Analysis Of Workplace Regulations And Responsibilities In Australia

Hourly figures required

Section 18 of the Clerks—Private Sector Award 2010 recognize the junior employees of the organization, and as per this section Junior employees of the firms holds the right to get the least amount of salaries which are set by the Award. In terms of the junior employees right to receive the least amount of salaries, Clause 16 of the Award defines the following % as the appropriate salaries:

Clause 16 of the award also defines the minimum salaries, and this amount is defined on weekly basis:

In context of the above stated terms, junior employees whether full time employee or part time employee of the organization (19 years of age) holds the right to get following minimum salaries on hour basis (FWO, n.d.):

In this scenario, Tracey Tan is the employee of the organization and expencting review of her salary. As stated in the scenario, she is employed as the casual employee in the organization almost 12 months before on $17 per hour. After evaluating her skills and performance, she finds that she deserves to be promoted from the junior employee to senior one in the organization on the basis of her role. In other words, Tracey believes that her work performance is good, and on the absis of this she deamnds increment in her salaries. She further stated to the management that her present salary that is $17 per hour is less that rate of salary defined by the Award in terms of her age.

above stated clause are applicable in this scenario, and on the basis of these clauses, it is clear that tracy presently worling at stage I because she is only 19 years of age and employed only 12 months before. Section 18 is implemented and as per this section, Tracey has right to geet 80% of the amout defined in the clause 16 of the award.

In terms of aboce taxonomy, tracey is presently woking at stage I and because of which her minimum salary on hour basis is $15.55 per hour, but presently she is recieving $17 per hour which is acrrtually higher than the amount defined undder the Award for stage I. Therefore, Tracey cannot file cliam for this.

2). As per clause 7 of the Clerks—Private Sector Award 2010 (FWO, n.d.), both employer and employee of the organization can be agreed to amend the certain rules and regulations of the organization for fulfilling the actual requirements of both employer and employee on individual basis. This clause further define the areas in which amendment is possible:

• Preparations for the time when the work is done.
• employees get the payment related to the overtime rates.
• Organization imppposed penalty rates on the employees.
• Employees right to get allowances.
• Matters related to leave.

No figures required

It must be noted that each and every individual case is decided in terms of its merits. In case request is made by the professional employees for the flexible working arrangements, then it is the duty of the employer of the organization to deal with flexible working arrangements of the eeemployees. Parallel type of attention must alos be given to the request of the administrative employee in terms of the flexible working arrangements. No policy whether formal or informal is present which recognize the flexible working hours for any certain type of employees in the organization.

This clause further states that, employees of the national system also holds the right to make request related to the flexible working arrangement. This also includes the employees of the small business organizations who complete the 12 months of their services in the organization and it also includes the casual employees who are employed for providing the services on continuous basis. It also include those employees who are responsible for child care, and does not even completed 18 years of age.

There is no particular time for making the request, which means, employees holds thee right to make the request related to the flexible working arrangement at any period of time. In case, such request is rejected by the employer after being agreed, then employee has right to take the matter to the Fair Work Commission (FWC). FWC has right to review this matter and make decision accordingly. Howeever, it must be noted that, FWC does not have capacity to review the matter if such matter is refused by the employer (Fair work act, 2009).

Tom Davis is the employee of the organization nad almost 64 years old, and while performing his services, he made request to the director of HR for availing the flexibility in the working arrangements. In his request Tom stated that, his daughter joined the work currently and because of which he required to take care of his grandson, and because of this he seeks flexibility in his working arrangements. Tom further stated, he need to take care of his grandson on any one day of the week, and because of this he is ready with any day of the week off. He posted this request to the HR director almost two weeks ago, but there is no response of he HR director. Later, line manager of the organization states that it is not possible for the organization to accept his request.

Final figures required

Clause 7 of the Award is applicable in this case, and as per this award Tom is entitled to ttthis ffflllexible working arrangement because Tom is under obligation  to take care of the child who is under the age of school. However, Eployer possess the right of refusal, but such refusal must be done on the basis of the reasonbale grounds (aeardviewer, n.d.).

3). Termination of the employees of the company is decided by the accounts department of the company, and this decision is taken because there is no need of high number of manual employees in the organization, as automated system is introduced in the organization for scanning the receipts and invoices. In this case, accounts department of the organization make final payments to the two employees for redundancy:

Clause 14 of the Award deals with the matter of redundancies, and as per this clause employee of the organization is redundant by providing the notice of termination, and it is considered y the Court that employer terminates the employee of the organization in context of the notice period. Employees of the organization holds the right to get the advanatgaes and costs under this clause in such manner as they are not ended from the employment, till the expiry of the notice period. however, such employees has no right to get the payment related to the off notice period (NECA, 2010).

Termination of the employment is the question which is deal by the Industrial Relations Commission in different manner, and employer of the organization is under duty to make following payments to the employee (FWO, n.d.):

If age of the mployee is not 45 years, then he or she is entitled to following sum:

If age of the employee is 45 years or more, then he or she is entitled to following sum:

For the purpose of this clause, Weekly pay includes following amounts:

• all-purpose rates related to the payment for which employees of the organization is entitled at the date of termination.
• It also includes the complete rate in context of the payments.
• penalties imposed on the shifts of the employees.
• Allowances provided to the employees of the organization in terms of this clause.

On 1^st January 2018, Cheryl is employed in the organization, and in context of clause 14 Chryl does not hold any right to get any amount in other factors that are age factors. In this case, Both the scenarios show nil amount for those employees who does even fulfill 1year of their employment. Therefore, Cheryl is not entitled for any other payment in the organization.

In secong case, Patrick is employed by the organization on 03/02/2015, and in contex of clause 14 is completed more than 3 years but less than 4 years, he is entitled for following payments:

• In case Patrick does not reach age of 45 years then he is entitled to 10 weeks payment.
• In case Patrick reach age of 45 years or more then he is entitled to 12.5 weeks payment.

Comparison figures required

Part B

1). In this section of the Assignment, We discuss the enterprise agreement of the Woolworths limited. Woolworths Supermarkets is theorganization which is operated in the Australia as the supermarket/grocery store chain, and this organization is owned by the Woolworths Limited. The mian aim of our organization is to first served to our customers in all the brands of the organization. For the purpose of achieving this goal, organization set following priorities:

• Organization focus on build the culture which focus on customers and stores.
• Organization mainly aims to generate the sustainable sales in context of food.
• Evolution of the businessof drinks for the purpose of providing more value and convience to the customers of the organization.
• Organization also focusing on empowering the portfolio business of the organization for the pursuing the startegies in terms of delivering the value to the shareholders (Woolworths, n.d.).
• Woolworth becomes the lean retailer in context of end-to-end process and system excellence.

All these things start with the building of the great retial team which mainly focus on the customers, team members, and suppliers of the organization. Teams of the Woolworths received the feedback from the customers on daily basis. In other words, team make every day efforts for the purpose of improving our offer and shopping experience to the customers.

Enterprise agreement of the Woolworths is known as the Woolworths National Supermarket (WNS, 2012)Agreement 2012. This agreement is applied in all the states and territories of the Australia. This agreement covered following parties in its ambit (WNS, 2012):

• It covers Woolworths Limited and also the woolworths South Australia Pty Ltd in contttext of employees stated under this agreement and who are employed by these companies under the supermarket retail agreement. It must be noted that, this agreement is not applied on those members of the organization ho are employed in the Liquor department of the Woolworths or in the store trading as BWS.
• This agreement does not cover those employees who are employed at salaried positions, and this also includes team managers, team support, duty managers, etc.
• In case, Woolworths Limited is bound by the existing agreement of the workplace which is signed under the Workplace Relations Act 1996 in context of those employees who are fall under the application definition of this agreement, then this agreement will not apply on such employees after the day on which this agreement expires.

Clause 1.2.2 of this agreement defines the applicability of this agreement on unions, and as per this caluse this agreement is applicable on the The shop and the Allied employees Association. This calsue further states, that this agreement is also applicable on the Australian Workers Unions of Employees (Queensland).

2). Clause 3.2.1 of the enterprise agreement defines the wages and allowances in context of the junior employees. It must be noted that, Junior employees of the organization receives the following percentage in context of theee   appropriaaate grade 1 or 2 adult rate stated under clause 3.1:

Clause 3.1 of the agreement defines the wages rate for the employees employed in Victoria, and as per this clause:

In this scenario, Tracey Tan is the employee of the organization and expencting review of her salary. As stated in the scenario, she is employed as the casual employee in the organization almost 12 months before on $17 per hour. Tracey believes that her work performance is good, and on the absis of this she deamnds increment in her salaries. Above stated clause are applicable in this scenario, and on the basis of these clauses, it is clear that tracy presently working in Victoris and she is only 19 years of age. This means that Tracey is entitled to 80% of the amount stated undder grade 1 and 2 for the adults wage rate under clause 3.1 that is 807.27. In context of per hour present rate is $26.9. In the present case, Tracey is getting $ 17 per hour which is less than the rate stated under the enterprise agreement. therefore, currently, tracey is getting less than the rate specified under the enterprise agreement.

Introduction to employment law and Australian labour laws

In terms of Award, tracey is presently woking at stage I and because of which her minimum salary on hour basis is $15.55 per hour, but presently she is recieving $17 per hour which is acrrtually higher than the amount defined undder the Award for stage I.

After comparing both the situations, it is clear that, tracey is getting better amount in the enterprise agreement.

3). Clause 2.14 of this agreement defines the provisions related to the redundancy pay, and provision 5 of this clause defines the for which employee is entitled during redundancy is stated:

If age of the mployee is not 45 years, then he or she is entitled to following sum:

If age of the employee is 45 years or more, then he or she is entitled to following sum:

For the purpose of this clause, Weekly pay includes following amounts:

• all-purpose rates related to the payment for which employees of the organization is entitled at the date of termination.
• Merit payments.
• Loading and allowances.

On 1^st January 2018, Cheryl is employed in the organization, and in context of clause 14 Chryl does not hold any right to get any amount in other factors that are age factors. In this case, Both the scenarios show nil amount for those employees who does even fulfill 1year of their employment. Therefore, Cheryl is not entitled for any other payment in the organization. In this situation of Ceryl is similar in both award and enterprise agreement.

In second case, Patrick is employed by the organization on 03/02/2015, and in contex of clause 2.14 is completed more than 3 years but less than 4 years, he is entitled for following payments:

• In case Patrick does not reach age of 45 years then he is entitled to 10 weeks payment.
• In case Patrick reach age of 45 years or more then he is entitled to 12.5 weeks payment.

In this case also, situation of Patrick is similar in both award and enterprise agreement.

References:

Awardviewer. Clerks—Private Sector Award 2010. Available at: https://awardviewer.fwo.gov.au/award/show/MA000002#P262_23649. Accessed on 21^st June 2018.

Clerks—Private Sector Award 2010- Clause 14.

Clerks—Private Sector Award 2010- Clause 16.

Clerks—Private Sector Award 2010- Clause 18.

Clerks—Private Sector Award 2010- Clause 7.

Fair Work Act, (2009). Frequently Asked Questions. Available at: https://www.cpaaustralia.com.au/~/media/corporate/allfiles/document/professional-resources/practice-management/fair_work_act_faqs_jan_2010.pdf. Accessed on 21^st June 2018.

FWO. Clerks—Private Sector Award 2010. Available at: https://awardviewer.fwo.gov.au/award/show/MA000002#P268_24677. Accessed on 21^st June 2018.

FWO. Redundancy pay & entitlements. Available at: https://www.fairwork.gov.au/ending-employment/redundancy/redundancy-pay-and-entitlements#2045-2046. Accessed on 21^st June 2018.

NECA, (2010). Clerks—Private Sector Award 2010. Available at: https://neca.asn.au/sites/default/files/media/state_nsw/Employee%20Relations/Clerks-Private%20Sector%20Award%202010%20(MA000002)%20171213.pdf. Accessed on 21^st June 2018.

WNS Agreement 2012- Clause 1.2.

WNS Agreement 2012- Clause 1.2.1.

WNS Agreement 2012- Clause 2.14.

WNS Agreement 2012- Clause 3.1.

WNS Agreement 2012- Clause 3.2.1.

Woolworths, (2012). WNS Agreement 2012, https://www.sda.org.au/download/enterprise-agreements/WOOLWORTHS-NATIONAL-SUPERMARKET-AGREEMENT-2012.pdf. Accessed on 21^st June 2018.

Woolworths. About Us. Avalable at: https://www.woolworthsgroup.com.au/page/about-us/. Accessed on 21^st June 2018.

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