Business Studies - HRM: Influences

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All the flashcards for HRM (Year 12 NESA Course)

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23 Terms

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Stakeholders

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

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Employers

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

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Employees

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

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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

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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)

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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)

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Society

Stakeholder of individuals & industries directly impacted by HR outcomes

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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.

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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)

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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

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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

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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

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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,

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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

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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)

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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

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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

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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

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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.

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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

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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.

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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

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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.