(2) Meetings are to be held at such times and places as the ACMA decides. they decide to dismiss 15 or more employees for economic, technological, structural or similar reasons; and. (5) The ACMA may give the Forum written directions as to: (a) the way in which the Forum is to carry out its function; and. (a) radiocommunications (within the meaning of the, (i) radiocommunications transmitters (within the meaning of the. Workplace problems Problems happen in every workplace from time to time. 07/Jan/2023: F2023C00022: 38: 01/Jan/2023: . 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. The ACMA must consult the Australian Competition and Consumer Commission before carrying out an act: (a) for the purpose of performing its functions under paragraph11(1)(a) or (b); and. These require employers to consult with employees and their representatives if: An employer who intends to change regular rosters or ordinary hours of work at a workplace must consult with employees affected by the change first. If you have a question about your work or a workplace issue, we encourage you to speak to your employer about it first. This means that if the award says that the employer needs the employees consent to make any changes to their roster or ordinary hours, this applies. The day on which this Act receives the Royal Assent. Department of Customer Service Code of Ethics and Conduct 40 Participation etc. Federal Circuit and Family Court of Australia Legislation (Consequential Amendments and Other Measures) Regulations 2021: Fair Work Regulations 2009. 66 Person not to use protected name or protected symbol. (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. Most changes begin on the first full pay period starting on or after 1 July. Determinations may define expressions by reference to other instruments. by associate members at meetings, (2) Subsection(1) has effect subject to rules made for the purposes of section29 of the, (3) Paragraph(1)(a) does not apply to a member who is prevented by rules made for the purposes of section29 of the, (a) a member in the Division may call a meeting by giving notice of the meeting to the other members, (i) rules made for the purposes of section29 of the, (a) determine rules that purport to exclude the operation of, or that are inconsistent with, rules made for the purposes of section29 of the, Division can make decisions without meetings, Limit on powers delegable to persons other than Divisions, (2) Sections51 and 52 do not apply to a power to do any of the following under the, (1) The staff of the ACMA are to be persons engaged under the, Arrangements with authorities of the Commonwealth, (a) a Commonwealth entity within the meaning of the, (b) a Commonwealth company within the meaning of the, (1) A corporate plan prepared by the Chair under section35 of the, The annual report prepared by the Chair and given to the Minister under section46 of the, (i) the ACMA gave an instrument to a carrier or to a carriage service provider under section581 of the, (i) the number and types of complaints made under Part26 of the, (e) a report on the operation of Part6 of the, (f) a report setting out statistical information relating to information or documents disclosed under Division3 of Part13 of the, (ii) is covered by a report given to the ACMA under section308 of the, Advisory committees and the Consumer Consultative Forum, (5) An appointment to an advisory committee is not a public office within the meaning of the, (1) The Consumer Consultative Forum established under the, (6) An appointment to the Forum is not a public office within the meaning of the, Disclosure to public servants for advising their Ministers, (1) An ACMA official may disclose authorised disclosure information to a Royal Commission (within the meaning of the, (f) the Secretary of the Department administered by the Minister administering the, (g) the Secretary of the Department administered by the Minister administering the, (ga) the Secretary of the Department administered by the Minister administering the, (h) the Secretary of the Department administered by the Minister administering the, (na) the Secretary of the Department administered by the Minister administering Part2 of the, Disclosure of publicly available information, This Part does not limit disclosure by ACMA official, This Part does not authorise a disclosure of information that is prohibited by Part13 of the, Note: Subsection299(1) (in Part13) of the, Delegation of Chairs powers under this Part, ACMAs expenses include related Commonwealth expenses. It explains the advantages of taking a best practice approach to consultation and cooperation in your business. Except as otherwise provided by or under this or any other Act, the ACMA is not subject to direction by or on behalf of the Commonwealth. 62 ACMAs expenses include related Commonwealth expenses. Employment Law in Australia | Fair Work Act | Employsure 67 ACMA to maintain Register of policy notifications and Ministerial directions. (b) about which reasonable efforts were made to inform the associate member (see paragraph37(b)). Most businesses use more than one method. Best practice employers examine and talk about these challenges with their staff. (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. The GovernorGeneral may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or. (1) A decision is taken to have been made at a meeting of the ACMA if: (a) without meeting, a majority of the members indicate agreement with the proposed decision in accordance with the method determined by the ACMA under subsection(2); and. (2) Proceedings brought against the Commonwealth in relation to the functions or powers of the ACMA may be brought against the Commonwealth in the name of the ACMA. (1) A person commits an offence if the person: (a) uses in relation to a business, trade, profession or occupation; or, (b) uses as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship or craft (including aircraft); or, (c) applies, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let on hire; or. (b) for the services of the ACMA staff to be made available for the purposes of the authority. In 2020 many employees' work arrangements changed because of the impacts of coronavirus. Be flexible and refine your strategy over time to make sure it remains effective and practical. Use our Find My Award toolat www.fairwork.gov.au/findmyaward or visit the Fair Work Commissions Agreements page at www.fwc.gov.au/agreements to find the award or agreement that applies to your workplace. If you would like to tell us more about the information youve found today you can complete our feedback form. (ii) relating to a kind of listed carriage service specified in the instruction; (b) if an instruction under paragraph(a) and a written instruction issued by the Minister to do so are in forceto provide for the management of electronic addressing: (i) of a kind specified in the instruction under this paragraph and covered by the instruction under paragraph(a); and. 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. (ii) an associate member who participated, or could have participated, in the making of the Divisions decision to make the delegation; (5) A document purporting to be a certificate mentioned in subsection(4) is taken to be such a certificate and to have been duly given unless the contrary is established. The rules that the Division determines displace the rules that would otherwise apply under subsection(1), to the extent of any inconsistency. Other times theyre large, such as a significant fall in sales. (3) This section has effect subject to the Remuneration Tribunal Act 1973. (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. (2) Subsection(1) applies only if the Division: (b) has determined the method by which the members in the Division are to indicate agreement with proposed decisions. You should make sure that your employees are comfortable asking you questions and raising issues or concerns with you or a manager. The TIA Act protects the privacy of Australians by prohibiting interception of communications and access to stored communications. Consultation is important during major workplace change. 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. (2) Subject to subsection(3), a Division may determine its own rules relating to meetings, including (for example) rules about the following: (d) how decisions are made at meetings, including quorum requirements and voting entitlements and procedures. (1) At a meeting of the ACMA, a quorum is constituted by a majority of the members. give prompt consideration to any matters raised by the employees and their representatives. If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. 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. The ACMAs spectrum management functions are as follows: (a) to manage the radiofrequency spectrum in accordance with the Radiocommunications Act 1992; (b) to advise and assist the radiocommunications community; (c) to report to and advise the Minister in relation to the radiocommunications community; (d) to manage Australias input into the setting of international standards for radiocommunications (except so far as Standards Australia is responsible for managing that input); (e) to make available to the public information about matters relating to the radiocommunications community; (f) to conduct public educational programs about matters relating to the radiocommunications community; (g) to give advice to the public about matters relating to the radiocommunications community; (h) such other functions as are conferred on the ACMA by or under: (i) the Radiocommunications Act 1992 (other than a provision of that Act covered by paragraph10(1)(p)); or, (ii) the Radiocommunications (Receiver Licence Tax) Act 1983; or, (iii) the Radiocommunications (Spectrum Licence Tax) Act 1997; or, (iv) the Radiocommunications Taxes Collection Act 1983; or, (v) the Radiocommunications (Transmitter Licence Tax) Act 1983; or. The managers invited employees to take part in talking circles where they could talk about the impact of the proposed changes on their jobs, make suggestions and evaluate options. (b) the contents, immediately before the commencement of section6 of this Act, of the register maintained under section56 of the Australian Communications Authority Act 1997. 59F Disclosure of publicly available information. We pay our respect to them and their cultures, and Elders, past, present and future. (b) ensure such a determination is in force at all times while the Division continues to exist. This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. (1) For the purposes of a reference in an Act other than this Act to a member of the ACMA, an associate member is taken to be a member for all purposes in connection with any inquiry, investigation, hearing or other matter specified in his or her instrument of appointment. Communication in the workplace - Fair Work Ombudsman 2. 59H Disclosure authorised by regulations, (a) authorise an ACMA official to disclose authorised disclosure information in specified circumstances; and. (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. (ii) the promotion, by any means, of the supply or use of goods or services; (e) a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it; or. (a) stating any matter with respect to a delegation under subsection(1); and. The Fair Work Act 2009(the Act) is one of the primary pieces of legislation that govern the employment relationship in most of Australia's private workplaces. broadcasting, content and datacasting functions, in relation to the ACMA, has the meaning given by section10. carriage service provider has the same meaning as in the Telecommunications Act 1997. carrier has the same meaning as in the Telecommunications Act 1997. 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. 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. (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. Under section 184 of the Criminal Code, it is only illegal (i.e. This Act may be cited as the Australian Communications and Media Authority Act 2005. (1) The Chair must not engage in paid employment outside the duties of the Chairs office without the Ministers approval. (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. Note: For rules that apply to persons acting as the Chair, see section33A of the Acts Interpretation Act 1901. It is best to raise any issues or concerns as early as possible. (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. (ii) is, for any reason, unable to perform the duties of the office. (5) An appointment to an advisory committee is not a public office within the meaning of the Remuneration Tribunal Act 1973. (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. National Employment Standards | The Fair Work Act | Employsure Guides means an official symbol of the ACMA, the design of which is prescribed in the regulations. They also asked each team to consider sales and financial data and suggest ways they could respond to lower sales. 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. Ethics, Integrity and Professional Standards Policy Manual | Australian 4 When does an inquiry, investigation or hearing end? WORKPLACE RELATIONS ACT 1996 TABLE OF PROVISIONSPART 1--PRELIMINARY1. However, an employer who conducts surveillance or monitors their staff must follow any relevant Australian, state or territory laws. (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). (1) The ACMA may establish 1 or more Divisions. Please note that comments aren't monitored for personal information or workplace complaints. (2) A person can be appointed as a member more than once. Here is a list of some of the most important workplace relations legislation that governs industrial relations and employment relationships in Australia: Fair Work Act 2009 National Employment Standards (NES) Work Health and Safety Standards (WHS) State and Federal anti-discrimination laws Privacy Act 1988 Get Workplace Advice Now 1) 2015, Sch 2 (items79) and Sch 7: 14 Apr 2015 (s 2), Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015, Sch 1 (item486): 5 Mar 2016 (s2(1) item2), Sch 1 (item495): 5 Mar 2016 (s2(1) item2), Omnibus Repeal Day (Autumn 2014) Act 2014, Sch 2 (items5, 24): 17Oct 2014 (s 2(1) item2), Broadcasting and Other Legislation Amendment (Deregulation) Act 2015, Sch 1 (item1): 20 Mar 2015 (s 2(1) item2) Sch 2 (item1): 19 Mar 2015 (s 2(1) item3), Enhancing Online Safety for Children (Consequential Amendments) Act 2015, Sch 2 (items18) and Sch 3: 1July 2015 (s 2(1) items4, 6), Telecommunications Legislation Amendment (Deregulation) Act 2015, Sch 1 (items46, 138163): 1July 2015 (s 2(1) item3) Sch 2 (items1, 2): 14 Apr 2015 (s2(1) item4), Sch 1 (item44): 5 Mar 2016 (s 2(1) item2), Enhancing Online Safety for Children Amendment Act 2017, Sch 1 (items28, 29, 4851): 23June 2017 (s2(1) item1), Interactive Gambling Amendment Act 2017, Sch 1 (items15, 147149): 13 Sept 2017 (s 2(1) item2), Sch 1 (items3, 4): 20Sept 2017 (s 2(1) item2), Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017, Sch 5 (items1113, 2225) and Sch 6 (items1, 2, 3842): 17 Oct 2017 (s 2(1) items12, 13, 15), Sch 5 (items2225) and Sch 6 (items3842), Intelligence Services Amendment (Establishment of the Australian Signals Directorate) Act 2018, Sch 1 (items44, 100108): 1July 2018 (s 2(1) item2), Communications Legislation Amendment (Online Content Services and Other Measures) Act 2018, Sch 1 (items1, 2): 12Apr 2018 (s 2(1) item1), Broadcasting Legislation Amendment (Foreign Media Ownership, Community Radio and Other Measures) Act 2018, Sch 1 (item1): 1 Sept 2018 (s 2(1) item1). Know your rights and obligations - Fair Work Ombudsman We have a number of resources to help you prepare for conversations with your employer, including: Find more information on our Know your rights and obligationspage. 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. Workplace Relations Regulations 2006 - Legislation 4 When does an inquiry, investigation or hearing end? Victoria is the only jurisdiction who has not implemented the model WHS laws. , in relation to the ACMA, has the meaning given by section9. means the carriage of communications (as defined in the in the. Division3Terms and conditions for members and associate members. We pay our respect to them and their cultures, and Elders, past, present and future. (1) This section defines when an inquiry, investigation or hearing, (2) An investigation under Part26 of the, (3) An investigation under any of the following provisions of the, (4) If the ACMA decides to prepare a report under section178 of the, ACMAs establishment, functions, powers and liabilities, (2) For the purposes of the finance law (within the meaning of the, (a) to regulate telecommunications in accordance with the, (f) to monitor, and report to the Minister on, all significant matters relating to the licensing of carriers under the, (2) An expression used in this section that is also used in the, (a) to manage the radiofrequency spectrum in accordance with the, ACMAs broadcasting, content and datacasting functions, to regulate broadcasting services and datacasting services in accordance with the, (c) to allocate, renew, suspend and cancel licences and to take other enforcement action under the, (e) to conduct investigations as directed by the Minister under section171 of the, (p) such other functions as are conferred on the ACMA by or under the following provisions of the, Note: The Chair may enter into contracts and other arrangements on behalf of the Commonwealth. Afterwards, decisions were reached, and changes were made. Find more information in our Consultation and cooperation in the workplace guide. Some problems are easy to fix with just a simple conversation. visitors. It uses examples and tools you can apply to your own workplace. (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. (2) The GovernorGeneral must terminate the appointment of all of the members and associate members if the Minister is of the opinion that the ACMAs performance has been unsatisfactory for a significant period of time. Under occupational health and safety legislation, employers and employees are required to comply with any measures that promote health and safety in the workplace. (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. Read the consultation and dispute resolution clauses set out in your award or registered agreement. 59K Relationship with Part13 of the Telecommunications Act 1997. (1) The ACMA is to hold such meetings as are necessary for the efficient performance of its functions. You can use our templatesto set out clear expectations of your employees' role and workplace behaviour. It can result in the FWC increasing the NMW and minimum pay rates under awards. Decisions relating to the Commonwealth etc. It is the foundation of all minimum standards and regulations for employment that fall within the national workplace system. when an employee requests to extend their parental leave after the initial 12 months. Superseded. customer cabling has the same meaning as in the Telecommunications Act 1997. customer equipment has the same meaning as in the Telecommunications Act 1997. A security organisation experienced a critical incident at the workplace. Some of these temporary provisions contain specific consultation requirements that must be followed. The effect of uncommenced amendments is not shown in the text of the compiled law. (2) Paragraph(1)(c) does not authorise the ACMA to perform a function if the performance of the function would impede the ACMAs capacity to perform its other functions. The key points to communicate to your staff are: electronic communications and social media aren't private 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. Ask them to think of ways in which the weaknesses or threats can be reduced, strengths built on and opportunities maximised. Making sure staff are aware of their classifications within their award or agreement can also help staff understand your expectations. (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. This includes laws applying to the monitoring and recording of telephone conversations. If a misdescribed amendment cannot be given effect as intended, the abbreviation (md not incorp) is added to the details of the amendment included in the amendment history. (1) The ACMA may make an arrangement with an authority of the Commonwealth: (a) for the services of officers or employees of the authority to be made available for the purposes of the ACMA; or. Definitions 5. means the Australian Communications and Media Authority. Workplace Communication in Canada - MNLCT 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. Finally, ask the group to break into smaller groups to talk about the priority issues further. Legislation - Fair Work Ombudsman Australian Government Federal Register of . key messages should be clear, consistent and given with context, the communication should invite responses. (2) An ACMA official may disclose to a Minister authorised disclosure information that relates to a matter arising under a provision of an Act that is administered by that Minister. 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, Consultation & cooperation in the workplace, Use of individual flexibility arrangements, An employer's guide to employing young workers, Aboriginal and Torres Strait Islander peoples, Consultation and cooperation in the workplace, Using best practice to support consultation and cooperation in the workplace, Find out more about workplace entitlements and obligations during coronavirus, Difficult conversations in the workplace online course, better decision making when employees have input, easier change implementation, as employees have been involved in the planning process, better business performance during change, as less time is spent on responding to misunderstandings, rumours or disputes. 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). The practical application of the Fair Work Act in workplaces is overseen by the Fair Work Commission and the Fair Work Ombudsman. The Corporations Act regulates matters including how to register a company and how businesses should behave during insolvency. (d) a person whose services are made available to the ACMA under subsection55(1). 17 ACMA to consult ACCC in relation to management of electronic addressing. How sophisticated the communication strategy should be depends on the size of your business and the type of changes involved. Relationship with Part13 of the. (b) keep a record of decisions made in accordance with section48. Application, saving and transitional provisions for provisions and amendments. (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). (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. (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.
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