on October 21, 2023
(4) Despite subsections(1) and (2), if an associate member is conducting, or is part of the panel conducting, an inquiry, investigation or hearing for the ACMA, the Minister may, by writing, extend the associate members appointment until the end of the inquiry, investigation or hearing. The Fair Work Act requires an employer to notify or consult with a union if: The employees dont need to be covered by an award or enterprise agreement. An outside facilitator helped with the process. It uses examples and tools you can apply to your own workplace. Your communications strategy should cover: Seek feedback on how your employees are receiving communications. (b) the member or associate member engages, without the approval required by section31, in paid employment outside the duties of his or her office. Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021. (b) during any period, or during all periods, when a member: (1) The Minister may appoint as many associate members of the ACMA as he or she thinks fit. provide employees and their representatives with information about the proposed change, invite the employees and their representatives to give their views about the impact of the proposed change, including any impact on family and caring responsibilities. (d) a person whose services are made available to the ACMA under subsection55(1). Some of these temporary provisions contain specific consultation requirements that must be followed. (1) A decision is taken to have been made at a meeting of the ACMA if: (a) without meeting, a majority of the members indicate agreement with the proposed decision in accordance with the method determined by the ACMA under subsection(2); and. Have you communicated the decision and reasons for it with employees and representatives? The managers invited employees to take part in talking circles where they could talk about the impact of the proposed changes on their jobs, make suggestions and evaluate options. Content last updated: s 3. am No 124, 2007; No 178, 2007; No44, 2012; No 25, 2015; No 38, 2015; No 85, 2017. s 4. am No124, 2007; No 109, 2014; No 25, 2015. s 6. s 8. am No89, 2006; No177, 2007; No103, 2010; No46, 2011; No44, 2012; No 38, 2015. s 9. s 10.. am No153, 2006; No124, 2007; No8, 2010; No 25, 2015; No 38, 2015; No 113, 2017; No 28, 2018. s 12.. s 13.. s 18.. s 22.. s 23.. s 25.. s 26.. s 29.. s 30.. s 34.. s 39.. s 40.. s 44.. s 47.. s 48.. s 53.. am No 124, 2007; No 36, 2011; No 22, 2015; No 25, 2015; No 126, 2015, am No 93, 2017; No 28, 2018; No 95, 2018. s 55.. am No 5, 2011 (md Sch 6 item122); No 62, 2014. s 56.. s 57.. am No8, 2010; No44, 2012; No 25, 2015; No 38, 2015; No 51, 2017; No 85, 2017; No 25, 2018. s 59F s 59J s 63.. Act No. Accordingly, this compilation does not show the text of the compiled law as modified. sch 2 (items 17-87 . As set out in the Fair Work Act and other workplace legislation, the key elements of our workplace relations framework are: Australia's workplace relations laws are enacted by the Commonwealth Parliament. Superseded. They asked employees to analyse their own roles and the roles they thought were needed for the future. Delegations by a Division.. 36, 53. Limit on powers delegable to persons other than Divisions.. 37, Part5ACMAs staff etc. Raising issues in the workplace may be uncomfortable, whether that be with your employer, employee, or a colleague. Schedule 10 has effect 10. If no determination of that remuneration by the Tribunal is in operation, the member or associate member is to be paid the remuneration that is prescribed in the regulations. This checklist will help you work at best practice: State & Territory work health and safety bodies. (4) A parttime member may be assigned by the Minister, acting on the ACMAs advice, on a fulltime basis to an inquiry, investigation or hearing. Teamwork Communication (CDCE 740) This course is designed to help IEP enhance professional success through practicing effective behaviours in the Canadian workplace environment. Have you recorded any decisions made and the reasons why? (1) An associate member is entitled to attend, and participate in discussions at, a meeting of the ACMA while the meeting is considering a matter connected with an inquiry, investigation, hearing or other matter specified in the associate members instrument of appointment. Consultation is also required in some situations. This Part does not limit the circumstances in which an ACMA official is authorised to disclose information. (1) The ACMA may, by written instrument, make determinations fixing charges for: (b) any matter in relation to which expenses are incurred by the ACMA under: (iii) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or, (iv) the Radiocommunications Act 1992; or, (v) the Broadcasting Services Act 1992; or. (vi) PartXIC of the Competition and Consumer Act 2010; (k) to monitor, and to report to the Minister on, the operation of each Act specified in paragraph(j), to the extent it is so specified; (l) to do anything incidental to or conducive to the performance of any of the above functions. Note: For rules that apply to acting appointments, see section33A of the Acts Interpretation Act 1901. 66 Person not to use protected name or protected symbol. Commencement [see Note 1] 3. Editorial changes take effect from the compilation registration date. The practical application of theFair Work (Registered Organisations) Act 2009is overseen by the Fair Work Commission and the Registered Organisations Commission. In these cases, consider specific consultation arrangements such as focus groups or consultation workshops with staff. This could include: Consultation with employees about changes to their role, employment conditions, or the work environment is critical for a productive and engaging workplace. When does an inquiry, investigation or hearing end? Law and regulation | Safe Work Australia (1) The Australian Communications and Media Authority is established by this section. A single day to be fixed by Proclamation. Ask them to think of ways in which the weaknesses or threats can be reduced, strengths built on and opportunities maximised. 55 Arrangements with authorities of the Commonwealth. The annual report prepared by the Chair and given to the Minister under section46 of the Public Governance, Performance and Accountability Act 2013 for a period must include: (a) a copy of each direction given to the ACMA under section14 during the period; and. The information in this compliance code is particularly relevant if you're an employer or health and safety representative (HSR) in a culturally and linguistically diverse (CALD) workplace. The ACMA consists of the following members: (c) at least 1, and not more than 7, other members. (3) The Chair may call a meeting at any time. Workplace Relations Regulations 2006 Select Legislative Instrument No. These may include: Consultation means asking for and considering employees views when making decisions. It can result in the FWC increasing the NMW and minimum pay rates under awards. Generally, state laws cover the installation and use of CCTV, and some states also have specific workplace surveillance laws. Other times theyre large, such as a significant fall in sales. We pay our respect to them and their cultures, and Elders, past, present and future. (4) The appointer may terminate the appointment of a member or associate member if: (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or, (iii) compounds with his or her creditors; or, (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or. (4) A Division can also include 1 or more associate members as chosen from time to time by the ACMA if, for that associate member, or for each of those associate members, the kinds of matters the Division can deal with include a matter connected with an inquiry, investigation, hearing or other matter specified in the associate members instrument of appointment. For professionally translated information, select your language below. The way to achieve best practice will vary because of things like the number of employees, industry and the business environment. An 'open door' policy - this means that owners or managers commit to being open and responsive to any work-related matters their employees want to bring to them Meetings - this could include team meetings, toolbox talks or 'town hall' meetings for the whole workforce. The practical application of the Fair Work Act in workplaces is overseen by the Fair Work Commission and the Fair Work Ombudsman. Except as otherwise provided by or under this or any other Act, the ACMA is not subject to direction by or on behalf of the Commonwealth. The ACMA must consult the Australian Competition and Consumer Commission before carrying out an act: (a) for the purpose of performing its functions under paragraph11(1)(a) or (b); and. (1) For the purposes of a reference in an Act other than this Act to a member of the ACMA, an associate member is taken to be a member for all purposes in connection with any inquiry, investigation, hearing or other matter specified in his or her instrument of appointment. In our experience, if issues arise in the workplace, having an open and respectful conversation can help to resolve the problem. If the ACMA establishes a Division, the ACMA must: (a) determine the kinds of matters the Division can deal with; and. they decide to dismiss 15 or more employees for economic, technological, structural or similar reasons; and. You can use our templatesto set out clear expectations of your employees' role and workplace behaviour. (1) For the purpose of advising the Minister, an ACMA official may disclose authorised disclosure information to: (b) an APS employee in the Department who is authorised, in writing, by the Secretary of the Department for the purposes of this subsection. consider any views given by the employees or their representatives. (2) The Chair and the Deputy Chair must be appointed as fulltime members. Employer 7. The privacy of Australians is also protected by the . Note: The Chair may enter into contracts and other arrangements on behalf of the Commonwealth. On 10 November 2020, Western Australia passed a version of the model laws, which became operational on 31 March 2022. This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. Afterwards, decisions were reached, and changes were made. Legislation | Safe Work Australia Yes No Further advice 48 Division can make decisions without meetings. (7) The appointer may terminate the appointment of a parttime associate member if the associate member is absent from 3 consecutive meetings of the ACMA except on leave of absence. give prompt consideration to any matters raised by the employees and their representatives. Find more information in our Consultation and cooperation in the workplace guide. These consultation requirements fall under state or territory work health and safety laws. (2) The Forums function is to assist the ACMA to perform the ACMAs functions in relation to matters affecting consumers. Legislation | SafeWork NSW Printed from fairwork.gov.au Workplace Relations Act 1996 - Legislation Some meetings were 1-on-1 and some were in teams. Sometimes these challenges are small, such as introducing a new staff training program. 2. (1) The Chair presides at all meetings at which he or she is present. Managing WHS may initially cost money and time to implement safe practices and install safety equipment. (4) The Chair may grant leave of absence to any parttime member, or parttime associate member, on the terms and conditions that the Chair determines. (1) This section defines when an inquiry, investigation or hearing ends for the purposes of this Act. (1) At a meeting of the ACMA, a question is decided by a majority of the votes of the following people present and voting: (b) if the question relates to a matter connected with an inquiry, investigation, hearing or other matter specified in the instruments of appointment of 1 or more associate membersthat associate member, or each of those associate members. (b) the disclosure is in accordance with that consent. (b) would have been entitled to prevent another person from passing off, by means of the use of the name or the symbol or a similar name or symbol, goods or services as the goods or services of the firstmentioned person. The endnotes provide information about this compilation and the compiled law. This includes laws applying to the monitoring and recording of telephone conversations. To run an effective consultation workshop: The purpose of consultation is to genuinely listen to your employees and consider their input. (1) The ACMA may make a written determination defining 1 or more expressions used in specified instruments, being instruments that are made by the ACMA under 1 or more specified laws of the Commonwealth. The ACMA must keep a record of decisions made in accordance with section44. (1) The ACMA may, by writing, establish advisory committees to assist it in performing any of its functions. Management and employees then work together to identify any workforce issues or problems arising out of the change and agree on ways to solve those problems. requires the employer to consult with employees about any major workplace changes or changes to their regular roster or ordinary hours of work. Finally, consult with staff and develop a strategy to address the issues in the SWOT. (1) Each member is to be appointed by the GovernorGeneral by written instrument. Each year, the Fair Work Commission (FWC) reviews the National Minimum Wage (NMW) and minimum pay rates under awards. (2) The Register may be maintained by electronic means. The Official Languages Act provides that English and French are the languages of work in federal institutions. (1) The ACMAs telecommunications functions are as follows: (a) to regulate telecommunications in accordance with the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999; (b) to advise and assist the telecommunications industry; (c) to report to and advise the Minister in relation to the telecommunications industry; (d) to report to and advise the Minister in relation to matters affecting consumers, or proposed consumers, of carriage services; (e) to manage Australias input into the setting of international standards for telecommunications (except so far as Standards Australia is responsible for managing that input); (f) to monitor, and report to the Minister on, all significant matters relating to the licensing of carriers under the Telecommunications Act 1997; (g) to make available to the public information about matters relating to the telecommunications industry; (h) to conduct public educational programs about matters relating to the telecommunications industry; (i) to give advice to the public about matters relating to the telecommunications industry; (j) such other functions as are conferred on the ACMA by or under: (ia) the Do Not Call Register Act 2006; or, (ii) the Telecommunications Act 1997; or, (iii) the Telecommunications (Carrier Licence Charges) Act 1997; or, (iv) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or, (iva) Chapter4 or 5 of the Telecommunications (Interception and Access) Act 1979; or, (v) the Telecommunications (Numbering Charges) Act 1997; or. SWOT is a commonly used business analysis and decision-making tool. Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. (3) An instrument made under subsection(2) that imposes conditions relating to one particular disclosure identified in the instrument is not a legislative instrument.
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