1. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia This is the prescribed textbook for your course. Available NOW at your campus bookstore!

2. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Workplace relations law Chapter 22

3. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-2 Sources of workplace relations law Provide rights and obligations not available to common law Codify and expand the common law Provide rights and obligations across the workforce Redress what is regarded as unequal bargaining power in contractual negotiations between an employer and an employee Federal (Workplace Relations Act 1996 (Cwlth)) and State legislation Objectives:

4. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-3 Regulation by industrial awards Includes: Statutory employment terms Industrial award terms Statutory Employment Agreement terms Objects of Awards: Legally binding order of Industrial Tribunal relating to industrial matters, including: - wages - conditions of employment.

5. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-4 Regulation by industrial awards Making of industrial awards: Compliance with - relevant legislation - administrative law principles of natural justice Utilises conciliation and arbitration Parties bound by industrial awards: Employers specifically named in award Members of named employer associations

6. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-5 Regulation by industrial awards Duration and cancellation of awards:  Specified duration when made  Cancellation by Industrial Tribunal Variation of awards: By Industrial Tribunal which made it Interpretation of awards: By Federal and State Courts

7. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-6 Regulation by industrial awards Minimum and paid rate awards: Minimum legal obligations of employers and employees stated Award simplification:  Statutory obligations on Australian Industrial Relations Commission to simplify industrial awards  Only twenty specified “allowable matters” to be included  (Additional provisions are not enforceable) Award test cases: Allows general rulings of principle to be laid down

8. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-7 Statutory Employment Agreements Contractual arrangements between employer and employee Statutory agreement-making objects Legal effect of Statutory Employment Agreements Types of Statutory Employment Agreements Negotiation of Statutory Employment Agreements The “no disadvantage” test State Statutory Employment Agreements

9. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-8 Types of Statutory Employment Agreements Collective agreements Individual agreements Multi-employee agreements

10. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-9 Statutory Employment Agreements Statutory agreement-making objects: Primary responsibility for determining industrial matters rests with employers and employees in the workplace –Certified Agreements (CAs) –Australian Workplace Agreements (AWAs)

11. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-10 Negotiations if Statutory Employment Agreement i.e. Enterprise Bargaining Agreements - protective action - bargaining agent Certified Agreements: Agreement between - employer and one or more unions - employer and employees Australian Workplace Agreements: Agreement between -employer and individual employee

12. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-11 The “no disadvantage” test Agreements must not, on balance, result in a reduction in an employee’s overall terms and conditions of employment, compared with the relevant award and statutory terms that would otherwise apply to his/her employment.

13. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-12 State Statutory Employment Agreements State Employment Agreements will prevail over Federal Awards.

14. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-13 Statutory workplace relations bodies Australian Industrial Relations Commission (AIRC) Office of the Employment Advocate (OEA) Industrial Register

15. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-14 Australian Industrial Relations Bodies Principal conciliation and arbitration body established by the Federal Workplace Relations System Functions: Hear and determine “industrial matters” arising out of interstate industrial disputes. Make industrial awards binding on employers and employees. Simplify industrial awards. Inquisitional functions.

16. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-15 Office of the Employment Advocate Functions: To provide advice and assistance to employees and employers about their rights and obligations To provide advice and assistance to employees and employers making AWAs To receive and approve AWAs where required To investigate complaints and breaches of AWAs To investigate breaches of freedom of association laws To provide legal representation to parties where appropriate, concerning AWAs and freedom of association To provide statistical information To perform any other appropriate functions prescribed by the Act

17. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-16 Office of the Employment Advocate Regard for: Needs of workers in disadvantaged positions Assisting workers in balancing work and family responsibilities Promoting better work and management practices throughout Australia

18. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-17 Industrial Register Appointed under Federal and State Workplace Relations Laws Functions: Receipt and filing of applications made to relevant industrial tribunal Provision of administrative support to members of the tribunal Registration and deregistration of associations of employers and employees Investigation of complaints about financial affairs of such associations.

19. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-18 Workplace relations organisations Registration of organisations Rights of registered organisations Rights of entry Duties of registered organisations Freedom of association

20. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-19 Freedom of association Covers: –Whether membership of trade unions is voluntary or compulsory –Whether there is a choice to make statutory workplace agreements –The legitimacy of bargaining fees paid to unions

21. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-20 Industrial action and enforcement Forms of industrial action Employee - Picket Lines - Work bans - Work-to-rule campaigns Employer - Lock-out

22. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-21 Industrial action and enforcement Lawfulness of industrial action: Contract Law Law of Torts - Industrial torts - Inducement to breach contractual obligations - Conspiracy to injure - Intimidation - Trespass Statute law: Industrial Awards Orders of industrial tribunals Statutory Employment Agreements Workplace Relations statutes

23. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-22 Industrial action and enforcement Protected action: Lawful industrial action is – allowed while negotiating statutory employment agreements – undertaken by parties to negotiations –preceded by written notice of intended protected action at least three working days prior to action being undertaken –preceded by genuine attempts for agreement –protected for specified period of time

24. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-23 Industrial action and enforcement Strike pay Payment of wages to employees engaged in industrial action is unlawful unless action caused by genuine health and safety issues.

25. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-24 Industrial action and enforcement Orders preventing industrial action AIRC can make orders enforceable by Federal Court of Australia

26. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-25 Industrial action and enforcement Remedies for unlawful industrial action: Damages Injunctions Specific performance

27. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-26 Industrial action and enforcement Secondary boycotts Industrial action taken involving action directed at innocent third party, with whom the target employer is dealing.

28. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-27 Industrial action and enforcement Conciliation and arbitration of disputes Undertaken by relevant industrial tribunal; legislation restricts powers of relevant tribunal.

29. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 22-28 Industrial action and enforcement Enforcement: Unlawful industrial action - Civil action - Prosecution Industrial offences under statute - Workplace Relations Inspectors - Statutory Office Holders Breaches of Awards or Agreements - Relevant Courts