Variation of awards: By Industrial Tribunal which made it • Interpretation of awards: By Federal and State Courts Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-6 Australia Copyright â 2000 McGraw-Hill Regulation by industrial awards ã Minimum and paid rate awards: Minimum legal obligations of employers and employees stated • Award simplification: Statutory obligations on Australian Industrial Relations Commission to simplify industrial awards Only twenty specified “allowable matters” to be included (Additional provisions are not enforceable) • Award test cases: Allows general rulings of principle to be laid down Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-7 Australia Copyright © 2000 McGraw-Hill Statutory Employment Agreements Contractual arrangements between employer and employee • Statutory agreement-making objects • Legal effect of Statutory Employment Agreements • Types of Statutory Employment Agreements • Negotiation of Statutory Employment Agreements • The “no disadvantage” test • State Statutory Employment Agreements Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-8 Australia Copyright © 2000 McGraw-Hill Types of Statutory Employment Agreements • Collective agreements • Individual agreements • Multi-employee agreements Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-9 Australia Copyright â 2000 McGraw-Hill Statutory Employment Agreements ã Statutory agreement-making objects: Primary responsibility for determining industrial matters rests with employers and employees in the workplace – Certified Agreements (CAs) – Australian Workplace Agreements (AWAs) Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-10Australia Copyright © 2000 McGraw-Hill Australian Industrial Relations Bodies Principal conciliation and arbitration body established by the Federal Workplace Relations System Functions: • Hear and determine “industrial matters” arising out of interstate industrial disputes • Make industrial awards binding on employers and employees • Simplify industrial awards • Inquisitional functions Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-15Australia Copyright © 2000 McGraw-Hill Office of the Employment Advocate Functions: • To provide advice and assistance to employees and employers about their rights and obligations • To provide advice and assistance to employees and employers making AWAs • To receive and approve AWAs where required • To investigate complaints and breaches of AWAs • To investigate breaches of freedom of association laws • To provide legal representation to parties where appropriate, concerning AWAs and freedom of association • To provide statistical information • To perform any other appropriate functions prescribed by the Act Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-16Australia Copyright © 2000 McGraw-Hill Office of the Employment Advocate Regard for: • Needs of workers in disadvantaged positions • Assisting workers in balancing work and family responsibilities • Promoting better work and management practices throughout Australia Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-17Australia Copyright © 2000 McGraw-Hill Industrial Register Appointed under Federal and State Workplace Relations Laws Functions: • Receipt and filing of applications made to relevant industrial tribunal • Provision of administrative support to members of the tribunal • Registration and deregistration of associations of employers and employees • Investigation of complaints about financial affairs of such associations Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-18Australia Copyright © 2000 McGraw-Hill Workplace relations organisations • • • • • Registration of organisations Rights of registered organisations Rights of entry Duties of registered organisations Freedom of association Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-19Australia Copyright © 2000 McGraw-Hill Freedom of association Covers: – Whether membership of trade unions is voluntary or compulsory – Whether there is a choice to make statutory workplace agreements – The legitimacy of bargaining fees paid to unions Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-20Australia Copyright © 2000 McGraw-Hill Industrial action and enforcement Forms of industrial action • Employee - Picket Lines - Work bans - Work-to-rule campaigns • Employer - Lock-out Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-21Australia Copyright © 2000 McGraw-Hill Industrial action and enforcement Lawfulness of industrial action: • • • Contract Law Law of Torts - Industrial torts - Inducement to breach contractual obligations - Conspiracy to injure - Intimidation - Trespass Statute law: Industrial Awards Orders of industrial tribunals Statutory Employment Agreements Workplace Relations statutes Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-22Australia Copyright © 2000 McGraw-Hill Industrial action and enforcement Protected action: Lawful industrial action is – allowed while negotiating statutory employment agreements – undertaken by parties to negotiations – preceded by written notice of intended protected action at least three working days prior to action being undertaken – preceded by genuine attempts for agreement – protected for specified period of time Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-23Australia Copyright © 2000 McGraw-Hill Industrial action and enforcement Strike pay • Payment of wages to employees engaged in industrial action is unlawful unless action caused by genuine health and safety issues Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-24Australia Copyright © 2000 McGraw-Hill Industrial action and enforcement Orders preventing industrial action • AIRC can make orders enforceable by Federal Court of Australia Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-25Australia Copyright © 2000 McGraw-Hill Industrial action and enforcement Remedies for unlawful industrial action: • Damages • Injunctions • Specific performance Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-26Australia Copyright © 2000 McGraw-Hill Industrial action and enforcement Secondary boycotts • Industrial action taken involving action directed at innocent third party, with whom the target employer is dealing Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-27Australia Copyright © 2000 McGraw-Hill Industrial action and enforcement Conciliation and arbitration of disputes • Undertaken by relevant industrial tribunal; legislation restricts powers of relevant tribunal Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-28Australia Copyright © 2000 McGraw-Hill Industrial action and enforcement Enforcement: • Unlawful industrial action - Civil action - Prosecution • Industrial offences under statute - Workplace Relations Inspectors - Statutory Office Holders • Breaches of Awards or Agreements - Relevant Courts Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 22-29Australia Copyright © 2000 McGraw-Hill ... relations law Chapter 22 Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning Sources of workplace relations law. .. 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 2 2- 16Australia Copyright © 2000 McGraw-Hill Office of the Employment... McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 2 2- 15Australia Copyright © 2000 McGraw-Hill Office of the Employment Advocate Functions: