Fair Work Ombudsman v HTA Farmings Pty Ltd Presentation: BMA583

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Added on  2022/10/11

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This presentation analyzes the Fair Work Ombudsman v HTA Farmings Pty Ltd [2017] FCCA 1847 case, focusing on the legal issues of the case and its relevance to human resource management (HRM) and employment relations. The presentation outlines the involvement of the Fair Work Ombudsman (FWO), the issues of underpayment and record-keeping, and the penalties imposed. It applies the Harvard HRM model, examining situational factors, stakeholder interests, and HR policies. The presentation further explores Maslow's hierarchy of needs and concludes with recommendations for recruitment companies to avoid underpayment and ensure employee satisfaction, emphasizing the importance of the Harvard model and Maslow's hierarchy of needs to improve organizational effectiveness. The presentation also references the Harvest Trail Inquiry Report 2018.
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MANAGING PEOPLE AND
THE EMPLOYMENT
RELATIONSHIP
Fair Work Ombudsman v HTA Farming's Pty
Ltd [2017] FCCA 1847
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INTRODUCTION
The power point presentation talks about the
case law of Fair Work Ombudsman v HTA
Farmings Pty Ltd [2017] FCCA 1847.
This presentation includes the major issues
raise in the case due to which was legally
considered.
The relevance of the case is explained with
the help of the human resource management
as well as employment relations.
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OVERVIEW OF CASE
The case law majorly involved two parties
one is fair work ombudsmen and another one
is HTA farming Pvt Ltd.
FWO is an individual statutory agency of the
Australian government that offers as the
central point of the contract majorly for the
free advice as well as the particulars
connected to the Australian countrywide
workplace relations system.
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CONTINUE…
The federal circuit courts are employee Hire
Company that is HTA farming Pty Ltd
manager of the company that is Tuan Anh Le.
It has been found that HTA farming also
contravened pay slip laws as well as they
failed to have the work agreements in place
for personnel who were paid piece rates.
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FWO INVOLVEMENT IN CASE
FWO pay and conditions tool (PACT) can
provide the offer the business owners to
calculate rates of pay that is applicable to
their business as well as templates for the
pay slip as well as time-and wages sheets
that are accessible for the free download.
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ISSUES IN CASE
In the case, FWO national inquiry remained
into the exploitation of the overseas
employees within Australia, Harvard trail has
enhance to the agency with the motive to
launch the legal action against the labour-
hire operators because of the supposedly
flouting record possessing laws.
In this case, FWO claims that the company
has lack of the basic records of the hours
worked that banned its examiners majorly for
examining whether nearly all workers were
being salaried for their least legal rights.
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CONTINUE…
In the case issue, the underpayments of
entitlements could be evaluated for the just
six out of the 265 employees that are
determined with the inspector for identifying
that the employees has been underpaid with
a total of $316 that has been mostly back-
paid.
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PENALTIES
FWO claimed that HTA farming
allegedly also contravened laws
related to pay slip as well as
they failed to maintain a piece
of work arrangements in place
majorly for the personnel who
were paid piece rates.
The penalty which was majorly
faced by HTA includes up to
$51,000 per contravention and
on the same side penalties of up
to $10,200 are faced by Mr Le.
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HUMAN RESOURCE MANAGEMENT
HRM comprises of the set policies that are
majorly designed to maximize the integration,
commitment of personnel, flexibility as well as
different quality of work.
The Harvard model of HRM is applied to the case
law which include different elements that are
discussed below: -
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HARVARD MODEL
The Harvard model of different factors are
linked to the case because in this case
Australian government agency sues the
recruitment company HTA farming’s majorly
for the failure to maintain the personnel
records and alleged underpayments.
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SITUATIONAL FACTORS
The situational factors that
are affected due to this
case and happening
include labour market that
gets affected because the
labour are underpaid due
to which the other
companies also offer less
amount to employees.
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CONTINUE…
In addition, the economy will get affected
because employees will get the less payment
which influences their purchasing power in
the economy.
The working of the HTA farming has leads to
legal claim by the FWO which affected the
societal values within the market of Australia.
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