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Your Rights At Work
WorkChoices was the name given to changes made to the federal industrial relations laws in Australia by the Howard Government in 2005, being amendments to the ''Workplace Relations Act 1996'' by the ''Workplace Relations Amendment (Work Choices) Act 2005'', sometimes referred to as the ''Workplace Relations Amendment Act 2005'', that came into effect on 27 March 2006. In May 2005, Prime Minister John Howard informed the Australian House of Representatives that the federal government intended to reform Australian industrial relations laws by introducing a unified national system. ''WorkChoices'' was ostensibly designed to improve employment levels and national economic performance by dispensing with unfair dismissal laws for companies under a certain size, removing the "no disadvantage test" which had sought to ensure workers were not left disadvantaged by changes in legislation, thereby promoting individual efficiency and requiring workers to submit their certified agreements di ...
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Parliament Of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the Governor-General of Australia, governor-general), the Australian Senate, Senate and the Australian House of Representatives, House of Representatives.Constitution of Australia, Section 1 of the Constitution of Australia, section 1. The combination of two elected chambers, in which the members of the Senate represent the States and territories of Australia, states and territories while the members of the House represent electoral divisions according to population, is modelled on the United States Congress. Through both chambers, however, there is a Fusion of powers, fused executive, drawn from the Westminster system.. The upper house, the Senate, consists of 76 members: twelve for each state, and two each for the territories, Northern Terr ...
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Fair Work Act 2009
The ''Fair Work Act 2009'' (Cth) is an Act of the Parliament of Australia, passed by the Rudd Government to reform the industrial relations system of Australia. It replaced the Howard Government's WorkChoices legislation, it established Fair Work Australia, later renamed the Fair Work Commission. As the core piece of Australian labour law legislation, it provides for terms and conditions of employment, and also sets out the rights and responsibilities of parties to that employment. The Act established a safety net consisting of a national set of employment standards, national minimum wage orders, and a compliance and enforcement regime. It also establishes an institutional framework for the administration of the system comprising the Fair Work Commission and the Fair Work Ombudsman, The Fair Work Divisions of the Federal Court and Federal Magistrates Court and, in some cases, state and territory courts, perform the judicial functions under the Act. The Act is the foundati ...
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Section 51(xxix) Of The Australian Constitution
Section 51(xxix) of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament of Australia the right to legislate with respect to "external affairs". In recent years, most attention has focused on the use of the power to pass legislation giving effect within Australia to its obligations under international treaties and conventions. In some cases, as with human rights or environmental protection, the activities regulated by treaty-implementing legislation have not been international in nature but rather located solely within Australia or even solely within a particular State. In Australia, developments in international law have no direct effect for domestic purposes unless a deliberate law-making act by the proper law-making authority has "transformed" the international rule into a domestic rule. Origins According to Constitutional law academic Michael Coper, it is "not entirely clear what the founding father ...
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New States
New states may refer to: Creating new sovereign states (countries) *List of proposed state mergers to create new sovereign states *Lists of active separatist movements *List of historical separatist movements Creating new administrative subdivisions within countries *51st state, possible new states in the United States *List of U.S. state partition proposals *New states of Germany, five German states recreated in 1990 *List of proposed states of Australia *List of proposed provinces and territories of Canada *List of proposed states and territories of India See also *Estado Novo (other) *State (other) *New (other) *New Land (other) *New Country (other) *New areas of the People's Republic of China (special economic new urban zones) *New Territories, Hong Kong, China *New Territory, Texas New Territory is a master-planned community within the city of Sugar Land, Texas, United States. It was formerly a census-designated place (CDP) and i ...
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Section 51(xx) Of The Constitution Of Australia
Section 51(xx) of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the power to legislate with respect to "foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth". This power has become known as "the corporations power", the extent of which has been the subject of numerous judicial cases. Jurisprudence to 1971 After the High Court's decision in ''Huddart, Parker & Co Ltd v Moorehead'' (1909), the "corporations" power was largely ignored as a basis for Commonwealth legislation. The majority judges agreed in this case that the power should be construed narrowly, though they were unable to agree on any appropriate interpretation. Their approach reflected the perceived need to protect "the reserved powers of the States", an idea abandoned in 1920 as a result of the '' Engineer' case''.. Justice Issacs dissent in ''Huddart, Parker & Co.'' gave a broad mean ...
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Section 51 Of The Constitution Of Australia
Section 51 of the Constitution of Australia enumerates the legislative powers granted to Federal Parliament by the Australian States at Federation. The list contains 39 subsections, each referred to as a 'head of power' under which the parliament is empowered to make laws. The section is not an exhaustive list, as the federal parliament is authorized to enact legislation outside of those topics by certain other sections in the Constitution, such as sections 52 and 128. Australian States may still enact legislation upon the topics in section 51; but Federal law prevails to the extent of any conflict of laws. Powers of the Parliament Federation was intended to address problems caused by having the separate colonies on the one continent. Section 51 therefore encompasses a group of powers (known as heads of power) which reflect what powers the Commonwealth was viewed as needing to solve those problems. The most important heads of power in terms of supporting contemporary Common ...
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Pattern Bargaining
Pattern bargaining is a process in labour relations, where a trade union gains a new and superior entitlement from one employer and then uses that agreement as a precedent to demand the same entitlement or a superior one from other employers. In the United States, pattern bargaining was pioneered by unions such as the United Auto Workers and the Teamsters. The first step of the bargaining process is the identification of a target employer that is most likely to agree to a favourable employment contract. For the selected company, this provides an opportunity to influence the contract for the industry, while the downside is the risk of a labour disruption if negotiations stall or fail. Once this contract has been successfully negotiated and ratified by the unionized workers, the union declares it a "pattern agreement" and presents it to the other employers as a take-it-or-leave-it offer. In Australia, pattern bargaining was specifically outlawed under the now-repealed WorkChoices ...
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Secret Ballot
The secret ballot, also known as the Australian ballot, is a voting method in which a voter's identity in an election or a referendum is anonymous. This forestalls attempts to influence the voter by intimidation, blackmailing, and potential vote buying. This system is one means of achieving the goal of political privacy. Secret ballots are used in conjunction with various voting systems. The most basic form of a secret ballot utilizes blank pieces of paper upon which each voter writes their choice. Without revealing the votes to anyone, the voter folds the ballot paper in half and places it in a sealed box. This box is later emptied for counting. An aspect of secret voting is the provision of a voting booth to enable the voter to write on the ballot paper without others being able to see what is being written. Today, printed ballot papers are usually provided, with the names of the candidates or questions and respective check boxes. Provisions are made at the polling place for th ...
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Industrial Action
Industrial action (British English) or job action (American English) is a temporary show of dissatisfaction by employees—especially a strike action, strike or slowdown or working to rule—to protest against bad working conditions or low pay and to increase bargaining power with the employer and intended to force the employer to improve them by reducing productivity in a workplace. Industrial action is usually organized by trade unions or other organised labour, most commonly when employees are forced out of work due to contract termination and without reaching an agreement with the employer. Quite often it is used and interpreted as a euphemism for strike action, strike or mass strike, but the scope is much wider. Industrial action may take place in the context of a labour dispute or may be meant to effect political or social change. This form of communication tends to be their only means to voice their concerns about safety and benefits. Types *Strike action, Strike *Occup ...
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Unfair Dismissal
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation. Situation per country Australia (See: '' unfair dismissal in Australia'') Australia has long-standing protection for employees in relation to dismissal. Most of that protection was however confined in one of two ways. An employer could not dismiss an employee for a prohibited reason, most typically membership of a union.Such a''Commonwealth Conciliation and Arbitration Act'' 1904 (Cth)s9(1). An individual however could not challenge their own dismissal as being unfair and instead had to rely upon a union challenging the fairness of the dismissal. This remedy however was generally only available in the state tribunals. A similar definition existed at the Commonwealth level, however it was considerably limited by the requirement under the Constitution to establish an inter-state dispute. The ability for an individual to seek relief from unfai ...
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Enterprise Bargaining Agreement
Enterprise bargaining is an Australian term for a form of collective bargaining, in which wages and working conditions are negotiated at the level of the individual organisations, as distinct from sectoral collective bargaining across whole industries. Once established, they are legally binding on employers and employees that are covered by the Enterprise bargaining agreement. An Enterprise Agreement (EA) consists of a collective industrial agreement between either an employer and a trade union acting on behalf of employees or an employer and employees acting for themselves. By definition, an agreement, is the outcome of a ''negotiation'', and a ''decision'', involving multiple ''parties''. (See Fair trade) On the one hand, collective agreements, at least in principle, benefit employers, as they allow for improved "flexibility" in such areas as ordinary hours, flat rates of hourly pay, and performance-related conditions. Whilst collective agreements may, on the other hand, benefit ...
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