Have you communicated the decision and reasons for it with employees and representatives? 18 Act may exclude State and Territory laws in other cases Part 2Australian Fair Pay Commission Part 3Australian Industrial Relations Commission Part 4Australian Industrial Registry Part 5The Employment Advocate Below are initiatives and suggestions that can help you move your business towards best practice. (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. (2) The person presiding at a meeting has a deliberative vote and, if necessary, also a casting vote. (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. The Fair Work Act sets out other situations where an employer must engage with its employees or their representatives. 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. 63 Chair not subject to direction by ACMA on certain matters, 65 Determinations may define expressions by reference to other instruments, 66 Person not to use protected name or protected symbol, 67 ACMA to maintain Register of policy notifications and Ministerial directions. (2) The Chair may, by writing, impose conditions to be complied with in relation to authorised disclosure information disclosed under subsection(1). Set aside enough time to get the most out of the discussion, Hold the workshop somewhere where your employees wont be distracted by work, Make sure the senior people in your business attend, Begin by outlining the proposed changes and encourage questions to make sure everyone understands the facts, Have the group brainstorm ideas and record all the points (SWOT analysis can be a useful approach), Prioritise - ask the group to each identify their top 3 points. exp = expires/expired or ceases/ceased to have, (md) = misdescribed amendment can be given, Application, saving and transitional provisions, Australian Communications and Media Authority Act 2005, s368: 1July 2005 (s2(1) item2) Remainder: 1 Apr 2005 (s 2(1) item1), Do Not Call Register (Consequential Amendments) Act 2006, Sch1 (item42): 31May 2007 (s2(1) item3), Broadcasting Services Amendment (Collection of Datacasting Transmitter Licence Fees) Act 2006, Communications Legislation Amendment (Content Services) Act 2007, Sch1 (items17): 20Jan 2008 (s2(1) item2), Telecommunications (Interception and Access) Amendment Act 2007, Sch1 (items13, 68): 1Nov 2007 (s2(1) item2), Communications Legislation Amendment (Information Sharing and Datacasting) Act 2007, Sch1 (items14, 69): 29Sept 2007 (s2(1) item2) Sch1 (item5): 20Jan 2008 (s2(1) item3), Sch5 (item137(a)): 1Mar 2010 (s 2(1) item38), Trade Practices Amendment (Australian Consumer Law) Act (No. (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. It is best to raise any issues or concerns as early as possible. customer cabling has the same meaning as in the Telecommunications Act 1997. customer equipment has the same meaning as in the Telecommunications Act 1997. 2. (3) The appointer may terminate the appointment of a member or associate member for misbehaviour or physical or mental incapacity. Thank you for your feedback. Determinations may define expressions by reference to other instruments. For 10 year rule, count associate membership and ABA and ACA membership and associate membership. Each jurisdiction has a WHS regulator that: enforces WHS laws inspects workplaces gives advice. (b) procedures to be followed in relation to meetings. means an inquiry held, or proposed to be held, by the ACMA under: means an investigation conducted, or proposed to be conducted, by the ACMA under: means a member of the ACMA, and does not include an associate member. Consultation is most effective when its carefully considered and planned. (d) the purposes of the ACMA include the functions of the ACMA referred to in Division2 of Part2. 67 ACMA to maintain Register of policy notifications and Ministerial directions. prohibited interactive gambling service has the same meaning as in the Interactive Gambling Act 2001. (c) is, for any reason, unable to perform the duties of the office. They can also give written notice requiring you to produce, or provide access to, records or Afterwards, decisions were reached, and changes were made. (f) a report setting out statistical information relating to information or documents disclosed under Division3 of Part13 of the Telecommunications Act 1997, where the disclosure: (ii) is covered by a report given to the ACMA under section308 of the Telecommunications Act 1997. We pay our respect to them and their cultures, and Elders, past, present and future. 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). (2) An investigation under Part26 of the Telecommunications Act 1997, or an inquiry or hearing, ends at the end of the day on which the ACMA completes the preparation of a report about the investigation, inquiry or hearing under whichever of the following provisions is applicable: (a) section495 or 516 of the Telecommunications Act 1997; (b) section261D of the Radiocommunications Act 1992; (c) section199 of the Broadcasting Services Act 1992. (b) persons who sell, hire, manufacture or import: (i) radiocommunications transmitters (within the meaning of the Radiocommunications Act 1992); or. Information in this column may be added to or edited in any published version of this Act. (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. (1) The Australian Communications and Media Authority is established by this section. They also require the employer to: While an employer must consider the matters raised by the employees, they dont have to obtain the consent of employees or their representatives to make the proposed changes. customers. Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021. 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. 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. (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 information contained in this fact sheet is general in nature. (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. (b) all the members in the Division were informed of the proposed decision, or reasonable efforts were made to inform all those members of the proposed decision. They understand the change and its potential impact on the workforce, There is a clear process for consultation and employees know who will make the final decision and how. (1) A disclosure by a member or associate member under section29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister. 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. 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 The changes must not change the effect of the law. This includes laws applying to the monitoring and recording of telephone conversations. Employers who take a consultative and cooperative approach still have the right to make the final decision on how to manage their business. (1) An associate member holds office for the period specified in his or her instrument of appointment. (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. 3.4.10 The Fair Work Act 2009 provides that a worker may apply to the Fair Work Commission for an order to stop bullying at work from continuing. When does an inquiry, investigation or hearing end? (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. An internal communication strategy outlines exactly how your business will deliver key messages to your staff. Leadership in official languages calls on all managers in institutions: to respect the language-of-work rights of employees; to create and maintain a workplace that is conducive to the use of English and French in bilingual regions . 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. Our online courses can help you be more confident having difficult conversations in the workplace. For more information about any editorial changes made in this compilation, see the endnotes. Such an assignment must be in writing. (a) a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or, (b) a Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013; or. (ii) an associate member who participated, or could have participated, in the making of the Divisions decision to perform the delegated function or exercise the delegated power; (3) A document purporting to be a certificate mentioned in subsection(2) is taken to be such a certificate and to have been duly given unless the contrary is established. An outside facilitator helped with the process. 15 ACMA not otherwise subject to direction. (2) This section does not apply to decisions relating to bringing proceedings against the Commonwealth or such an authority. Some meetings were 1-on-1 and some were in teams. (6) Subject to the Chairs right of election under subsection(3), the ACMA may remove a member or associate member from a Division. Legislation We administer acts and regulations relating to work health and safety (WHS), explosives and the transportation of dangerous goods. The TIA Act protects the privacy of Australians by prohibiting interception of communications and access to stored communications. Federal Register of Legislation - Australian Government. 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. (2) An advisory committee consists of such persons as the ACMA from time to time appoints to the committee. If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. 07/Jan/2023: F2023C00022: 38: 01/Jan/2023: . Legislation history and amendment historyEndnotes 3 and 4. (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. (a) radiocommunications (within the meaning of the Radiocommunications Act 1992); or. This is known as the Annual Wage Review. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. (b) Part5.2 of the Radiocommunications Act 1992. investigation means an investigation conducted, or proposed to be conducted, by the ACMA under: (a) Part26 of the Telecommunications Act 1997; or, (b) Part11 or 13 of the Broadcasting Services Act 1992; or. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. Best practice employers examine and talk about these challenges with their staff. 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. (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. Find wages and penalty rates for employees. (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. A system of enterprise-level collective bargaining underpinned by bargaining obligations and rules governing industrial action. (1) The ACMA may establish 1 or more Divisions. Decisions relating to the Commonwealth etc. The annual report prepared by the Chair and given to the Minister under section46 of the Public Governance, Performance and Accountability Act 2013 for a period must include: (a) a copy of each direction given to the ACMA under section14 during the period; and. (b) about which reasonable efforts were made to inform the associate member (see paragraph37(b)). Principal object 4. However, an employer who conducts surveillance or monitors their staff must follow any relevant Australian, state or territory laws. (2) The Minister may appoint a person to act as a member (other than as Chair or Deputy Chair): (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or. The Official Languages Act provides that English and French are the languages of work in federal institutions. (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. Workplace Relations Regulations 2006 Select Legislative Instrument No. they intend to make significant changes at the workplace. (1) Sections51 and 52 do not apply to a power to make, vary or revoke an instrument that is a legislative instrument. (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. Role model the standard of communication you want and, if needed, work on your own communication skills, Recognise employees who communicate effectively and constructively, Take the time to explain your expectations about communication to new employees before they start. regulated interactive gambling service has the same meaning as in the Interactive Gambling Act 2001. spectrum management functions, in relation to the ACMA, has the meaning given by section9. telecommunications means the carriage of communications (as defined in the in the Telecommunications Act 1997) by means of guided and/or unguided electromagnetic energy. The ACMA may, subject to this Division, regulate proceedings at its meetings as it considers appropriate. (2) Subsection(1) applies only if the ACMA: (b) has determined the method by which members are to indicate agreement with proposed decisions. (b) the member or associate member engages, without the approval required by section31, in paid employment outside the duties of his or her office. Division4Requirements relating to these functions and powers. 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. The ACMA must keep minutes of its meetings. (1) The Chair may, by writing, delegate to a member any or all of the Chairs functions and powers under: (b) regulations made for the purposes of section59H. This Act may be cited as the Australian Communications and Media Authority Act 2005. Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 - C2020A00047. The business believes it was worth it because the restructuring went smoothly and the employees who stayed with the business remained engaged and committed to it. (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. Note: A defendant bears an evidential burden in relation to the matter in subsection(2) (see subsection13.3(3) of the Criminal Code). , in relation to the ACMA, has the meaning given by section10. means a Division as described in section46. , in relation to a hearing, inquiry or investigation, has the meaning given by section4. means a hearing held, or proposed to be held, by the ACMA under Part13 of the. 25 Period of appointment for associate members, Period specified in instrument of appointment. Note: Subsection299(1) (in Part13) of the Telecommunications Act 1997 prohibits an ACMA official who has received information as described in that subsection from disclosing the information, except in certain circumstances. (2) Subsection(1) is subject to a contrary intention in the other Act. Employee 6. (5) This section does not apply to services or facilities provided under contract. In these cases, consider specific consultation arrangements such as focus groups or consultation workshops with staff. Every workplace can enjoy the benefits of taking a best practice approach to consultation and cooperation. (3) An instrument made under subsection(2) that imposes conditions relating to one particular disclosure identified in the instrument is not a legislative instrument. (1) An ACMA official may disclose authorised disclosure information to the Minister. 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). The ACMA consists of the following members: (c) at least 1, and not more than 7, other members. The key points to communicate to your staff are: electronic communications and social media aren't private (4) For the purposes of a particular proposed decision, this section applies to an associate member as if the associate member were a member, if that proposed decision relates to a matter connected with an inquiry, investigation, hearing or other matter specified in the associate members instrument of appointment. It includes information on: the duties for employers in CALD workplaces 2022-10-26 Superseded. It sets out employers' obligations in relation to employee records (Section 535). 61 Charges are payable to the Commonwealth. 16 Act excludes some State and Territory laws 17 Awards, agreements and Commission orders prevail over State and Territory law etc. 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. (3) A direction under subsection(1) must be published in the Gazette. The rules that the Division determines displace the rules that would otherwise apply under subsection(1), to the extent of any inconsistency. Note: For rules that apply to acting appointments, see section33A of the Acts Interpretation Act 1901. Total appointments must not exceed 10 years. Employers need to know their rights and obligations in their workplace. (2) The other fulltime members and the fulltime associate members must not engage in paid employment outside the duties of their offices without the Chairs approval. 12.1 Mandatory Procedures for Determining Whether an APS Employee Has Breached the APS Code of Conduct and For Determining Any Sanction to be Imposed for a Breach of the APS Code of Conduct 12.2 General guidance to APS employees on the Formal Misconduct process 12.3 General guidance on managing Alleged Misconduct by Locally Engaged Staff (les) (1) The Minister may give written directions to the ACMA in relation to the performance of its functions and the exercise of its powers. Managing WHS may initially cost money and time to implement safe practices and install safety equipment. 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. Employers are also required to notify Centrelink before dismissing 15 or more employees. Transport, Regional Development and Communications: Incorporated Amendments. Note 1: Paragraph 11(1)(a) is about the ACMA preparing to provide for the management of electronic addressing, and paragraph11(1)(b) is about the ACMA providing for the management of electronic addressing. The effect of uncommenced amendments is not shown in the text of the compiled law. Thank you for your feedback. (1) A corporate plan prepared by the Chair under section35 of the Public Governance, Performance and Accountability Act 2013 must include details of such other matters (if any) as the Minister requires. (b) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision. The period must not exceed 5 years. 10 ACMAs broadcasting, content and datacasting functions. Note: Section33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc. Amending laws are annotated in the legislation history and amendment history. How will management and employees work together to identify and solve issues? This might be: These points will be key messages in your consultation. (1) An associate member is entitled to attend, and participate in discussions at, a meeting of the ACMA while the meeting is considering a matter connected with an inquiry, investigation, hearing or other matter specified in the associate members instrument of appointment. This checklist will help you work at best practice: State & Territory work health and safety bodies. (5) The appointer may terminate the appointment of a fulltime member or fulltime associate member if: (a) the member or associate member is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 consecutive months; or. An 'open door' policy - this means that owners or managers commit to being open and responsive to any work-related matters their employees want to bring to them Meetings - this could include team meetings, toolbox talks or 'town hall' meetings for the whole workforce. Best practice employers have clear workplace policies to help employees understand the expectations that apply to social media, email, internet use and the use of surveillance or other data collection technologies in their workplace. (4) The Chair may grant leave of absence to any parttime member, or parttime associate member, on the terms and conditions that the Chair determines. Australia's national workplace relations system, Australian Government Apprenticeship Program, Employment Research, Evaluations and Data, Small business & the Fair Work Act - Fair Work Ombudsman. (2) If the Minister is authorised to make an instrument under a law specified in a determination under subsection(1), the instrument may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, the provisions of a determination under subsection(1) as in force from time to time. The information contained in this fact sheet is general in nature. Victoria is the only jurisdiction who has not implemented the model WHS laws. Log in now to save this page to your account. The Corporations Act 2001 is the main legislation regulating companies in Australia. (b) during any period, or during all periods, when the Chair: (i) is absent from duty or from Australia; or. These consultation requirements fall under state or territory work health and safety laws. A safety net of minimum terms and conditions of employment. sch 2 (items 17-87 . 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. 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). You should make sure that your employees are comfortable asking you questions and raising issues or concerns with you or a manager. Workplace privacy - Best Practice Guide www.fairwork.gov.au | Fair Work Infoline: 13 13 94 | ABN: 43 884 188 232 5 . 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. 3.4.9 Safe Work Australia has published Dealing with Workplace BullyingA Workers Guide to help employees determine if workplace bullying is occurring and how the matter may be resolved. (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the member or associate member is taken not to have complied with section29 of that Act if he or she does not comply with subsection(1) of this section.

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