Manage People Performance

Manage People Performance
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Assessment Task 1
1. Explain the key provisions of the Fair Work Act 2009
The Fair Work Act, 2009 is a commonwealth legislation that regulate employment as well
as workplace relations. It administers terms and conditions of employment as well as set out
responsibilities and rights of employers, employee and employee organisation associated to
employment. This act gives protections of some rights involving workplace rights, right to be
free from illegal discrimination, write to involve in industrial activities and right to get freedom
from undue pressure or influence in negotiating individual arrangements. All these rights are
protected from some unlawful actions involving misrepresentations, coercion, adverse action,
undue pressure or influence in relation to deductions from wages, individual flexibility
arrangements under enterprise agreements and modern awards and guarantees of annual
earnings.
2. Explain the key provisions of each of the following Acts:
a. The Racial Discrimination Act 1975
Racial Discrimination Act, 1975 is a legislation that promotes equality before law for all
individuals regardless their colour, ethnic or national origin or race. According to the law, it is
illegal to discrimination against individuals on the basis of colour, race or ethnic origin. Racial
discrimination act protects people from unfair treatment at employment. It is against the
legislation to discriminate in areas like provisions of goods and services, advertising, housing,
accommodation or land, access to facilities and places for use by public and joining a trade
union. This act is administered through Australian Human Rights Commission and for
investigating the complaints, the president of commission is responsible.
b. Sex Discrimination Act 1984
Sex Discrimination Act, 1984 is a legislation that makes it unlawful to discriminate
against an individual due to intersex status, relationship status, gender identity, sex, family
responsibilities, marital status, sexual orientation, as they might become pregnant or pregnant.
This act makes sexual harassment against law and protect individuals from discrimination in
numerous areas in public life involving education, renting or buying a house, getting or using
services or employment. It is required by employers not to discriminate their employees and take
all reasonable steps in order to prevent sexual harassment and sex discrimination. It is also
against the legislation to victimise an individual for making, or proposing to make a grievance to
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Australian Human Rights Commission claiming harassment or discrimination under the Sex
Discrimination Act.
c. Disability Discrimination Act 1992
The Disability Discrimination Act, 1992 administers legal protection for each individual
against discrimination on the basis of disability. It occurs when individuals with disability are not
treated favourable than individuals without disability. This act protects a disabled people against
discrimination they have now, has had in past, is believed to have and may have in future. There
are some areas where it is unlawful to discriminate against individuals with disability. These
areas include education, sports, buying land, employment, provision of facilities, goods and
services, activities of associations and clubs, administration of commonwealth government
programs and laws, access to premises utilised by public and accommodation. In relation to
employment, Disability Discrimination Act prohibits discrimination against individuals with
disability throughout the stages of employment process involving terms and conditions of
employment, recruitment processes, training, promotion, transfer and other benefits related to
employment, decisions on which individual will get job and retrenchment, demotion or
termination of employment.
3. Explain the purpose of the National Employment Standards and the 10 minimum entitlements
Ten minimum entitlements are set by the National Employment Standards that should be
administered to all employees in Australia. It involves parental leave, leave and all associated
entitlements. The main purpose of National Employment Standards is to administer protection to
all individuals working in Australia. These entitlements are as follows:
1. Maximum weekly working hours
2. Parental leave and related entitlements
3. Requests for flexible working arrangements
4. Personal carer’s leave and compassionate leave
5. Annual leave
6. Community service leave
7. Public holidays
8. Long service leave
9. Provision of a Fair work information statement
10. Notice of termination and redundancy pay
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4. Explain the use of modern awards in workplaces
Modern awards are defined as a new industry specific awards which replace the existing
federal awards. It involves employment terms and conditions like penalty rates, minimum wages
and classifications, allowances, coverage, ordinary hours, types of employment, flexibility
arrangements, dispute settlement, consultation and breaks. Modern awards are applied to all the
employees covered through National workplace relation system. It came into effect on 1st
January, 2010. All the employees and employers are responsible for keeping updated with
modern awards, associated transitional arrangements as well as the future changes. Modern
awards are occupation or industry based and applicable to employees and employer who perform
work covered through the award.
5. Identify at least two examples of modern awards using the Fair Work Ombudsman website.
Write down the name of the award and the minimum wages under the award and minimum
working hours
Example 1:
1. Health Professionals and Support Services Award 2020 – The minimum working hours for
full-time employee is an average of 38 hours per week and wages under the award for support
services employees are as follows:
Employee classification Minimum weekly rate
(full-time employee)
Minimum hourly rate
$ $
Level 1 801.40 21.09
Level 2 834.60 21.96
Level 3 867.30 22.82
Level 4 877.60 23.09
Level 5 907.30 23.88
Level 6 956.20 25.16
Level 7 973.40 25.62
Level 8—pay point 1 1006.40 26.48
Level 8—pay point 2 1032.90 27.18
Level 8—pay point 3 1105.50 29.09
Level 9—pay point 1 1125.20 29.61
Level 9—pay point 2 1165.20 30.66
Level 9—pay point 3 1174.40 30.91
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Example 2:
2. Labour Market Assistance Industry Award 2020 – the minimum working hours for an
employee is an average of 38 hours per week and the minimum wages under the award are as
follows:
Employee classification Minimum weekly rate
(full-time employee)
Minimum hourly rate
$ $
Pay point 1 853.60 22.46
Pay point 2 868.00 22.84
Pay point 3 899.30 23.67
Pay point 4 927.90 24.42
6. Outline the purpose of an enterprise agreement and with which entity must the agreement be
registered
Enterprise agreement is referred as an agreement made at level of enterprise between
employees and employers and the trade union, regarding terms and conditions associated with
employment. It covers specific arrangements for specific enterprise. It is negotiated between
employees, employees as well as bargaining representatives to develop conditions of
employment and fair working wage. It provides employees and employers with the freedom in
order to bargain wages, working conditions and greater flexibility which suit their individual
requirements. Its main purpose is that it provides employees with the benefit to bargain for
higher wages as well as extra benefits. Likewise, it benefits employer as they can negotiate for
flexible working conditions. The agreement must be registered and approved with Fair Work
Commission.
7. Outline minimum terms and conditions that must be included in an enterprise agreement
The terms and conditions which should be included in an enterprise agreement includes -
1. Procedure for dispute settlement, that should authorise either Fair Work Commission or
someone else which is autonomous of those covered through an agreement to settle the
disputes regarding any matter under agreement related to National Employment
Standards or terms of modern award.
2. Normal expiry date for agreement that is not more than 4 years from the date when Fair
Work Commission approves agreement.
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3. A consultation term, that requires enterprise to consult with its staff members regarding
major transformation in workplace which are likely to have crucial effect on them as well
as enable workforce to have representation in consultation.
4. A flexibility term which enable for making of individual flexibility arrangements that
aims to meet genuine needs of employees and employers. These arrangements are
between an individual employee and employer which vary the operation of enterprise
agreement in context of employee.
8. Explain the process of performance management and the purpose of using performance
management systems in the workplace
Performance management process is referred as communication based, collaborative
process where management and employees work collectively in order to plan, monitor as well as
review the objectives of employees, job trajectory, long term goals and comprehensive
contribution to organisation. The performance management process includes four steps, i.e.,
planning, coaching, reviewing and rewarding. The process initiates with planning where
management and human resource required to define job including long term and short term
goals, comprehensive description, clear metric of how the objectives will be assessed etc. After
defining the job itself, employees are provided with the opportunity to give their inputs and then
employees and management, both agree to the definition of objectives, goals and role. The
second step is coaching where meetings are organised on regular basis and necessary coaching,
training and solutions are provided. The management and employees solicit feedback and revisit
the objectives to see adjustments must be made. The third step is reviewing where the
performances of employees are reviewed along with the performance management process and
overall goal completion and an actionable feedback is given and receive from both the sides. And
the last stage is action employees are provided with rewards and recognition and a stage for
performance management cycle of next year is set.
The main purpose of using performance management system in workplace is to stay
updated with engagement trends, to ensure that employees are motivated, happy and engaged
and conducting employee engagement surveys. It helps in keeping the employees happy and
satisfied which in turn improves the productivity of organisation.
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