Australia issued two laws related to industrial relation from 2005 to 2009, Work Choices Act 2005 and Fair Work Act 2009. While the Work Choices has been strongly opposed because of the injustice in benefits of the employers, the Fair Work Act (FWA) - gain a lot of consensus from the workforce. It has not only created an equitable work environment but also given employees more rights. This essay will analyse the changes in Australia's industrial relations and show the reasons of Fair Work Act's success.
Work Choices was Australia's industrial relations law in 2005. It was passed by Howard Government in 2005 and valid on 27 March 2006. According to Wooden (2006), the state aimed Work Choices would create a simple employment relations system that made the work processes operate effectively. Many significant reforms were implemented such as creating a new national labour law system; establishing the Australian Fair Pay Commission – to determine the minimum wages; the no-disadvantage test was also replaced by the Australian Fair Pay and Conditions Standard including five fundamental conditions. Moreover, Work Choices caused general changes in the federal awards through rationalizing existing award frame, declining the amount of acceptable problems and limiting the influence of
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The missions of Fair Work Commission are updating industrial awards, solving conflict, determining minimum wage, approving enterprise agreements and handling claims for unfair dismissal. Along with Fair Work Commission, an independent statutory agency of the Government of Australia called Fair Work Ombudsman is also generated to offer a free advice and information service. Furthermore, it also inspects complaints or suspected contraventions of industrial relations
In this part, the task is to explain the role of the Fair Work Commission and the powers it is able to exercise in relation to this process. The Fair Work Commission is the self-governing national workplace relations tribunal and its main concern is to sustain a safety standard of salaries and working conditions, as well as other related areas such as workplace regulation and function (Australian Government, 2015).
At the federal level is the independently run Australian Industrial Relations Commission (AIRC). They establish and maintain the fair minimum rates of pay and conditions (award safety net system) for all workers. Award wage increases are determined by the AIRC annually after hearing submissions from the government, ACTU and unions. They apply the no disadvantage test to CA’s and AWA’s to make sure workers are better off than the underpinning award. They also help settle industrial disputes through conciliation and arbitration.
The first significant equality legislation in the UK was the Equal Pay Act 1970 . However, the issue of equal pay in the workplace can be traced back to the 19th century. This essay will analyse how economic and social factors of the 19th and 20th century were the reasons for highlighting the issue of equal pay in the workplace. However, with the gender pay gap standing at 19.2 per cent in 2015 , there can be no defining reason for equal pay in the workplace. Consequently, this essay will then discuss how equality legislation has challenged unequal pay in the workplace, but in its reactive approach has failed its objective. Furthermore, this essay will then discuss the remedies for equal pay in the workplace by analysing the impact on both
14. Fair Labor Standards Act, www.spartacus.schoolnet.co.uk, 6/11/04 --------------------------------------------------------------------- [1] Fair Labor Standards Act; www.inforplease.com, June 11, 2004.
While both race and gender have very real societal and, in some instances, personal consequences which enables both to be categorized as real neither race nor gender is more real than the other. Both of them faced and still face overt and covert discrimination, and both of them are built upon a mountain of logical fallacies that are able to ultimately be reduced down to societal standards and obligations forced upon them by the dominant group. Since they are also both deeply embedded in our culture they have become integrated into our sense of who we, as humans, are and in our perceptions of other people and situations.
There has always been a certain status quo when it comes down to getting hired in todays’ society. Many people do not realize that there can be many qualities derived from those who are different than the “norm”. With the workforce rapidly growing there is a demand for acceptance that can no longer be avoided. America has become the melting pot of the world, but there is still a lot of resistance against people who do not look like the average worker. In this paper, I will analyze the different barriers faced by the “outcasts” and how companies should approach these situations.
Gender discrimination is defined as prejudice against an individual due to his or her gender or sex. Discrimination against women has been occurring for years and continues to pose an issue today, especially in institutions such as the workforce. In the past, women were limited to very few rights; they were not permitted to vote and were considered as “property”. The only real jobs they had were housewives.and only a handful of women were in the labor force. In today’s society, women compose more than half of the workforce, yet they earn a significantly less amount compared to their male counterparts for completing the same tasks. Due to the subtleness of the issue, many still continue to be unaware of the discrimination which occurs. Though the issues regarding gender discrimination have gone through improvements recently, the issue at hand
This report explores the gender pay gap in Australia, looking at why there is a gender pay gap and how that gender pay gap might be redressed. The gender pay gap is a complex issue with multiple causes. Therefore, its complexity defies a simple policy response. What is needed to rectify the gender pay gap is a bi-partisan approach across multiple sectors and throughout the wider community. This report identifies three key policy options supported Women’s Electoral Lobby. Those are: implementing educational systems to change the culture in the community, encouraging businesses to work with the Workplace Gender Equality Agency to develop direct action plans for equal pay and the government changing internal mechanisms to support pay equity. This report concludes with the policy recommendation that the government implement educational systems to change the culture in the community as this would have the most pervasive impact to redress the gender pay gap.
In today’s age it can be difficult for many to imagine a world in which applicants were denied employment for factors such as their gender, race, religion or national origin. We have grown accustomed to living in a country that provides legislative protection in the case of discrimination in and outside the workforce. Yet, this was not always the case. It has been a mere 52 years since the illegalization of “discrimination in education, employment, public accommodations and the receipt of federal funds on the basis on race, color, gender, national origin and religion.”(BL pg.98) This new set of legislation is known as the Civil Rights Act of 1964. Although it did not make amends for year of abuse and discrimination,
The Workplace Relations Amendment (Work Choices) Act 2005 (Cth)(‘WC’) legislation reduced the commissions power through fixing legislative minimum standards and reduction of awards, which propelled Australian Workplace Agreements (AWA’s) as the dominant instrument of agreement. Australia’s current system under the Fair Work Act 2009 (Cth)(‘FWA’) provides a return to collectivist principles that historically underpinned the traditional Australian system. The current protections in the form of the safety
Employment Attorney Dallas Tx: How to Avoid Wage and Overtime Lawsuits Most companies eventually need the help of an employment attorney Dallas TX to assist them in defending against an employee lawsuit. Wage and overtime issues account for a large number of legal actions taken against businesses. However, there are many ways human resource departments can avoid these claims or protect the company should lawsuits arise. Employment Attorney Dallas Tx: Keep Complete Records Employers can protect themselves against overtime and wage lawsuits by keeping thorough data.
In conclusion, there are many rights to the employees’ when it comes down to equal opportunity employment. In this paper you learned of a few different types of discrimination towards employees’ and how different acts protect them in the workforce. It also has shown what rights a person has as an employee in the working environment.
Discrimination is a feasible method of making decisions in life based on the group, class, or category to which a person belongs to. “In an ideal world, people would be equal in rights, opportunities, and responsibilities, despite their race or gender. In the world we live in, however, we constantly face all kinds of neglect based on different attributes.” When one hears the word discrimination, the first thought that comes to mind is racial discrimination. In fact, it does not solely have to be racial discrimination. There are many forms of discrimination such as age, disability, transgender, and sex discrimination. This paper will focus on discrimination based on gender, race and age in the workplaces.
This essay will look at the definition of what an employer and employee are according to legislation. It will then discuss whether or not an employer can prevent an employee from working for others (or themselves), after the employment has ended. Analysis will be done on whether restraint of trade clauses are legal and if so the restrictions they carry for both employer and employee. This essay will also look at how and if a restraint of trade clause can be changed so that they can be valid and the employer can enforce them. This essay will look at whether employers can stop employees from working for others and themselves during employment, this will be done by looking at and discussing garden clauses. Critique will be done on both restraint of trade clauses and garden leave clauses. The essay will conclude with how difficult or easy it is for an employer to restrict their employee’s employment.
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