How will you help your employees understand the change and its potential impact on them? Copyright Fair Work Ombudsman, Translate this website. (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. Printed from fairwork.gov.au (b) an APS employee in that Department who is authorised, in writing, by the Secretary of that Department for the purposes of this subsection. They asked employees to analyse their own roles and the roles they thought were needed for the future. This is known as the Annual Wage Review. seek feedback on how your employees are receiving your communications. This means it is not a "criminal offence" to record your own conversations at work even if the other people being recorded do not know they are being recorded. Extension to complete inquiry, investigation or hearing. Employers who take a consultative and cooperative approach still have the right to make the final decision on how to manage their business. Save results from our Pay, Shift, Leave and Notice and Redundancy Calculators. (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. Chair not subject to direction by ACMA on certain matters, The Chair is not subject to direction by the ACMA in relation to the Chairs performance of functions, or exercise of powers, under the, Determinations may define expressions by reference to other instruments, (4) Subsection(1) has effect despite anything in the, Person not to use protected name or protected symbol, Note: A defendant bears an evidential burden in relation to the matter in subsection(2) (see subsection13.3(3) of the, (a) a trade mark that is registered under the, (b) a design that is registered under the, (5) Subsection(1) does not apply to a person who uses or applies a protected name or a protected symbol for the purpose of labelling customer equipment or customer cabling in accordance with section407 of the, (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. View tailored information relevant to you. (v) the Special Broadcasting Service Act 1991; (p) such other functions as are conferred on the ACMA by or under the following provisions of the Radiocommunications Act 1992: (i) paragraph102B(b), 109A(1)(g) or (ga), or 131ACA(b); (ii) subsection106(6A), 109A(1A) or (1B), 114(3C) or (3E), or 128C(1); (q) to report to, and advise, the Minister in relation to the broadcasting industry, internet industry and datacasting industry; (r) to monitor, and to report to the Minister on, the operation of each Act specified in paragraph(o) or (p), to the extent it is so specified; (s) to do anything incidental to or conducive to the performance of any of the above functions. A system of enterprise-level collective bargaining underpinned by bargaining obligations and rules governing industrial action. If no determination of that remuneration by the Tribunal is in operation, the member or associate member is to be paid the remuneration that is prescribed in the regulations. (b) during any period, or during all periods, when the Deputy Chair: (ii) is absent from duty or from Australia; or. Deputy Chair means the Deputy Chair of the ACMA. 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. Part4Decisionmaking and delegation by ACMA. 44 of 2005 as amended, taking into account amendments up to Broadcasting Legislation Amendment (Foreign Media Ownership, Community Radio and Other Measures) Act 2018, Administered by: Infrastructure, Transport, Regional Development and Communications, that shows the text of the law as amended and in force on, The notes at the end of this compilation (the. (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. , in relation to the ACMA, has the meaning given by section8. , in relation to the office of a member, has a meaning affected by section5. 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. (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (b) the Chair is the accountable authority of the ACMA; and, (c) the ACMA officials are officials of the ACMA; and. (3) A direction under subsection(1) must be published in the Gazette. Sections1 and 2 and anything in this Act not elsewhere covered by this table. Note: The Chair may enter into contracts and other arrangements on behalf of the Commonwealth. However, a later appointment must not result in the sum of the persons periods of appointment exceeding 10 years. The practical application of theFair Work (Registered Organisations) Act 2009is overseen by the Fair Work Commission and the Registered Organisations Commission. Fair Work Legislation Amendment Regulations 2022: Fair Work Regulations 2009. (1) The ACMAs additional functions are as follows: (a) if a written instruction issued by the Minister to do so is in forceto prepare to provide for the management of electronic addressing: (i) of a kind specified in the instruction; and. There are many ways to consult with employees, but key elements include: Your consultation plan should set out how consultation will occur and who will be involved. The Legislation Register is managed by the Office of Parliamentary Counsel . 16 Act excludes some State and Territory laws 17 Awards, agreements and Commission orders prevail over State and Territory law etc. 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. (1) At a meeting of the ACMA, a question is decided by a majority of the votes of the following people present and voting: (b) if the question relates to a matter connected with an inquiry, investigation, hearing or other matter specified in the instruments of appointment of 1 or more associate membersthat associate member, or each of those associate members. Most awards and agreements require making a copy of the award or enterprise agreement available and easily accessible to staff. (1) An associate member holds office for the period specified in his or her instrument of appointment. (2) In performing a function, or exercising a power, delegated under subsection(1), the delegate must comply with any directions of the Chair. This subsection has effect subject to subsections(3) and (4). 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). (b) statistics derived from authorised disclosure information that are not likely to enable the identification of a person. Most employees are very interested in whats happening in the business and how its performing, especially if that might impact on their job security. (4) Despite subsections(1) and (2), if an associate member is conducting, or is part of the panel conducting, an inquiry, investigation or hearing for the ACMA, the Minister may, by writing, extend the associate members appointment until the end of the inquiry, investigation or hearing. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Employers should be aware they might have additional consultation duties with employees who have health, safety and welfare issues in the workplace. The effect of uncommenced amendments is not shown in the text of the compiled law. 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. Employers can read the Fair Work Ombudsman's, Small business owners can call the Small Business Helpline on. a criminal offence) to record conversations if you yourself are not a party to the conversation. (vi) Part14AA of the Broadcasting Services Act 1992; (i) to monitor, and to report to the Minister on, the operation of each Act specified in paragraph(h), to the extent it is so specified; (j) to do anything incidental to or conducive to the performance of any of the above functions. (2) The Minister may give the Chair written guidelines that are to be used by the Chair in deciding whether a matter is covered by subsection(1). (2) The Chair and the Deputy Chair must be appointed as fulltime members. Most businesses use more than one method. Australia's national workplace relations system, Australian Government Apprenticeship Program, Employment Research, Evaluations and Data, Small business & the Fair Work Act - Fair Work Ombudsman. (a) for a memberthe GovernorGeneral; or. means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device. (1) Proceedings brought by the Commonwealth in relation to the functions or powers of the ACMA may be brought in the name of the ACMA. 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. Under section 184 of the Criminal Code, it is only illegal (i.e. Employees who have the opportunity to be a part of the process are more likely to accept change and are less likely to feel anxious or fearful. 120, 2019 An Act to amend laws relating to communications, and for related purposes [Assented to 12 December 2019] The Parliament of Australia enacts: 1 Short title This Act is the Communications Legislation Amendment (Deregulation and Other Measures) Act 2019. (d) information that was given in confidence to the ACMA by a government authority of a foreign country. These consultation requirements fall under state or territory work health and safety laws. The key points to communicate to your staff are: electronic communications and social media aren't private For more information about any editorial changes made in this compilation, see the endnotes. gambling service has the same meaning as in the Interactive Gambling Act 2001. hearing means a hearing held, or proposed to be held, by the ACMA under Part13 of the Broadcasting Services Act 1992. inquiry means an inquiry held, or proposed to be held, by the ACMA under: (a) Part25 of the Telecommunications Act 1997; or. (1) Subject to subsection(2), the following provisions apply in relation to meetings of a Division: (a) a member in the Division may call a meeting by giving notice of the meeting to the other members in the Division; (b) a quorum at a meeting is a majority of the members for the time being in the Division; (i) rules made for the purposes of section29 of the Public Governance, Performance and Accountability Act 2013 prevent a member in the Division from participating in the deliberations, or decisions, of the Division with respect to a particular matter; and. 2) 2010, Sch6 (items1, 24): 1Jan 2011 (s2(1) item3), Sch6 (item122): 19Apr 2011 (s2(1) item17), Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011, Sch2 (item1): 27May 2011 (s2(1) item2), Sch2 (items132138) and Sch3 (items10, 11): 27Dec 2011 (s2(1) items2, 12), Telecommunications Legislation Amendment (Universal Service Reform) Act 2012, Sch1 (items13): 1July 2012 (s2(1) item2), Sch 6 (items79, 23): 24June 2014 (s2(1) item9), Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014, Sch 5 (items14), Sch 6 (items13, 14), Sch 7 (items203214) and Sch 14: 1July 2014 (s 2(1) items3, 6, 14), Public Governance and Resources Legislation Amendment Act (No. However, the only meetings that are to be taken into account for this purpose are meetings: (a) that the associate member was entitled to attend (see section40); and. customers. (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or. If you are unsure about how it applies to your situation you can call our Infoline on 13 13 94 or speak with a union, industry association or a workplace relations professional.
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