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All the flashcards for HRM (Year 12 NESA Course)
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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.