Employment Relations for Organisation Effectiveness
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Added on 2020-10-23
Employment Relations for Organisation Effectiveness
Added on 2020-10-23
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EMPLOYMENT RELATIONSFOR ORGANISATIONEFFECTIVENESS
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1MAIN BODY...................................................................................................................................1(1) Describing three sources of Australian law and how they interact for regulating AustralianEmployment relations.................................................................................................................1(2) What are the legal rights do employees have in relation to their engagement in paidemployment?...............................................................................................................................4(3) What are the legal rights do trade unions have in for representing employees?...................8CONCLUSION..............................................................................................................................10REFERENCES..............................................................................................................................12
INTRODUCTIONEmployment relations are crucial for maintaining organisation effectiveness in a bettermanner. Present report deals with Australian employment relations which is legally binding onemployees, employers, trade unions and related parties in labour law. It will focus on three majorsources of law such as Constitutional law, Common law and Statute law and how these lawsinteracts with the Australian employment relations in effective manner. On the other hand, thereare various legal rights of workers in paid employment which they are entitled to, these will befocused and discussed in detail. Moreover, trade unions are groups which provide protection to workmen with regards toexploitation from employers. They possess several rights and act as a representative on behalf ofemployees. This helps to get legal rights to employees and they raise voice in case of anyindustrial disputes being arrived at the workplace. The legal rights possessed by trade unions onbehalf of employees will also be discussed. Thus, overall employment relations will be discussedwith regards to regulations and standards such as NES, Fair Work Act 2009, Fair WorkCommission and Fair Work Ombudsman.MAIN BODY(1) Describing three sources of Australian law and how they interact for regulating AustralianEmployment relationsThe Australian law have three main sources of law which provides an edge towardsforming better employment relations to employees and get their rights in effective manner. It canbe analysed that employers are under duty to provide equal rights to employees and induce themto work hard for attaining dual benefits (Boer and et.al.,2017). First one is that employeesbecome productive and another one is that firm gets desired productivity and profits areaccomplished. There are mainly three sources of laws such as Constitutional law, Statute law andCommon law which are discussed as follows and how they interact for regulating AustralianEmployment relations-Constitutional LawThe constitutional law of Australia provides legislative power of Commonwealth to bevested in Parliament which includes Queen, Senate and House of Representatives In relation tothis, each of one of the parties have different roles to perform. Queen's role in carrying out1
legislative process lies in her responsibility to grant Royal Assent, power which is exercised byher on behalf by Governor-General. Without the Royal Assent, no law can be created oramendments may be made in Australia. Legislative powers of federal Parliament are limited tothose set out under a list of subject matters in Section 51 of the Constitution. Such powers alsoinclude power to legislate on matters 'incidental' to other powers. The High Court of Australiahas jurisdiction for determining disputes whether law remains within range of power and remainconsistent with the Constitution. The Constitutional law is effectively applied and interact with Australian employmentrelations in effective manner. As set out in the Fair Work Act 2009 and related workplacelegislation, there are various elements of workplace relation such as safety needs to be impartedwith minimum terms and conditions of employment (Kaine, 2017). Another element is system ofenterprise-level collective bargaining which is in accordance with bargaining regulations andrules implied to industrial action. Provision of workplace flexibility arrangements for employeesby employers also prevails. Constitution also empowers right to protect against unfairemployment termination. Protection of freedom of both employees and employers for choosingthird party rights or not.It can be said that Constitution powers are applied to labour power as governed underSection 51(35) allowing Commonwealth to make laws with regards to conciliation andarbitration for preventing purpose and settling down industrial disputes that extends beyondlimits of anyone State. It is an assumption that large amount of industrial disputes are handled atState level and method of resolving would be imparting collective bargaining (Wright, 2017).Thus, it can be referred to Constitutional law of Australia that it effectively applies toemployment relations so that natural work may be carried out employees and employers mayeffectively comply with Constitutional and industrial relations laws.Statute LawThe Statute law is drafted in accordance to Australian government. If it agrees thatchanges are required, bill is drafted by Parliamentary Counsel. The bill formed is read and debateis done for either rejection or acceptance or change by properly scrutinising the same. Approvedbill is then received assent and then handed to Governor (State) or Governor-General(Commonwealth). The Parliament delegates such legislation to locally-embedded councils,2
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