Analysis of the Fair Work Act 2009 and Its Workplace Impact

This report provides an overview of the Fair Work Act 2009, the primary legislation governing workplaces in Australia. It details the act's purpose, which is to maintain a balanced framework, protect employee rights, and establish employer responsibilities. The report covers key aspects such as the Na...Read More

FAIR WORK ACT

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK...............................................................................................................................................1
CONCLUSION................................................................................................................................3
REFERENCES................................................................................................................................4

INTRODUCTION
Fair work act 2009 is the Australian law which is able to maintain relationship in between
both; employers and employees (Macdonald and Charlesworth, 2013). Also, it can protect the
interest or rights of employees and impose several duties on employers to comply with their
responsibilities and provide a better working environment to people.
TASK
Fair work act 2009 is the primary legislation which govern workplace of Australia. This can
maintain a peaceful environment among organizations. The basic rules, regulations and
obligations of both employers and employees are mentioned in this law which can protect their
interest (McCrystal, 2010). Main aim of this legal body is to maintain a balanced framework at
the workplace and make it productive in nature. It can be able to promote national social
prosperity as well as social inclusion for the members of Australia. It provides several terms or
conditions related to employment. It should be beneficial for every business organization. This
act sets out roles, responsibilities and duties of members who come under employment. This act
consists other administration such as Fair Work Commission as well as Fair Work Ombudsman.
National Employment Standards is also consisting under Fair work act 2009. It
includes some standard which are able to protect the interest of people and provide equal rights
to them. Main aim of such standards is to offer protection to all workers who working in firms
operating in Australia (MacDermott and Riley, 2011). It consists of provisions which are mainly
applicable on employees. Such standards are aligned as below-
Working hours- The law define working hours of employees who are working in every
business organization. Employees are only able to work 9 hours in a day and 48 hours in a week.
No person can work more than specified time period as if they do so, then employers have to pay
an extra amount to them called as overtime.
Flexible working environment- As per the rules of law, employers are bound to provide
flexible working environment which can be changed as per the requirement. In this, person easily
maintains his/her performance in ab effective manner (Dorsett and Lafferty, 2010).
Provide notice- Every organization is bound to provide an advanced notice to their
employees for the purpose of termination as well as redundancy pay (Barnes and Lafferty, 2010).
If firm gets failed to do so then members have the right to file case against them and maintain
1

their performance. Notice is the written statement which is mainly used to intimate employees
for every further information which are important for them.
Above mentioned terms are considered as standard of law which are imposed on
employers and needed to be followed by them to protect the interest of both; employees and
employers (Freyens and Oslington, 2013). Also, it provides further guidance to the members of
company and aware them about their rights and interest.
National Minimum Wages is the actual base rate which employers have to provide to
their employees either they worked or not. It should be providing for their ordinary working
hours. Organizations are bound to perform their functions in order to comply with the law
(Creighton, 2012). The rate of minimum wages has been fixed by legal authorities which is
applied to every business organization (Fair Work Act impacts. 2017). This effective rule has
been established in order to protect the interest or rights of people. Fair Work Commission is
responsible to decide such rate which needs to be increased every year. Fair work Ombudsman is
able to governs as well as investigate several allegations which are related to breaches at
workplace or legal proceedings (MacDermott and Riley, 2011).
According to the section (1A) of this act, employees may request to change conditions in
their existing working arrangements (Fair, 2010). Certain changes in conditions include working
hours, several patterns of work, location and much more. Circumstances in which employees
request for changes are as follows-
 When employees have responsibilities of their children who not meet the age of majority
 Person suffering from disability.
 When person is considered as carer as per Carer Recognition Act 2010
Request must be present by employees in written form and all details regarding changes
which are required by them should be clearly mentioned.
Mr Moneyhungry is a seasoned Human Resource practitioner who is responsible to
manage functions in order to protect the interest of employees. He is the National HR Manager
of Advance Australia Bank (AAB). As an advising team of Human Resource consultancy name
called On-Target Consultancy, I would like to advise him that he should responsible to maintain
effective relationship with existing employees. Try to fulfil their target in effective manner.
Legal authority defines some rules, regulations and policies which are imposed on both parties
2

and helpful to maintain their effective relationship with each other. Organization has to provide a
healthy and safe working environment to employees in order to protect their interest and rights.
CONCLUSION
On the basis of above report, it is stated that Fair work act 2009 is able to protect interest
or rights of workers with preventing them from any kind of discrimination. Every person has the
right to file case against employers if they are doing any wrongful act according to rules of law.
Also, it consists of some rules, duties and responsibilities of both employees and employers. No
person can act against the rules and regulations of law imposed by government. If they do so
than court imposed penalties on them equal to mentioned under law.
3

REFERENCES
Books and Journals
Barnes, A. and Lafferty, G., 2010. The Fair Work Act: as good as it gets?.
Creighton, B., 2012. International labour standards and collective bargaining under the Fair
Work Act 2009. Rediscovering Collective Bargaining: Australia's Fair Work Act in
International Perspective. 9. p.46.
Dorsett, S. and Lafferty, G., 2010. Good faith and the Fair Work Act: its potential, in light of the
New Zealand experience.
Fair, C.C., 2010. Obama's New" Af-Pak" Strategy: Can" Clear, Hold, Build, Transfer" Work?.
Centre for International Governance Innovation.
Freyens, B.P. and Oslington, P., 2013. A first look at incidence and outcomes of unfair dismissal
claims under Fair Work, WorkChoices and the Workplace Relations Act. Australian
Journal of Labour Economics. 16(2). p.295.
MacDermott, T. and Riley, J., 2011. Alternative dispute resolution and individual workplace
rights: The evolving role of Fair Work Australia. Journal of Industrial Relations. 53(5).
pp.718-732.
Macdonald, F. and Charlesworth, S., 2013. Equal pay under the Fair Work Act 2009 (Cth):
mainstreamed or marginalised. UNSWLJ. 36. p.563.
McCrystal, S., 2010. Protected industrial action and voluntary collective bargaining under the
Fair Work Act 2009.
Online
Fair Work Act impacts. 2017. [Online]. Available through:
<http://www.hrmonline.com.au/section/legal/impact-fair-work-act-workforce/>.
[Accessed on 25th September].
4