Hardly a day goes by where there isn't some sort of commentary about how bad unions are, and why they are the worst thing to hit Australian businesses since the removal of slave labour. Fortunately for the lazy, arrogant and incompetent managers, they are the best friend that they can have. Here are some of the top reasons why we should open our arms up to the union movement.
After giving is some serious thought and more than a little bit of prior planning, you have decided that an Enterprise Agreement will be a good thing for the future growth of your business. What's got you confused is how you make it happen. Do you just give your staff an agreement that you prepared earlier and wait for a yay or nay from them? Or, do you give them a blank sheet of paper and get them to write down their wish list, picking and choosing what you want to put into it? Whilst the process of negotiating an enterprise agreement is relatively easy, there are certain things that need to be done, and in the right order, otherwise you may have some explaining to do when you seek approval from the Fair Work Commission.
Notice Of Employee Representational Rights.Before you can start bargaining for the enterprise agreement, you need to let your staff know that it is happening. This is where the Notice of Employee Representational Rights comes in. Schedule 2.1 of the Fair Work Regulations 2009 specifies the content that the notice should have. It is also worth noting that the notice of employee representational rights should be just that, and not have anything else attached to it, either in the email notification or when/if the notice is placed on a notice board.[GARD] Read More
What do you think the most dangerous clause in an Enterprise Agreement is? A 'restrictive' clause on wage increases? Nope. A clause on productivity improvements, if it makes it into the agreement? Nope. Not even close. How about the clause classifying the positions? Once again, no. All of these are fairly innocuous when compared to what has to be the most dangerous clause ever to find its way into an enterprise agreement. "The Charter of Union Workplace Delegate Rights" This clause is hardly as benign as most would lead you to believe and looks something like this. Read More
Do You Really Need One?
Modern Awards v Enterprise AgreementsRead More
Changes to the Fair Work Act 2009(cwth) that came into force on 01 Jan 2014 mean that a worker who believes that they are being bullied at work, can apply to the Fair Work Commission for an order to stop bullying. Under the Act, a worker is being bullied when a person or a group of people repeatedly behave unreasonably towards a worker or a group of workers AND the behaviour creates a risk to health and safety.
Examples of bullying behaviourThe Fair Work Commission website lists the following as examples of what bullying behaviour may be. Bullying behaviour may involve, for example, any of the following types of behaviour:
- aggressive or intimidating conduct
- belittling or humiliating comments
- spreading malicious rumours
- teasing, practical jokes or 'initiation ceremonies'
- exclusion from work-related events
- unreasonable work expectations, including too much or too little work, or work below or beyond a worker's skill level
- displaying offensive material
- pressure to behave in an inappropriate manner.
Yesterday, the Full Bench of the Fair Work Commission handed down a decision of significance with regards to the way that it assesses applications for an order to stop bullying under s.789FC of the Fair Work Act 2009. An employee lodged an application for an order to prevent her from being bullied at work. The applicant was allegedly subjected to bullying behaviour from November 2007 through to May 2013, though no bullying behaviour has occurred since May 2013. This decision deals with the jurisdictional objection from the respondent, being that the Commission has no jurisdiction to hear and determine an application involving alleged bullying conduct which occurred prior to 1 January 2014, the date that Part 6-4B commenced Points of interest:
- Paragraph 7: Reference to 'is at work' in s789FD(1) simply provides the context in which the bullying behaviour has taken place. The alleged bullying behaviour must take place prior to the making of an application for an order under s. 789FF. This was in response to the submission from the respondent that a worker can only be bullied at work from 1 January 2014, when the legal characterisation of ‘bullying’ came into force. Read More
[et_pb_section bb_built="1"][et_pb_row][et_pb_column type="4_4"][et_pb_post_title _builder_version="3.0.77" title="on" meta="on" author="on" date="on" date_format="j M Y" categories="off" comments="off" featured_image="on" featured_placement="below" text_color="dark" text_background="off" border_style="solid" /][et_pb_text _builder_version="3.0.77" background_layout="light" border_style="solid"] Cryptocurrencies such as Bitcoin, Litecoin, Dogecoin, seem to be all the rage at the moment. Both as an investment option and a potential alternative to traditional fiat currencies. Whether they are a flash in the pan, or are here for the long haul, really is anybodies guess.