Finally, consult with staff and develop a strategy to address the issues in the SWOT. Consistency with CER Trade in Services Protocol 17. ACMA to consult ACCC in relation to management of electronic addressing. This is a compilation of the Australian Communications and Media Authority Act 2005 that shows the text of the law as amended and in force on 1 September 2018 (the compilation date). Find wages and penalty rates for employees. (4) The Chair must inform the Minister if the members of the ACMA agree, in accordance with any rules made for the purposes of section29 of the Public Governance, Performance and Accountability Act 2013, to a member or associate member doing something that, apart from that agreement, the member or associate member would be prevented by those rules from doing. (2) However, such a direction can only be of a general nature if it relates to: (a) the ACMAs broadcasting, content and datacasting functions; or. (b) provide that the Chair may, by writing, impose conditions to be complied with in relation to the disclosure of authorised disclosure information in those circumstances. Content last updated: (ii) radiocommunications receivers (within the meaning of that Act). Ask them to think of ways in which the weaknesses or threats can be reduced, strengths built on and opportunities maximised. Our automatic translation service can be used on most of our pages and is powered by Microsoft Translator. 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 . Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021. The following endnotes are included in every compilation: The abbreviation key sets out abbreviations that may be used in the endnotes. (1) The ACMA may, by written instrument, make determinations fixing charges for: (b) any matter in relation to which expenses are incurred by the ACMA under: (iii) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or, (iv) the Radiocommunications Act 1992; or, (v) the Broadcasting Services Act 1992; or. For 10 year rule, count associate membership and ABA and ACA membership and associate membership. 55 Arrangements with authorities of the Commonwealth. Sections1 and 2 and anything in this Act not elsewhere covered by this table. It is sometimes known as occupational health and safety (OH&S). First, identify all the SWOT points for the change. The endnotes provide information about this compilation and the compiled law. (4) The ACMA may give an advisory committee written directions as to: (a) the way in which the committee is to carry out its functions; and. The day on which this Act receives the Royal Assent. (b) a transmission or radio emission covered by subsection20(1) or section21 or 22 of that Act. 59J This Part does not limit disclosure by ACMA official. (1) A fulltime member or fulltime associate member has the recreation leave entitlements that are determined by the Remuneration Tribunal. Telecommunications Act 1997 - Legislation (b) when the member leaves the meeting concerned there is no longer a quorum present; the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter. (3) A Division must consist of at least 3 members as chosen from time to time by the ACMA. (iii) the provision of the services or facilities maintains or improves the specialised technical skills of the ACMAs staff in relation to radiocommunications or telecommunications; (d) such functions as are conferred on the ACMA by or under: (i) this Act (other than section8, 9 or 10); or. In our experience, if issues arise in the workplace, having an open and respectful conversation can help to resolve the problem. the new technology will improve worker productivity (S), because its new technology, there may be teething problems at the start (W), it should ultimately allow the business to produce more at a lower cost (O). Legislation: Fair Work Act 2009. The information in this compliance code is particularly relevant if you're an employer or health and safety representative (HSR) in a culturally and linguistically diverse (CALD) workplace. Workplace problems - Fair Work Ombudsman (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. However, if any of the provision(s) do not commence before 1July 2005, they commence on that day. Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022. Division3Terms and conditions for members and associate members. Generally, state laws cover the installation and use of CCTV, and some states also have specific workplace surveillance laws. (vi) an instrument made under an Act referred to in subparagraph(ii), (iii), (iv) or (v); and specifying the persons by whom, and the times when, the charges are payable. Each jurisdiction has a WHS regulator that: enforces WHS laws inspects workplaces gives advice. (b) during any period, or during all periods, when a member: (1) The Minister may appoint as many associate members of the ACMA as he or she thinks fit. 52, 2006 made under the Fair Work (Registered Organisations) Act 2009 and Workplace Relations Amendment (Work Choices) Act 2005 Compilation No. Under occupational health and safety legislation, employers and employees are required to comply with any measures that promote health and safety in the workplace. Employers can read the Fair Work Ombudsman's, Small business owners can call the Small Business Helpline on. They also asked each team to consider sales and financial data and suggest ways they could respond to lower sales. Note: Section33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc. (b) information that was obtained by the ACMA as a result of the exercise of any of its powers under: (i) Part2, 5, 7 or 13 of the Broadcasting Services Act 1992; or, (ia) Part3, 4 or 5 of the Interactive Gambling Act 2001; or, (ii) Chapter3, 5 or 6 of the Radiocommunications Act 1992; or, (iii) Part3, 6, 21, 26 or 27 of the Telecommunications Act 1997; or, (iv) Schedule3A to the Telecommunications Act 1997; or, (v) Part2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999; or. (a) determine rules that purport to exclude the operation of, or that are inconsistent with, rules made for the purposes of section29 of the Public Governance, Performance and Accountability Act 2013, or any provision of this Act (other than subsection(1) of this section); or. Commencement [see Note 1] 3. The changes must not change the effect of the law. (2) Subsection(1) is subject to a contrary intention in the other Act. The National Employment Standards (NES) are the minimum standards of employment set out in the Fair Work Act 2009 (Act) which apply to all national system employees and employers, covered by the Act and related industrial instruments such as modern awards and enterprise agreements. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation (md) added to the details of the amendment included in the amendment history. Each time, management consulted with employees before any restructuring decisions were made. (1) Each member is to be appointed by the GovernorGeneral by written instrument. (ii) is, for any reason, unable to perform the duties of the office. A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. 2. Find out more about workplace entitlements and obligations during coronavirus, including consultation requirements, at coronavirus.fairwork.gov.au. telecommunications functions, in relation to the ACMA, has the meaning given by section8. vacancy, in relation to the office of a member, has a meaning affected by section5. This way any issues can be identified and resolved as quickly as possible. Participation etc. (1) The Chair must not engage in paid employment outside the duties of the Chairs office without the Ministers approval. (1) A member or associate member is to be paid the remuneration that is determined by the Remuneration Tribunal. Federal Register of Legislation - Australian Government. Subject to section53, the ACMA may, by writing, delegate any or all of its functions and powers to: (b) an associate member, if the delegated function or power relates to a matter connected with an inquiry, investigation, hearing or other matter specified in the associate members instrument of appointment; or. A structured workshop consultation process can help achieve effective consultation. (8) If the Minister is of the opinion that the members have failed to comply with section56 or 57, the GovernorGeneral may terminate the appointment of all members or particular members. A SWOT analysis helps you: All you need to begin is something that you want to analyse, for example, the proposed introduction of new technology in your business. For 10 year rule, count membership and ABA and ACA membership and associate membership. It also has practical tips and case studies to help you move your business towards best practice. (1) The Chair presides at all meetings at which he or she is present. (2) A charge fixed under subsection(1) must not be such as to amount to taxation. Log in now to save this page to your account. (3) Despite subsections(1) and (2), if a 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 members appointment until the end of the inquiry, investigation or hearing. 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. Schedule 10 has effect 10. South Australia and Tasmania implemented the model WHS laws on 1 January 2013. Every workplace can enjoy the benefits of taking a best practice approach to consultation and cooperation. Legislation We administer acts and regulations relating to work health and safety (WHS), explosives and the transportation of dangerous goods. (1) An ACMA official authorised by the Chair, in writing, for the purposes of this section may disclose authorised disclosure information to any of the following authorities if the Chair is satisfied that the information will enable or assist the authority to perform or exercise any of its functions or powers: (a) the Australian Bureau of Statistics; (b) the Australian Competition and Consumer Commission; (c) the Australian Prudential Regulation Authority; (d) the Australian Securities and Investments Commission; (f) the Secretary of the Department administered by the Minister administering the Foreign Acquisitions and Takeovers Act 1975 or an APS employee in that Department whose duties relate to that Act; (g) the Secretary of the Department administered by the Minister administering the Classification (Publications, Films and Computer Games) Act 1995 or an APS employee in that Department whose duties relate to that Act; (ga) the Secretary of the Department administered by the Minister administering the Migration Act 1958 or an APS employee in that Department whose duties relate to that Act; (h) the Secretary of the Department administered by the Minister administering the Telecommunications (Interception and Access) Act 1979 or an APS employee in that Department whose duties relate to telecommunications or law enforcement; (j) the Director of Public Prosecutions; (k) the Australian Security Intelligence Organisation; (ka) the Australian Signals Directorate; (l) an authority of a State or Territory responsible for enforcing one or more laws of the State or Territory; (m) the Regional Telecommunications Independent Review Committee; (n) the Telecommunications Industry Ombudsman; (na) the Secretary of the Department administered by the Minister administering Part2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 or an APS employee in that Department whose duties relate to that Part; (o) an authority of a foreign country responsible for regulating matters relating to communications or media (including, for example, matters relating to broadcasting or the internet); (p) an authority of a foreign country responsible for regulating matters relating to the provision of gambling services. Under section 184 of the Criminal Code, it is only illegal (i.e. give prompt consideration to any matters raised by the employees and their representatives. Note: This subsection does not authorise ACMA to bring proceedings against the Commonwealth: see also subsection62B(2). (4) An associate members instrument of appointment must contain a statement to the effect that the associate members appointment relates to 1 or more specified matters, being: (a) an inquiry, investigation or hearing; or. (a) radiocommunications (within the meaning of the Radiocommunications Act 1992); or. The period must not exceed 5 years. A safety net of minimum terms and conditions of employment. Good communication starts from the day you hire a new employee. Know your rights and obligations - Fair Work Ombudsman (2) Subsection(1) applies in addition to any rules made for the purposes of that section. take care with written communications, such as emails. Consultation clauses generally require consultation where an employer has decided to introduce major changes in production, programming, organisation, structure or technology that are likely to significantly affect employees. Workplace discrimination, harassment and bullying | Australian Human (1A) Subsection(1) does not authorise the disclosure of information to an authority mentioned in paragraph(1)(ga) or (p) unless the information relates to: (a) a prohibited interactive gambling service; or. (a) this Act to a vacancy in the office of a member; or. Australia's national workplace relations system, Australian Government Apprenticeship Program, Employment Research, Evaluations and Data, Small business & the Fair Work Act - Fair Work Ombudsman. Protections against unfair or unlawful termination of employment. An ACMA official may disclose authorised disclosure information if it is already publicly available. Regularly share information about the business. Check that the language you use is clear and will not intimidate or offend the recipient. (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. The Fair Work Act and awards were temporarily changed to give employers and employees extra flexibility with respect to hours, work location and stand downs. Application, saving and transitional provisions for provisions and amendments. (4) A Division can also include 1 or more associate members as chosen from time to time by the ACMA if, for that associate member, or for each of those associate members, the kinds of matters the Division can deal with include a matter connected with an inquiry, investigation, hearing or other matter specified in the associate members instrument of appointment. The Office of the Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters and community. (4) The Chair must call a meeting if requested to do so in writing by: Reasonable efforts must be made to inform the following people about proposed meetings of the ACMA: (b) if the agenda for the proposed meeting mentions a matter connected with an inquiry, investigation, hearing or other matter specified in 1 or more associate members instruments of appointmentthat associate member, or each of those associate members. If the award also has rules about rostering and ordinary hours (for example in a different clause), the employer needs to follow those rules first. Employers need to know their rights and obligations in their workplace. 17 ACMA to consult ACCC in relation to management of electronic addressing. Division4Requirements relating to these functions and powers. Workplace problems Problems happen in every workplace from time to time. (e) a foreign country is responsible for the regions international relations. Employers. Management and employees then work together to identify any workforce issues or problems arising out of the change and agree on ways to solve those problems. Work health and safety (WHS) involves managing risks to the health and safety of everyone in your workplace, including your: workers. Federal Register of Legislation requires the employer to consult with employees about any major workplace changes or changes to their regular roster or ordinary hours of work. Our online courses can help you be more confident having difficult conversations in the workplace. It explains the advantages of taking a best practice approach to consultation and cooperation in your business. For professionally translated information, select your language below. Workplace Communication in Canada - MNLCT means the Australian Communications and Media Authority. (3) The ACMA may revoke a persons appointment to an advisory committee. (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 Telecommunications Act 1997 or section182 of the Radiocommunications Act 1992. (c) Part5 of Schedule6 to the Broadcasting Services Act 1992. listed carriage service has the same meaning as in the Telecommunications Act 1997. member means a member of the ACMA, and does not include an associate member. PDF Workplace privacy best practice guide - Fair Work For more information about any editorial changes made in this compilation, see the endnotes. Employment Law in Australia | Fair Work Act | Employsure (b) determine rules under which an associate member would be allowed to vote on a question that does not relate to a matter connected with an inquiry, investigation, hearing or other matter specified in the instrument of appointment of the associate member. 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. The effect of uncommenced amendments is not shown in the text of the compiled law. 62 ACMAs expenses include related Commonwealth expenses. To run an effective consultation workshop: The purpose of consultation is to genuinely listen to your employees and consider their input. (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). Sch1 (items14, 69): 29Sept 2007 (s2(1) item2), Sch 1 (item1): 20 Mar 2015 (s 2(1) item2), Sch 1 (items46, 138163): 1July 2015 (s 2(1) item3), Broadcasting Legislation Amendment (Foreign Media Ownership, Community Radio and Other Measures) Act 2018 - C2018A00095. (2) A member or associate member is to be paid the allowances that are prescribed in the regulations. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Note: For rules that apply to acting appointments, see section33A of the Acts Interpretation Act 1901. Legislation and regulations | Fair Work Commission - FWC Communications Legislation Amendment (Deregulation and Other Measures (d) information that was given in confidence to the ACMA by a government authority of a foreign country. (ii) relating to a kind of listed carriage service specified in the instruction under this paragraph and covered by the instruction under paragraph(a); (c) to provide services, or facilities, on behalf of the Commonwealth under a contract made by the Commonwealth, where: (i) the services or facilities relate to radiocommunications or telecommunications; or, (ii) the provision of the services or facilities utilises the ACMAs spare capacity; or. If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. (a) at a meeting of the Division (see section47); or. (b) during any period, or during all periods, when the Chair: (i) is absent from duty or from Australia; or. 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. (2) The Forums function is to assist the ACMA to perform the ACMAs functions in relation to matters affecting consumers. (a) rules made for the purposes of section29 of the Public Governance, Performance and Accountability Act 2013 prevent a member from participating in the deliberations, or decisions, of the ACMA with respect to a particular matter; and. When does an inquiry, investigation or hearing end? 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). (b) the Chair is the Head of that Statutory Agency. (ii) in the ACMAs opinion, the instrument does not contain confidential information; (c) in relation to each instrument the ACMA gave as mentioned in subparagraph(b)(i) and that, in the ACMAs opinion, contains confidential information: (i) if, in the ACMAs opinion, part of the instrument can be reproduced in the annual report without disclosing confidential informationa copy of that part; and, (ii) if subparagraph(i) does not applya statement specifying the instrument and the carrier or carriage service provider to which, and the day on which, it was given; and, (iii) a statement that, because of confidential information contained in the instrument, or in a part of it, as the case requires, the instrument or part is not reproduced in the annual report; and, (iv) a note summarising so much of the instrument as is not so reproduced, but without disclosing any information that, in the ACMAs opinion, is confidential; and, (i) the number and types of complaints made under Part26 of the Telecommunications Act 1997 during the period; and, (ii) the investigations conducted under Part26 of that Act during the period as a result of complaints made under Part26 of that Act; and, (iii) the results of those investigations; and, (e) a report on the operation of Part6 of the Telecommunications Act 1997 during the period; and. Total periods of appointment must not exceed 10 years. Check your award or agreement for consultation provisions. Communications Legislation Amendment (Deregulation and Other Measures) Act 2019 No. This best practice guide is for managers and employers. 95, 2018, Registered: 7 September 2018. We pay our respects to the people, the cultures and the elders past, present and emerging. (b) the inquiry, investigation or hearing ends before the end of the period described in subsection(1); the associate member holds office until the end of the inquiry, investigation or hearing. premises. The Fair Work Act requires an employer to notify or consult with a union if: The employees dont need to be covered by an award or enterprise agreement. The key points to communicate to your staff are: electronic communications and social media aren't private Any other statement in column 2 has effect according to its terms. See section23 of the Public Governance, Performance and Accountability Act 2013. The Fair Work Act sets out other situations where an employer must engage with its employees or their representatives. (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. 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. Default language is, Register to save these settings for next time, Allowances, penalty rates & other payments, Pay during inclement or severe weather & natural disasters, Bullying, sexual harassment & discrimination at work, Stay up to date with workplace law changes, Aboriginal and Torres Strait Islander peoples, An employee's guide to resolving workplace issues, Difficult conversations in the workplace - employee course, Consultation and cooperation in the workplace guide, Difficult conversations in the workplace - manager course, An employer's guide to resolving workplace issues, providing information about leave balances, communicating the process, expectations and any restrictions about requesting leave. (a) radiocommunications (within the meaning of the, (i) radiocommunications transmitters (within the meaning of the. As set out in the Fair Work Act and other workplace legislation, the key elements of our workplace relations framework are: Australia's workplace relations laws are enacted by the Commonwealth Parliament. Federal Register of Legislation - Australian Government Consultation is important during major workplace change. The Department of Employment and Workplace Relations acknowledges the traditional owners and custodians of country throughout Australia and acknowledge their continuing connection to land, water and community. (1) Without limiting the powers of the ACMA to make determinations under subsection64(1), a determination under that subsection may define an expression used in a specified instrument by applying, adopting or incorporating (with or without modifications) matter contained in any other instrument or writing whatever: (a) as in force or existing at a particular time; or. Principal object 4. sch 2 (items 17-87 . (b) the member or associate member fails, without reasonable excuse, to comply with section29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section. Fair Work Legislation Amendment Regulations 2022: Fair Work Regulations 2009. Some meetings were 1-on-1 and some were in teams. For more information on any modifications, see the series page on the Legislation Register for the compiled law. It sets out employers' obligations in relation to employee records (Section 535). Employees have a diverse range of backgrounds and life experience. (1) The ACMA may make a written determination defining 1 or more expressions used in specified instruments, being instruments that are made by the ACMA under 1 or more specified laws of the Commonwealth. 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. (4) Nothing in this section, so far as it applies to a protected name or in relation to a protected symbol, affects the use, or rights conferred by law relating to the use, of the name or symbol by a person in a particular manner if, immediately before 11May 2004, the person: (a) was using the name or the symbol in good faith in that manner; or. If you have a question about your work or a workplace issue, we encourage you to speak to your employer about it first. Printed from fairwork.gov.au An ACMA official may disclose authorised disclosure information that relates to the affairs of a person if: (a) the person has consented to the disclosure; and.
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