suppliers. Supporting information WHS Regulators' contact information The role of WHS regulators Was the content on this page helpful? Copyright Fair Work Ombudsman, Translate this website. Delegations by a Division.. 36, 53. Limit on powers delegable to persons other than Divisions.. 37, Part5ACMAs staff etc. SWOT is a commonly used business analysis and decision-making tool. The organisation felt pleased theyd thought of an original approach that worked for this situation that was co-designed with employees. (4) The ACMA may revoke a persons appointment to the Forum. The ACMA may, subject to this Division, regulate proceedings at its meetings as it considers appropriate. Once youve determined your position, you should consider: A best practice workplace involves more than just understanding and complying with the law. Awards contain standard consultation clauses. (3) The persons on the Forum are those the ACMA from time to time appoints to the Forum. (2) Subsection(1) applies only if the ACMA: (b) has determined the method by which members are to indicate agreement with proposed decisions. Division3Terms and conditions for members and associate members. (ii) is, for any reason, unable to perform the duties of the office. When does an inquiry, investigation or hearing end? Consultation is most effective when its carefully considered and planned. If the Chair is not chosen, the Chair may elect at any time to be in the Division. The period must not exceed 5 years. (a) information that was given in confidence to the ACMA in connection with the performance of any of the ACMAs functions or the exercise of any of its powers; or. (3) Paragraph(1)(a) does not apply to a member who is prevented by rules made for the purposes of section29 of the Public Governance, Performance and Accountability Act 2013 from deliberating on the proposed decision. Our automatic translation service can be used on most of our pages and is powered by Microsoft Translator. notify any employees who might be affected by the proposed changes, and their representatives, discuss the proposed changes with the affected employees and any representatives as soon as possible after a decision is made, provide them with written information about the changes, how they might affect employees, and any measures the employer will put in place to prevent or reduce any adverse effects. customers. Commencement [see Note 1] 3. The ACMA has the functions described in this Division. , in relation to the ACMA, has the meaning given by section10. means a Division as described in section46. , in relation to a hearing, inquiry or investigation, has the meaning given by section4. means a hearing held, or proposed to be held, by the ACMA under Part13 of the. 63 Chair not subject to direction by ACMA on certain matters. The Legislation Register is managed by the Office of Parliamentary Counsel . Part6Corporate planning and reporting by ACMA. , in relation to the ACMA, has the meaning given by section9. means the carriage of communications (as defined in the in the. Find out more about workplace entitlements and obligations during coronavirus, including consultation requirements, at coronavirus.fairwork.gov.au. Cooperation means working together harmoniously to find solutions. key messages should be clear, consistent and given with context, the communication should invite responses. (1) The Minister may give written directions to the ACMA in relation to the performance of its functions and the exercise of its powers. On 10 November 2020, Western Australia passed a version of the model laws, which became operational on 31 March 2022. If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Principal object 4. This includes knowing the correct award that applies to their employees and relevant minimum pay rates, including penalty rates and overtime. s 3. am No 124, 2007; No 178, 2007; No44, 2012; No 25, 2015; No 38, 2015; No 85, 2017. s 4. am No124, 2007; No 109, 2014; No 25, 2015. s 6. s 8. am No89, 2006; No177, 2007; No103, 2010; No46, 2011; No44, 2012; No 38, 2015. s 9. s 10.. am No153, 2006; No124, 2007; No8, 2010; No 25, 2015; No 38, 2015; No 113, 2017; No 28, 2018. s 12.. s 13.. s 18.. s 22.. s 23.. s 25.. s 26.. s 29.. s 30.. s 34.. s 39.. s 40.. s 44.. s 47.. s 48.. s 53.. am No 124, 2007; No 36, 2011; No 22, 2015; No 25, 2015; No 126, 2015, am No 93, 2017; No 28, 2018; No 95, 2018. s 55.. am No 5, 2011 (md Sch 6 item122); No 62, 2014. s 56.. s 57.. am No8, 2010; No44, 2012; No 25, 2015; No 38, 2015; No 51, 2017; No 85, 2017; No 25, 2018. s 59F s 59J s 63.. Act No. when bargaining in good faith in the negotiation of the terms of an enterprise agreement, where an employee who is entitled to request a flexible working arrangement makes such a request, when negotiating an individual flexibility arrangement with an employee under an award or enterprise agreement, when an employee is on parental leave, and the employer makes a decision that will have a significant effect on the employees pre parental leave position. (3) An investigation under any of the following provisions of the Broadcasting Services Act 1992 ends (subject to subsection(4) of this section) at the end of the day the ACMA completes the investigation: (4) If the ACMA decides to prepare a report under section178 of the Broadcasting Services Act 1992 about an investigation under Part13 of that Act, the investigation ends at the end of the day the ACMA completes the report. (1) The Chair may, by writing, delegate to a member any or all of the Chairs functions and powers under: (b) regulations made for the purposes of section59H. If you have a question or concern about your job, entitlements or obligations, please Contact us. (2) Column 3 of the table contains additional information that is not part of this Act. (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the member or associate member is taken not to have complied with section29 of that Act if he or she does not comply with subsection(1) of this section. The practical application of theFair Work (Registered Organisations) Act 2009is overseen by the Fair Work Commission and the Registered Organisations Commission. (2) A reference in subsection(1) to any other instrument or writing includes a reference to an instrument or writing: (a) made by any person or body in Australia or elsewhere (including, for example, the Commonwealth, a State or Territory, an officer or authority of the Commonwealth or of a State or Territory or an overseas entity); and, (b) whether of a legislative, administrative or other official nature or of any other nature; and. (1) An associate member holds office for the period specified in his or her instrument of appointment. (2) An instrument made under regulations made for the purposes of paragraph(1)(b) that imposes conditions relating to one particular disclosure identified in the instrument is not a legislative instrument. Best practice employers communicate with employees about the business impacts of coronavirus and consult with employees about how they might change their operations and respond to new opportunities. (b) the Chair is the Head of that Statutory Agency. (6) The prosecution bears the evidential burden, and the legal burden, in relation to the matters in subsections(3), (4) and (5) (despite subsection13.3(3) of the Criminal Code). Protections against unfair or unlawful termination of employment. redundancies may be necessary if the technology is implemented (T). Making sure staff are aware of their classifications within their award or agreement can also help staff understand your expectations. Extension to complete inquiry, investigation or hearing. 18 Act may exclude State and Territory laws in other cases Part 2Australian Fair Pay Commission Part 3Australian Industrial Relations Commission Part 4Australian Industrial Registry Part 5The Employment Advocate Part2ACMAs establishment, functions, powers and liabilities. The Corporations Act 2001 is the main legislation regulating companies in Australia. (1) The ACMA may, by writing, delegate to a Division any or all of the ACMAs functions and powers so far as they relate to the kinds of matters the Division can deal with. Each time, management consulted with employees before any restructuring decisions were made. Relationship with Part13 of the. (3) An instrument made under subsection(2) that imposes conditions relating to one particular disclosure identified in the instrument is not a legislative instrument. The Fair Work Act sets out other situations where an employer must engage with its employees or their representatives. means an official symbol of the ACMA, the design of which is prescribed in the regulations. (3) The appointer may terminate the appointment of a member or associate member for misbehaviour or physical or mental incapacity. On this page: Importance of communication Employees Employers Consultation Workplace conversations A good communication channel will have the following key elements: Some examples of communication methods include: Using a variety of different communication channels isnt very effective if the quality of the communication is poor. (ii) any other law (other than a law to the extent to which it confers functions described in section8, 9 or 10); (e) to do anything incidental to or conducive to the performance of any of the above functions. Division4Requirements relating to these functions and powers. Note: For rules that apply to acting appointments, see section33A of the Acts Interpretation Act 1901. Through simulations and case studies learners will practice dealing with culturally and ethically challenging situations in the workplace, personal career planning, networking, strategic planning, and effective team . (2) The Chair may, by writing, impose conditions to be complied with in relation to authorised disclosure information disclosed under subsection(1). This can help prevent small issues from becoming big problems later on. (b) a transmission or radio emission covered by subsection20(1) or section21 or 22 of that Act. The ACMA consists of the following members: (c) at least 1, and not more than 7, other members. 10 ACMAs broadcasting, content and datacasting functions. This best practice guide is for managers and employers. (4) Subsection(1) has effect despite anything in the Acts Interpretation Act 1901. The Department of Home Affairs administers the Telecommunications (Interception and Access) Act 1979 (TIA Act) and the Surveillances Devices Act 2004 (SD Act). (2) An expression used in this section that is also used in the Broadcasting Services Act 1992 has the same meaning in this section as it has in that Act. Note: The ACMA need not obtain a persons agreement to a charge that relates to the ACMAs expenses in performing its functions mentioned in subsection(3) and does not amount to taxation (either because the charge is a fee for the ACMA providing the person with services or facilities or for another reason). (ii) radiocommunications receivers (within the meaning of that Act). sch 2 (items 17-87 . Sometimes these challenges are small, such as introducing a new staff training program. Note: For rules that apply to persons acting as the Chair, see section33A of the Acts Interpretation Act 1901. (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. It uses examples and tools you can apply to your own workplace. An employer working at best practice will routinely consult with its employees on these important issues. (2) For the purposes of the Public Service Act 1999: (a) the Chair and the ACMA staff together constitute a Statutory Agency; and. 62B Decisions relating to the Commonwealth etc. ACMA to maintain Register of policy notifications and Ministerial directions, (b) the contents, immediately before the commencement of section6 of this Act, of the register maintained under section56 of the. (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 7 offices of members in addition to the Chair and Deputy Chair. Protection of workplace rights such as the right to engage in industrial activities, the right to be free from unlawful discrimination at work, and the right to be free from undue influence or pressure in negotiating individual arrangements. (1) The appointer must terminate the appointment of a member or associate member if the Minister is of the opinion that the performance of the member or associate member has been unsatisfactory for a significant period of time. We pay our respect to them and their cultures, and Elders, past, present and future. protected symbol means an official symbol of the ACMA, the design of which is prescribed in the regulations. (a) stating any matter with respect to a delegation under subsection(1); and. The Chair is not subject to direction by the ACMA in relation to the Chairs performance of functions, or exercise of powers, under the Public Governance, Performance and Accountability Act 2013 or the Public Service Act 1999. A security organisation experienced a critical incident at the workplace. A member or associate member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the appointer. You can also contact usfor further advice before you speak to your employer. (1) The ACMA may, by writing, establish advisory committees to assist it in performing any of its functions. This checklist will help you work at best practice: State & Territory work health and safety bodies. (2) Sections51 and 52 do not apply to a power to do any of the following under the Broadcasting Services Act 1992: (b) decide that a person is not suitable to be allocated or to continue to hold a licence; (c) impose, vary or revoke a condition on a licence (other than a timing condition on a temporary community broadcasting licence); (d) determine, vary or revoke a program standard; (g) prepare or vary licence area plans under section26 of that Act; (h) give an opinion under section21 or 74 of that Act; (i) approve or refuse to approve temporary breaches under section67 of that Act; (j) make, vary or revoke a determination under section103L of that Act; (k) issue, or extend the time for compliance with, a notice (other than a notice under Division10A of Part5 of that Act or a notice under Part9C of that Act, a notice under Schedule8 to that Act or a notice under any other provision of that Act so far as that provision relates to Schedule8 to that Act); (l) refer a matter to the Director of Public Prosecutions; (3) Subsection(2) does not limit the generality of subsection(1). 15 Compilation date: 1 July 2015 Includes amendments up to: SLI No. The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Read the consultation and dispute resolution clauses set out in your award or registered agreement. For professionally translated information, select your language below. (4) For the purposes of subsection(2), a period of appointment includes (in addition to any periods when the person was a member of the ACMA): (a) a period when the person was an associate member of the ACMA; or, (b) a period before the commencement of section6 when the person was a member, or associate member, of the Australian Broadcasting Authority that was established by the Broadcasting Services Act 1992; or, (i) starting on or after 1July 1997; and. Communications Legislation Amendment (Deregulation and Other Measures) Act 2019 No. 95, 2018, Registered: 7 September 2018. (1) An ACMA official may disclose authorised disclosure information to the Minister. For professionally translated information, select your language below. communicate face to face wherever possible, especially for important messages, give the communication your full attention, make your communication as clear and as honest as you can, listen reflectively and actively and check that you have heard the message correctly, respond respectfully, be empathetic (I can appreciate why you feel that way), pay attention to body language and non-verbal triggers, be aware that different cultures have different ways of communicating respectfully (for example not making eye contact or favouring private rather than public praise). Select the topic below for information and links to each piece of legislation. Australia's national workplace relations system, Australian Government Apprenticeship Program, Employment Research, Evaluations and Data, Small business & the Fair Work Act - Fair Work Ombudsman. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. (b) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.

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