Business Studies - HRM: Influences

All the flashcards for HRM (Year 12 NESA Course)

Stakeholders

Individuals or groups with a common interest in or are affected by the outcomes of a business.

Employers

Stakeholder that exercises control over employees, responsible for wages/salaries & has the power to dismiss empolyees.

Employees

Stakeholder that works under the control of employers, where control includes workplace location, how work is performed, & supervision.

Employer Associations

An organisation stakeholder that represents & assists employer groups.
- Represents employers in collective bargaining sessions, industrial tribunals, courts, commissions & committees.

• eg. ACCI (Australian Chamber of Commerce and Industry)

• ADD MORE

Unions/Trade Unions

Organisation stakeholder of employees in an industry or occupation that represents them in an effort to improve wages & working conditions

• Largest union in Australia is the ACTU (Australian Council of Trade Unions)

Government Organisations

Organisation stakeholder that enforces laws & standards to ensure fairness, safety, equity in workplace

• Two main organisations are the Fair Work Commision (from the Fair Work Act 2009) and the Fair Work Ombudsman (FWO)

Society

Stakeholder of individuals & industries directly impacted by HR outcomes

ACTU

The Australian Council of Trade Unions

• Largest trade union within Australia

• Represents other unions in negotiations with government, lobbying

• Will fight for better employee conditions, and thus typically against employer interests.

Modern Award

Modern Award: A legal contract of the minimum terms & conditions applied within specific occupations or industries.

• 121 total industry/occupation awards

• May be supplanted by enterprise agreements, which may provide better conditions than the award, but this must past the BOOT (Better Off Overall Test)

Social Justice

Social Justice: notion of fair & just relations between individuals & society

• Aims to remove biases & prejudices against marginalised individuals, and to provide equitable opportunities for all people

Employment Contract

Employment contract: legally binding agreement between employer & employer detailing terms and conditions of employment, including job duties, pay, benefits, working hours, and more.

• There are indefinite (permanent unless one party decides to terminate) and fixed term (employment ends at set date)

Splits into:

• Individual contracts

• Independent contractors

• Casual work

• Part-time contracts

Individual Contracts

Individual Contracts: legal contracts negotiated individual employees & employers detailing terms & conditions of work

• Typically for senior or skilled employees on salaries above $250,000

• Common in private sector

• Do not require Fair Work Commision (FWC) approval

Independent Contractors

Independent contractors: self-employed works that provide services to a business but are not employees

• Note: they are not employees. They do not have the same protections as employees.

• eg. Consultants, freelancers,

Common Law

Common law: legal duties and entitlements established through court decisions and legal precedents set, rather than written legislation.

• Often includes implied terms & rights

  • eg. Employers must provide a safe work environment; Employees must act in good faith & perform duties with care

National Employment Standards (NES)

National Employment Standards (NES): minimum employment entitlements that must be provided to all employees in the national workplace relations system.

• Includes most Australian workers, covers essential conditions (eg. pay, leave, redundancy, parental & maternity leave, etc)

Fair Work Ombudsman (FWO)

Fair Work Ombudsman: government organisation stakeholder that enforces & promotes Australian workplace laws

• Established alongside the FWC (formerly FWA) under the Fair Work Act 2009

• Focus on education, compliance and enforcement

• Educates employers & employees on their rights & responsibilities

Fair Work Commision (FWC, formerly Fair Work Australia (FWA))

Fair Work Commision (FWC): government organisation that acts as Australia’s national workplace tribunal

• Established alongside the FWO under the Fair Work Act (2009

• Enforces the Fair Work Act (2009) and resolves workplace issues

• Manages the judicial & legislative aspects of industrial relations to ensure fairness & compliance across workplaces.

• Involves setting & adjusting minimum wages, approving enterprise agreements, resolving disputes

Enterprise Agreement

Enterprise Agreement (EA): legal contract stipulating the terms & conditions of employment between a specific employer & their employees.

• Must get FWC approval & pass the BOOT

• Employers tend to prefer EA’s as they provide more flexibility than industry Awards

• Fixed 3 year time, then must be renegotiated or renewed with Enterprise Bargaining (EB)

• Downside: EA’s can require EB, which can take a significant amount of time as both employers and employees negotiate and compromise

Work Health and Safety (WHS)

Work Health and Safety (WHS): laws enforced by state & territory governments that aim to protect the wellbeing of workers & all parties affected by workplace activities (eg. customers, visitors, suppliers). Includes mental & physical health.

• Legal corpus set by the WHS Act (2011), sets out employer & employee duties

• WHS laws enforced by SafeWork NSW in Australia

• Ensures compliance, promises safe & productive work environment.

Workers’ Compensation (NSW)

Workers’ Compensation (NSW): component of the legal framework that stipulates a mandatory insurance system for employees injured or made ill at work

• Formed by the Worker’s Compensation Act (1987, NSW)

• Workplace Injury Management and Worker’s Compensation Act (1998, NSW)

• HR must ensure all employees are covered & claims managed correctly to ensure legal compliance

Discrimination

Discrimination: the alienation or disadvantage of a group based on personal characteristics irrelevant to the performance of work.

• eg. discrimination based on sex, gender, race, religious belief

• Includes harassment (offending behaviour or intimidation) and vilification (public act seeking to antagonise or incite hate)

• Anti-discrimination laws include the Sex Discrimination Act (1984) Cmlth, which outlaws discrimination on basis of gender identity, sexual orientation, relationship/martial status, etc.

Equal Employment Opportunity (EEO)

Equal Employment Opportunity (EEO): Equitable policies & practices in the HR cycle and HRM practices.

• Equity reflected in providing opportunities towards disadvantaged groups, such as women, LGBTQIA+ individuals, Aboriginal or Torres Strait Islander, etc

EEO at Qantas:

• Employee Assistance Program (EAP), focus on supporting gender diverse & LGBTQIA+ employees

Best Practice

(no BS definition available)

Best practice: actions, procedures, strategies deemed most desirable in the majority of businesses and situations, typically determined by the largest businesses within each industry.

• Eg. In training project managers, Google recommends various best practices for both Waterfall and Agile methodologies of leadership, including documentation and manager-employee interactions.