Employer 7. We understand that this may not always be possible and you may need to seek our help to resolve the problem. 40 Participation etc. The Fair Work Act sets out other situations where an employer must engage with its employees or their representatives. 10 ACMAs broadcasting, content and datacasting functions. Awards contain standard consultation clauses. , in relation to the ACMA, has the meaning given by section11. broadcasting, content and datacasting functions. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. (d) a person whose services are made available to the ACMA under subsection55(1). (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 business believes it was worth it because the restructuring went smoothly and the employees who stayed with the business remained engaged and committed to it. These may include: Consultation means asking for and considering employees views when making decisions. (b) when the member leaves the meeting concerned there is no longer a quorum present; the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter. (6) Subject to the Chairs right of election under subsection(3), the ACMA may remove a member or associate member from a Division. (1) A member holds office for the period specified in his or her instrument of appointment. Finally, ask the group to break into smaller groups to talk about the priority issues further. (3) Despite subsections(1) and (2), if a 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 members appointment until the end of the inquiry, investigation or hearing. Other workplace problems may take more time and effort. (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. Sections1 and 2 and anything in this Act not elsewhere covered by this table. Every workplace can enjoy the benefits of taking a best practice approach to consultation and cooperation. Call through the National Relay Service (NRS): The Fair Work Ombudsman is committed to providing you with advice that you can rely on. (4) The ACMA may give an advisory committee written directions as to: (a) the way in which the committee is to carry out its functions; and. Information management legislation | naa.gov.au (3) This section has effect subject to the Remuneration Tribunal Act 1973. Law and regulation | Safe Work Australia The following endnotes are included in every compilation: The abbreviation key sets out abbreviations that may be used in the endnotes. 07/Jan/2023: F2023C00022: 38: 01/Jan/2023: . (2) An ACMA official may disclose to a Minister authorised disclosure information that relates to a matter arising under a provision of an Act that is administered by that Minister. The Department of Home Affairs administers the Telecommunications (Interception and Access) Act 1979 (TIA Act) and the Surveillances Devices Act 2004 (SD Act). A member or associate member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the appointer. (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. (d) the purposes of the ACMA include the functions of the ACMA referred to in Division2 of Part2. (1) The ACMA may establish 1 or more Divisions. (d) information that was given in confidence to the ACMA by a government authority of a foreign country. (3) The appointer may terminate the appointment of a member or associate member for misbehaviour or physical or mental incapacity. Ethics, Integrity and Professional Standards Policy Manual | Australian 3.4.9 Safe Work Australia has published Dealing with Workplace BullyingA Workers Guide to help employees determine if workplace bullying is occurring and how the matter may be resolved. National Employment Standards | The Fair Work Act | Employsure Guides A safety net of minimum terms and conditions of employment. A system of enterprise-level collective bargaining underpinned by bargaining obligations and rules governing industrial action. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. (1) Subject to section53, a Division may delegate all or any of the functions and powers delegated to it under section50 to: (2) The delegation continues in force despite a change in the membership of the Division. It contains the full text and details of the lifecycle of individual laws and the relationships between them. If you are unsure about how it applies to your situation you can call our Infoline on 13 13 94 or speak with a union, industry association or a workplace relations professional. (2) For the purpose of advising a Minister administering a particular provision of an Act, an ACMA official may disclose authorised disclosure information relating to a matter arising under that provision to: (a) the Secretary of the Department that is administered by that Minister; or. Employees have a responsibility just like employers to make sure they communicate effectively in the workplace. Complete our free Difficult conversations in the workplace online courseto learn practical tips to manage conversations and achieve positive outcomes. (ii) when the member leaves the meeting concerned there is no longer a quorum present; the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter; (d) the members present at a meeting must appoint 1 of themselves to preside at the meeting; (e) a question at a meeting is decided by a majority of the following people in the Division present and voting: (ii) 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 members in the Divisionthat associate member, or each of those associate members; (f) the person presiding at a meeting has a deliberative vote and, if necessary, also a casting vote. You can use our templatesto set out clear expectations of your employees' role and workplace behaviour. Division3Terms and conditions for members and associate members. Some of these temporary provisions contain specific consultation requirements that must be followed. Division4Requirements relating to these functions and powers. Employers can read the Fair Work Ombudsman's, Small business owners can call the Small Business Helpline on. (8) If the Minister is of the opinion that the members have failed to comply with section56 or 57, the GovernorGeneral may terminate the appointment of all members or particular members. 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. It can result in the FWC increasing the NMW and minimum pay rates under awards. The Office of the Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters and community. There are many communication methods that you can use with your employees. (a) for a memberthe GovernorGeneral; or. customers. (b) provide that the Chair may, by writing, impose conditions to be complied with in relation to the disclosure of authorised disclosure information in those circumstances. notify any employees who might be affected by the proposed changes, and their representatives, discuss the proposed changes with the affected employees and any representatives as soon as possible after a decision is made, provide them with written information about the changes, how they might affect employees, and any measures the employer will put in place to prevent or reduce any adverse effects. (1) A member or associate member is to be paid the remuneration that is determined by the Remuneration Tribunal. (ii) in the ACMAs opinion, the instrument does not contain confidential information; (c) in relation to each instrument the ACMA gave as mentioned in subparagraph(b)(i) and that, in the ACMAs opinion, contains confidential information: (i) if, in the ACMAs opinion, part of the instrument can be reproduced in the annual report without disclosing confidential informationa copy of that part; and, (ii) if subparagraph(i) does not applya statement specifying the instrument and the carrier or carriage service provider to which, and the day on which, it was given; and, (iii) a statement that, because of confidential information contained in the instrument, or in a part of it, as the case requires, the instrument or part is not reproduced in the annual report; and, (iv) a note summarising so much of the instrument as is not so reproduced, but without disclosing any information that, in the ACMAs opinion, is confidential; and, (i) the number and types of complaints made under Part26 of the Telecommunications Act 1997 during the period; and, (ii) the investigations conducted under Part26 of that Act during the period as a result of complaints made under Part26 of that Act; and, (iii) the results of those investigations; and, (e) a report on the operation of Part6 of the Telecommunications Act 1997 during the period; and. 67 ACMA to maintain Register of policy notifications and Ministerial directions. The national workplace relations system is established by theFair Work Act 2009and other laws and covers the majority of private sector employees and employers in Australia. (1) The ACMA may, by writing, establish advisory committees to assist it in performing any of its functions. 16 Act excludes some State and Territory laws 17 Awards, agreements and Commission orders prevail over State and Territory law etc. The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. (v) the Special Broadcasting Service Act 1991; (p) such other functions as are conferred on the ACMA by or under the following provisions of the Radiocommunications Act 1992: (i) paragraph102B(b), 109A(1)(g) or (ga), or 131ACA(b); (ii) subsection106(6A), 109A(1A) or (1B), 114(3C) or (3E), or 128C(1); (q) to report to, and advise, the Minister in relation to the broadcasting industry, internet industry and datacasting industry; (r) to monitor, and to report to the Minister on, the operation of each Act specified in paragraph(o) or (p), to the extent it is so specified; (s) to do anything incidental to or conducive to the performance of any of the above functions. For professionally translated information, select your language below. If a misdescribed amendment cannot be given effect as intended, the abbreviation (md not incorp) is added to the details of the amendment included in the amendment history. 59G Disclosure of summaries and statistics, (a) summaries of authorised disclosure information that are not likely to enable the identification of a person; and. Accordingly, this compilation does not show the text of the compiled law as modified. (1) An ACMA official authorised by the Chair, in writing, for the purposes of this section may disclose authorised disclosure information to any of the following authorities if the Chair is satisfied that the information will enable or assist the authority to perform or exercise any of its functions or powers: (a) the Australian Bureau of Statistics; (b) the Australian Competition and Consumer Commission; (c) the Australian Prudential Regulation Authority; (d) the Australian Securities and Investments Commission; (f) the Secretary of the Department administered by the Minister administering the Foreign Acquisitions and Takeovers Act 1975 or an APS employee in that Department whose duties relate to that Act; (g) the Secretary of the Department administered by the Minister administering the Classification (Publications, Films and Computer Games) Act 1995 or an APS employee in that Department whose duties relate to that Act; (ga) the Secretary of the Department administered by the Minister administering the Migration Act 1958 or an APS employee in that Department whose duties relate to that Act; (h) the Secretary of the Department administered by the Minister administering the Telecommunications (Interception and Access) Act 1979 or an APS employee in that Department whose duties relate to telecommunications or law enforcement; (j) the Director of Public Prosecutions; (k) the Australian Security Intelligence Organisation; (ka) the Australian Signals Directorate; (l) an authority of a State or Territory responsible for enforcing one or more laws of the State or Territory; (m) the Regional Telecommunications Independent Review Committee; (n) the Telecommunications Industry Ombudsman; (na) the Secretary of the Department administered by the Minister administering Part2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 or an APS employee in that Department whose duties relate to that Part; (o) an authority of a foreign country responsible for regulating matters relating to communications or media (including, for example, matters relating to broadcasting or the internet); (p) an authority of a foreign country responsible for regulating matters relating to the provision of gambling services. (2) An advisory committee consists of such persons as the ACMA from time to time appoints to the committee. outlining where staff can access dispute resolution processes. Definitions 5. Know your rights and obligations - Fair Work Ombudsman (1) The Consumer Consultative Forum established under the Australian Communications Authority Act 1997 continues in existence after the commencement of section6 of this Act as if it were established by the ACMA, by writing, at that commencement. We pay our respect to them and their cultures, and Elders, past, present and future. (5) For the purposes of subsection(2), a period of appointment includes (in addition to any periods when the person was an associate member of the ACMA): (a) a period when the person was a member of the ACMA; or, 26 Acting appointmentsassociate members. Part7Advisory committees and the Consumer Consultative Forum. 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. On 10 November 2020, Western Australia passed a version of the model laws, which became operational on 31 March 2022. (2) Meetings are to be held at such times and places as the ACMA decides. 16 Consistency with CER Trade in Services Protocol. Call through the National Relay Service (NRS): The Fair Work Ombudsman is committed to providing you with advice that you can rely on. The Minister may appoint a person to act as an associate member during any period, or during all periods, when an associate member: (b) is absent from duty or from Australia; or. Principal object 4. Consultation is most effective when its carefully considered and planned. Use our Find My Award toolat www.fairwork.gov.au/findmyaward or visit the Fair Work Commissions Agreements page at www.fwc.gov.au/agreements to find the award or agreement that applies to your workplace. (a) a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or, (b) a Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013; or. (1) The fact that the ACMA does not have a legal identity separate from the Commonwealth does not affect the performance of the ACMAs functions in making, or the exercise of the ACMAs powers to make, decisions relating to: (b) any authority of the Commonwealth that is not a body corporate. Act binds Crown redundancies may be necessary if the technology is implemented (T). The Official Languages Act provides that English and French are the languages of work in federal institutions. In this Act, unless the contrary intention appears: ACMA means the Australian Communications and Media Authority. See section23 of the, Requirements relating to these functions and powers, (3) A direction under subsection(1) must be published in the, (5) This section does not affect the Ministers powers under the, Consistency with CER Trade in Services Protocol, The ACMA must perform its broadcasting, content and datacasting functions, and exercise its powers relating to those functions, in a manner consistent with Australias obligations under the CER Trade in Services Protocol (as defined in the, ACMA to consult ACCC in relation to management of electronic addressing, (4) For the purposes of subsection(2), a, (b) a period before the commencement of section6 when the person was a member, or associate member, of the Australian Broadcasting Authority that was established by the, when the person was a member, or associate member, of the body corporate that was continued in existence by section14 of the, Note: For rules that apply to persons acting as the Chair, see section33A of the, Acting appointmentsmembers other than the Chair, Note: For rules that apply to acting appointments, see section33A of the, Period of appointment for associate members, (5) For the purposes of subsection(2), a, Associate members to be treated as members for certain purposes in other Acts, Terms and conditions for members and associate members, (3) This section has effect subject to the, (1) A disclosure by a member or associate member under, (which deals with the duty to disclose interests) must be made, (3) For the purposes of this Act and the, (4) The Chair must inform the Minister if the members of the ACMA agree, in accordance with any rules made for the purposes of, (b) the member or associate member fails, without reasonable excuse, to comply with section29 of the, (a) rules made for the purposes of section29 of the, Participation etc. (3) For the purposes of recovering all or part of the ACMAs expenses relating to the performance of its functions under paragraph11(1)(a) or (b), the ACMA may charge a person an amount that has been: (b) worked out under an agreement with the person. These require employers to consult with employees and their representatives if: An employer who intends to change regular rosters or ordinary hours of work at a workplace must consult with employees affected by the change first. Work health and safety (WHS) involves managing risks to the health and safety of everyone in your workplace, including your: workers. (2) The GovernorGeneral must terminate the appointment of all of the members and associate members if the Minister is of the opinion that the ACMAs performance has been unsatisfactory for a significant period of time. Have you communicated the decision and reasons for it with employees and representatives? (i) remuneration, and other employmentrelated costs and expenses, in respect of APS employees whose duties relate to the performance of the eSafety Commissioners functions or the exercise of the eSafety Commissioners powers; (ii) any other costs, expenses and other obligations incurred by the Commonwealth in connection with the performance of the eSafety Commissioners functions or the exercise of the eSafety Commissioners powers; and, (i) the ACMA gave an instrument to a carrier or to a carriage service provider under section581 of the Telecommunications Act 1997 during the period; and. (b) the Chair is the Head of that Statutory Agency. Note: This subsection does not authorise ACMA to bring proceedings against the Commonwealth: see also subsection62B(2). 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. (b) information that was obtained by the ACMA as a result of the exercise of any of its powers under: (i) Part2, 5, 7 or 13 of the Broadcasting Services Act 1992; or, (ia) Part3, 4 or 5 of the Interactive Gambling Act 2001; or, (ii) Chapter3, 5 or 6 of the Radiocommunications Act 1992; or, (iii) Part3, 6, 21, 26 or 27 of the Telecommunications Act 1997; or, (iv) Schedule3A to the Telecommunications Act 1997; or, (v) Part2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999; or. they knew or should have known that at least 1 of the employees was a union member. Here is a list of some of the most important workplace relations legislation that governs industrial relations and employment relationships in Australia: Fair Work Act 2009 National Employment Standards (NES) Work Health and Safety Standards (WHS) State and Federal anti-discrimination laws Privacy Act 1988 Get Workplace Advice Now Division means a Division as described in section46. ends, in relation to a hearing, inquiry or investigation, has the meaning given by section4. foreign country includes a region, where: (a) the region is a colony, territory or protectorate of a foreign country; or, (b) the region is part of a foreign country; or, (c) the region is under the protection of a foreign country; or, (d) a foreign country exercises jurisdiction or control over the region; or. Workplace problems - Fair Work Ombudsman by associate members at meetings, 48 Division can make decisions without meetings, 53 Limit on powers delegable to persons other than Divisions, 55 Arrangements with authorities of the Commonwealth, 59B Disclosure to public servants for advising their Ministers, 59F Disclosure of publicly available information, 59G Disclosure of summaries and statistics, 59J This Part does not limit disclosure by ACMA official, 59K Relationship with Part13 of the Telecommunications Act 1997, 59L Delegation of Chairs powers under this Part, 61 Charges are payable to the Commonwealth, 62 ACMAs expenses include related Commonwealth expenses. PDF Workplace privacy best practice guide - Fair Work (6) The appointer may terminate the appointment of a parttime member if the member is absent, except on leave of absence, from 3 consecutive meetings of the ACMA. Most changes begin on the first full pay period starting on or after 1 July. (b) persons who sell, hire, manufacture or import: (i) radiocommunications transmitters (within the meaning of the Radiocommunications Act 1992); or. Workplace privacy - Fair Work Ombudsman
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