Kinh tế học - Chapter 22: Workplace relations law

This is the prescribed textbook for your course.Available NOW at your campus bookstore!Copyright © 2000 McGraw-Hill AustraliaWorkplace relations lawChapter 221Copyright © 2000 McGraw-Hill AustraliaSources of workplace relations lawProvide rights and obligations not available to common lawCodify and expand the common lawProvide rights and obligations across the workforceRedress what is regarded as unequal bargaining power in contractual negotiations between an employer and an employee Federal (Workplace Relations Act 1996 (Cwlth)) and State legislationObjectives:2Copyright © 2000 McGraw-Hill AustraliaRegulation by industrial awardsIncludes:Statutory employment termsIndustrial award termsStatutory Employment Agreement termsObjects of Awards:Legally binding order of Industrial Tribunal relating toindustrial matters, including: - wages - conditions of employment.3Copyright © 2000 McGraw-Hill AustraliaRegulation by industrial awardsMaking of industrial awards: Compliance with - relevant legislation - administrative law principles of natural justice Utilises conciliation and arbitrationParties bound by industrial awards: Employers specifically named in award Members of named employer associations 4Copyright © 2000 McGraw-Hill AustraliaRegulation by industrial awardsDuration and cancellation of awards:  Specified duration when made  Cancellation by Industrial TribunalVariation of awards: By Industrial Tribunal which made itInterpretation of awards: By Federal and State Courts5Copyright © 2000 McGraw-Hill AustraliaRegulation by industrial awardsMinimum 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 down6Copyright © 2000 McGraw-Hill AustraliaStatutory Employment Agreements Contractual arrangements between employer and employeeStatutory agreement-making objectsLegal effect of Statutory Employment AgreementsTypes of Statutory Employment Agreements Negotiation of Statutory Employment AgreementsThe “no disadvantage” testState Statutory Employment Agreements7Copyright © 2000 McGraw-Hill AustraliaTypes of Statutory Employment AgreementsCollective agreementsIndividual agreementsMulti-employee agreements8Copyright © 2000 McGraw-Hill AustraliaStatutory Employment AgreementsStatutory agreement-making objects: Primary responsibility for determining industrial matters rests with employers and employees in the workplace Certified Agreements (CAs)Australian Workplace Agreements (AWAs)9Copyright © 2000 McGraw-Hill AustraliaNegotiations if Statutory Employment Agreementi.e. Enterprise Bargaining Agreements - protective action - bargaining agent Certified Agreements: Agreement between - employer and one or more unions - employer and employeesAustralian Workplace Agreements: Agreement between -employer and individual employee 10Copyright © 2000 McGraw-Hill AustraliaThe “no disadvantage” testAgreements must not, on balance, result in a reduction in an employee’s overall terms and conditions of employment, compared with the relevant award and statutory terms that would otherwise apply to his/her employment.11Copyright © 2000 McGraw-Hill AustraliaState Statutory Employment AgreementsState Employment Agreements will prevail over Federal Awards.12Copyright © 2000 McGraw-Hill AustraliaStatutory workplace relations bodies Australian Industrial Relations Commission (AIRC)Office of the Employment Advocate (OEA)Industrial Register13Copyright © 2000 McGraw-Hill AustraliaAustralian Industrial Relations BodiesPrincipal conciliation and arbitration body establishedby 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.14Copyright © 2000 McGraw-Hill AustraliaOffice of the Employment AdvocateFunctions:To provide advice and assistance to employees and employers about their rights and obligationsTo provide advice and assistance to employees and employers making AWAsTo receive and approve AWAs where requiredTo investigate complaints and breaches of AWAsTo investigate breaches of freedom of association lawsTo provide legal representation to parties where appropriate, concerning AWAs and freedom of associationTo provide statistical informationTo perform any other appropriate functions prescribed by the Act15Copyright © 2000 McGraw-Hill AustraliaOffice of the Employment Advocate Regard for:Needs of workers in disadvantaged positionsAssisting workers in balancing work and family responsibilitiesPromoting better work and management practices throughout Australia16Copyright © 2000 McGraw-Hill AustraliaIndustrial RegisterAppointed under Federal and State WorkplaceRelations LawsFunctions:Receipt and filing of applications made to relevant industrial tribunalProvision of administrative support to members of the tribunalRegistration and deregistration of associations of employers and employeesInvestigation of complaints about financial affairs of such associations. 17Copyright © 2000 McGraw-Hill AustraliaWorkplace relations organisationsRegistration of organisationsRights of registered organisationsRights of entryDuties of registered organisationsFreedom of association 18Copyright © 2000 McGraw-Hill AustraliaFreedom of associationCovers:Whether membership of trade unions is voluntary or compulsoryWhether there is a choice to make statutory workplace agreementsThe legitimacy of bargaining fees paid to unions19Copyright © 2000 McGraw-Hill AustraliaIndustrial action and enforcementForms of industrial action Employee - Picket Lines - Work bans - Work-to-rule campaignsEmployer - Lock-out20Copyright © 2000 McGraw-Hill AustraliaIndustrial action and enforcementLawfulness of industrial action:Contract LawLaw of Torts - Industrial torts - Inducement to breach contractual obligations - Conspiracy to injure - Intimidation - TrespassStatute law: Industrial Awards Orders of industrial tribunals Statutory Employment Agreements Workplace Relations statutes 21Copyright © 2000 McGraw-Hill AustraliaIndustrial action and enforcementProtected action:Lawful industrial action is – allowed while negotiating statutory employment agreements – undertaken by parties to negotiationspreceded by written notice of intended protected action at least three working days prior to action being undertakenpreceded by genuine attempts for agreementprotected for specified period of time 22Copyright © 2000 McGraw-Hill AustraliaIndustrial action and enforcementStrike payPayment of wages to employees engaged in industrial action is unlawful unless action caused by genuine health and safety issues.23Copyright © 2000 McGraw-Hill AustraliaIndustrial action and enforcementOrders preventing industrial actionAIRC can make orders enforceable by Federal Court of Australia 24Copyright © 2000 McGraw-Hill AustraliaIndustrial action and enforcementRemedies for unlawful industrial action:DamagesInjunctionsSpecific performance25Copyright © 2000 McGraw-Hill AustraliaIndustrial action and enforcementSecondary boycottsIndustrial action taken involving action directed at innocent third party, with whom the target employer is dealing.26Copyright © 2000 McGraw-Hill AustraliaIndustrial action and enforcementConciliation and arbitration of disputesUndertaken by relevant industrial tribunal; legislation restricts powers of relevant tribunal.27Copyright © 2000 McGraw-Hill AustraliaIndustrial action and enforcementEnforcement:Unlawful industrial action - Civil action - ProsecutionIndustrial offences under statute - Workplace Relations Inspectors - Statutory Office Holders Breaches of Awards or Agreements - Relevant Courts28Copyright © 2000 McGraw-Hill Australia