Fair Work Australia Case Study

FAIR WORK AUSTRALIA
The Fair Work Commission is Australia’s national workplace relations tribunal.They accomplish scope of functions such as,minimum compensation,provides a safety net conditions and assessing good faith bargaining and enterprise agreements,granting solutions for unfair dismissal,resolving employees disputes,overall workforce protections,right of entry and stand down.(Overview/The Fairwork Commission,(2015)).

ROLE OF FAIR WORK
To help employers and employees work regarding productive and cooperative workplace relations enable to prevent disputes in the workplace.Another role of Fair Work is to set award pay rates and conditions and help employers and employees resolved disputes.(Fairwork Commission.gov.au (2015)).The Fair

Work Act create a more national system for regulating industrial relations in Australia.All employees of the state will effectively covered by the National Fair Work Act.Each state has the discretion to give back some or all their industrial relations powers to the Commonwealth.The introduction of the Fair Work Act ,all states except Western Australia have referred their powers to the Commonwealth.(Wiki.Fair Work Commission (2015)).

PURPOSE OF FAIR WORK
To provide information about the standard of work practice with its regulations and policies,all things in safety,welfare and allowances and its standard compensation rate of employees.The main purpose of Fair Work is to give protection to employers and employees regarding with their rights and freedom of association and supply protection against workplace discrimination

THE LAYOUT AND PERSONNEL OF THE HEARING ROOM

When I entered the Tribunal court room,I observed the large room was maintained and organized.The layout of the hearing room was good enough for the judge,applicant, dependant,witness,audiences,clerk and the procecuter.It has a proper position with regards to the person positions.The chairs arranged properly with the personnel to sit.The level of chairs or the position of the personnel chairs was higher with the level where we sit as the audience or observer.When the tribunal member arrives we all stand up to give respect while waiting his signal to sit down.There are five personnels in the hearing room composed of Four judges and one court reporter.The higher in position from the judges seated in the center front of the room while the three judges was seated in the middle.The respondents (the one who called upon) seats at the left side facing the judges and the applicant who brought this case at the tribunal is seated at the right side also facing the judges.Before the hearing starts,both applicants and respondents will take an oath by putting their hand on the bible while saying the oath.(Fair Work Commission.gov.au (2015)).
THE PROCESSES AT FAIR WORK
The hearing conducted in the Fair Work Commission started early around 9:00 a.m or 10:00 a.m.In attending the hearing it is a must that all mobile phones are in silent mode or turned-off.Recording and video compiling is strictly prohibited inside the court room.The hearing is open to the public, while the conference is conducted in private at the conference room.The legal proceedings at Fair Work Commission in the court room,both parties are advised to be ready before the judges and personnel arrives.Everyone stand up and make bow as a sign of respect or you are agreeing to the law,Before it started,the court reporter hand- in the supporting documents to the judges.And the court reporter will said”the hearing is in session.”On that time one party will start telling his or her side about the outlined statements accompanied by the question and answer coming from the judge,and vice versa followed by the other party explaining his or her side.Moreover,there is no requirements required if you the representative by another person when you appear in the proceedings at Fair Work.You must have the permission of the Commission Member if you wish a lawyer paid agent to present your case.However,if the person who will present the case is one of your employees,officers,or a representative,you do not need the permission of the Commission Member.And if you wish to have an interpreter in the Commission it was allowed and without cost.If you are going to attend the proceedings to observe and listen the case,you need to check the Commission List to help you find which hearing room your case to be conducted.(Fair Work.gov.au(2015)).

FACTS OF THE CASE YOU HEARD AND THE ETHICAL ISSUES
The case is about Carl the minor 14 year old employee who was dismissed on his job without prior notification or advised by his employer.He is a casual worker and worked 3 days a week.Carl employer was being hostile to him when He was on the afternoon shift.According to Carl Spokeperson,Carl was still coming to work without knowing he was already terminated on his job.He asked the employer to reconsider him but it turned out to second termination.The employee was depressed for what had happened.He never told anyone or even his parents about losing his job.Carl was on the depression stage and brought him a physiological trauma.
The issues of this case:
First issue is a minor employee was not aware with the Fair Work Statement.Second issue is the dismissal of employee without proper notice by the employer.Third issue is the physiological trauma effects to the employee.Fourth issue is the reinstating his back to the position.
Both parties presented proof of documents and evidences to provide all the necessary supporting documents that needed at Fair Work.It must be check carefully the documents containing all the details needed in the court.

THE RELEVANT LAW RELATING TO THE CASE PRESENTED
The case is about unfair dismissal to a Minor employee.As a general rule,the employers and the employees have a clear understanding regarding the Fair Work Law in Australia especially for Minor employees.Relevant Laws Relating to this case are:
1.) Fair Work Act 2009
• For a casual minor employee, do not have a permanent hours of work each day.Casuals are not entitled to permanent employment entitlements examples are:sick leave and annual leave.The notice periods are not applicable to casuals upon termination of employment.
• If employees under 15 there are limits to the type of work that the employee can do and the hours of work limited to circumstances that includes;if employee is working in a family business or employee is working in an entertainment industry.

A guidelines for minor employees 15 and below:

1.) The employees must be aware with Fair Work Statement before signing it.
2.) Employees should know information before accepting the job.
3.) Empolyees must know their rights and entitlements about their conditions of employment,pay rates, breaks,working hours and public holidays.
4.) Employees responsibility to the workplace health and safety.
5.) Employees responsibility to know what happens if leaving a job.

2.) Section 1-2 (Fair Work Act 2009)
• Employers must provide the Fair Work Statement to be signed to employee prior the job.
• Penalties applies to the employers who are not abiding this Act will be fined the amount of $10,200.

THE LEGAL ARGUMENTS OBSERVED IN THE CASE
The Spokeperson of the Minor employee - said that the employee have no idea and knowledge about the Fair Work Act.The employee did not given a copy of the Fair work Statement and was not aware of it.
The Spokeperson Lawyer of the Company where the Minor employee work – said that the employee must know the Fair Work Statement that could be easily search in the internet.
The Spokeperson of the Minor Employee –said that the employer must inform the employee that he was already terminated on his job.The employer must be fair to the employee not being hostile to his worker.
The Spokeperson Lawyer of the Company where the Minor employee work –said that It is the right of the employer not to disclosed to employee regarding termination to a minor employee.
The employee is to claim the compensation and the reinstatement.The employee also claim the damages of physiological trauma.

THE JUDGEMENT OBSERVED ABOUT THE CASE
Judge said that the trust and confidence can be resolved in time.
For me,It was a fair decision from the judge to favor the employee.It is clearly justified on the supporting documents of both parties.The employer did not comply his duties under The Fair Work Act 2009 in Section 1-2.Therefore,It was employer responsibility .

References:
Overview/The Fair Work Commision (2015).Retrieved from https://wwwfwc.gov.au >overview.
Fair Work Commission (2015).Retrieved from http://en.wikipedia.org./wiki/Fair_Work_Commission
Unfair Dismissal-Ending employment-Fair Work...(2015).Retrieved from www.fairwork.gov.au >unfair-dismissal
A guide for young workers-Fair Work Ombudsman (2015).Retrieved from www.fairwork.gov.au > about-us> a-gui. ..