Fair Work Commission

Question: Discuss about the Fair Work Commission. Answer: Introduction Fair Work Commission of Australia has commenced its first operation on 1st July 2009 and started it operations in 1st January 2010. Fair Work Commission of Australia is solely entitled to look after working issues within organization. It helps in providing all kind of facilities to the employees. Organization of Australia has understood that employees are the key stakeholder of the organization and in order to sustain the position of the in the global competitive market, it is necessary for the management of the organization to focus on demand of employees. Fair work Commission is the national workplace relations tribunal (Bray, Stewart, 2013). It is mainly an independent body focusing on rights of the employees. There are mainly two types of Fair Work Australian Members and those are Primary Fair Works Australian Members and Minimum Wage Panel Members Primary Fair Works Australian Members included Deputy President and Presidents, who are appointed for full time until the age of 65. On the other hand, Minimum Wage Panel Members are appointed only for five years or on part time basis. President is known as the head of Fair Work Commission and current president of Fair Work Commission is known as Justice (Guidice, J. The Evolution of an Institution: The Transition from the Australian Industrial Relations Commission to Fair Work Australia 2011). The Minimum Wage Panel by law Panel individuals are just required with the base wage?setting capacity of Fair Work Australia. Other Fair Work Australia individuals are included in the expansive scope of work. Main Body Why is this question being asked? By the law of the constitution, it is to be known to workers that he or she can directly make a complaint to the Fair work commission against the workplace or to the management authority if he or she has been bullied. The main role of the Fair Work Commission is to stop the bullying over any employee. Bullying at work happens when a single employee or an association of workers, again and again, react unreasonably towards any particular employee and also when the reactions become a threat to his or her regarding health and security. The behavior of bullying includes different categories like, aggressive or frightening conduct, criticized or embarrassing comments, spreading nasty rumors against any employee (Waring, et al, 2006), start teasing or creating practical jokes against any employee, elimination of the events regarding work related, giving an unexpected work type like either giving a too much workload on any particular employee or do not giving even any workload on any employe e. Giving such a work, which is below the skill levels than the present employee (MacDermott, Riley, 2011),demonstrate annoying perceptible, doing misbehaves and continuously giving a mental pressure on any particular employee and also giving an unnecessary workload. How does the Fair Work Commission make Agreements? The fair work commission monitoring and reviews the full agreement of the enterprise agreements and also provide them the necessary work information. A collective arrangement made at the level of the venture between two entity - employers and employee are known as enterprise agreement. The routine of the fair work commission is to appraise and accept the agreement (Forsyth, Stewart, (Eds.). (2009). They have to also accord the terms and conditions of the agreement which has done between the employers and the employee. In the presence of the representatives on the behalf of both employees and employers, either one or two employers between more employees, an agreement has made which is done by an enterprise agreement. Again in the case of Greenfields agreement, an agreement has made between the negotiations of an employer with two or more relevant workers of the company (Smith, 2011). The pay rate of an employee should be a fixed in minimum and also in the modern world, the rate shoul d be same for all employees those belong to the same level. In the agreement of an enterprise should include the points such as, the pay rate of an employee, the environment of employment like working hours, the breaking time of meal etc. Deductions of earning money from the behalf of the organization How does the Fair Work Commission Approve Agreements? After completing the dealing, it is the time to approve the agreement. Before the full agreement, there is one pre-approval process, which has described step by step, given below To approve the agreement, from the side of employers should be taken some justified steps, and after that, they should ensure the agreement. The first one is, they have to clarify first the steps taken by the employees and the benefits getting from it as an employer's point of view. The next one is the explanation of the agreement. The account of the agreement should be justified for all level of the employee like a young one and for the old one also (Acton, 2011). Apart from this, the agreement should maintain a balance between all kind of cultures and societies since in many cases employees come from different regions also. After that, a voting process will be made on the proposed agreement, and the votes are given by the employees, employed in different sections of an organization. The workers must catch all the necessary steps within the 7days of voting. A successful advantageous voting should be satisfied Single-enterprise agreement - consists the vote of each employer. Multi-enterprise agreement - numbers of employees and at least an employer must be agreed with it. Greenfields agreement - here the agreement is made between the employer and the relevant employees (Stewart, et al, 2014). What are the steps that are involved in the making and approving of agreements? After the pre-approval steps, an application is sent to the commission for the final approval. After making an enterprise agreement, a dealing representative must be applied to the commission on the behalf of the agreement for the approval of the agreement. Within the fourteen days, an application must be lodged with the commission. The application should be associated with a signed copy of the proposed agreement, and any one copy of the document announced by the fair work commission proposed in the year of 2013. If these two criterions are mate, then the application has lodged to the commission (Stewart, 2008). The loading process will be fulfilled after either a person has to come to the office, via post or he or she can take an advantage of electronic media posting also. The final steps of approval from the side of the commission, the commission must be taken some points to be a consideration like, whether the pre- approval steps are done successfully or not, whether the points of the agreement are truly taken by the relevant employees, the level of the betterment should be high, need genuine employees of the organization, the agreement must be flexible in all terms and conditions. What are the Strengths and the Weaknesses of this Process? There are some points must be included in the agreements of the fair work commission like, the terms also the relationship between the employer and the employee should be clarified in more details, who will be mostly covered by the agreement should be clarified also in detailed between employees and the employer, the process and the terms and conditions of the deduction in the wages should be described more deeply in terms of an employee, the operation process of the agreement must be described more clearly (Australia, 2011). On the other side, it has a great advantage also with it, the working hours become more flexible and also become employee friendly, the definition of job profiles or the particular work of the job become more classified and clear to all employees, great scopes will be opened up in the field of career and training, work becomes more dependent on the performance basis rather depends upon different factors. The wages also increases on the based on the work performance, a greater client satisfaction then gets prior on the above all, which also improves the work delivery system, the satisfaction level of the employees and the workplace will also improve a lot after introducing this fair work commission agreement. Steps to Build a Bully Free Workplace: Management should maintain dignity and respect in the workplace is basic criteria of every employee. Management has responsibility to save employees from being bullied by others; therefore, Reasonable management action should be taken (Stewart, 2011). Fair Work provisions should be introduced so maintain balance at workplace. Training for employees so that they can understand workplace bully is not justified; undertake several obligations under WHS act and Regulations (Layton, et al, 2013). Various steps have been adopted to develop bully free work place like Workplace consultation is necessary for both employees and employers, development of campaign regarding workplace awareness, Training and development to the employees, understand issues within workplace, Process to deal with those issue, Consultation and feedback etc (James, Ombudsman, 2015). Along with that, union of the organization should develop a campaign in order to ensure several facts like there should be some easy process for the workers while making an application to FWC, the process of making application should be easy and simpler, FWC wants to deal with the matter as early as possible if they find the application of employee is legitimate and employer is unable to satisfy the need of employees, At the time of implementation of policies and training, Union workers should work closely with them and the report presented by FWC should be the last report. (Hardy, Howe, 2010) Conclusion Several evidences are entitled in the official website of Fair Work Commission. It has to carry out range of operations like providing safety net to the workers with minimum wages (Nelms, Tsingas, 2010). The Fair Work Commission has to deal fast with the applications in relation to any dispute matter and they have to understand how much action should be justified. Reference Stewart, A. (2008). Stewart's guide to employment law (Vol. 3). Sydney: Federation Press. Australia, F. W. (2011). Annual Wage Review 2010-11. Stewart, A. (2011). Fair Work Australia: The Commission Reborn? 1. Journal of Industrial Relations, 53(5), 563-577. James, N., Ombudsman, F. W. (2015). Commonwealth of Australia. Layton, R., Smith, M., Stewart, A. (2013). Equal Remuneration Under the Fair Work Act 2009. Nelms, L., Tsingas, C. (2010). Literature review on social inclusion and its relationship to minimum wages and workforce participation. Fair Work Australia. Stewart, A. 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The Evolution of an Institution: The Transition from the Australian Industrial Relations Commission to Fair Work Australia(2011). Journal of Industrial Relations, 53, 556. Bray, M., Stewart, A. (2013). From the arbitration system to the Fair Work Act: The changing approach in Australia to voice and representation at work. Adel. L. Rev., 34, 21. Hardy, T., Howe, J. (2010). Partners in enforcement? The new balance between government and trade union enforcement of employment standards in Australia.