Human Resource Practices in Australia
Human Resource Practices in Australia
Australia
Presented by:
Vishal Gothal 1611
Harshada Nakte 1632
Siddhesh Pawar 1643
Pooja Roy 1648
Indira Salian 1652
About Australia:
Australias official name is Commonwealth of Australia .Australia is an island
continent and the world's sixth largest country (7,682,300 sq. km).
Lying between the Indian and Pacific oceans, the country is approximately 4,000
km from east to west and 3,200 km from north to south, with a coastline 36,735
km long.
Canberra is Australia's capital city. With a population of approximately 380,000
people and situated in the Australian Capital Territory, Canberra is roughly half
way between the two largest cities Melbourne and Sydney.
Australia has 19 listed World Heritage properties. Australia is also famous for its
landmark buildings including the Sydney Harbour Bridge; its ancient geology, as
well as for its high country.
Australias official language is English, by common usage rather than law.
Australian English does not differ significantly from other forms of English,
although some colloquial and slang expressions are unique.
Although most of Australia is semi-arid or desert, it includes a diverse range of
habitats from alpine heaths to tropical rainforests, and is recognised as a mega
diverse country. Fungi typify that diversity; an estimated 250,000 speciesof
which only 5% have been describedoccur in Australia
Australia has six statesNew South Wales (NSW), Queensland (QLD), South
Australia (SA), Tasmania (TAS), Victoria (VIC) and Western Australia (WA)
and two major mainland territoriesthe Australian Capital Territory (ACT) and
the Northern Territory (NT). In most respects these two territories function as
states, except that the Commonwealth Parliament has the power to modify or
repeal any legislation passed by the territory parliaments.
Australia has six statesNew South Wales (NSW), Queensland (QLD), South
Australia (SA), Tasmania (TAS), Victoria (VIC) and Western Australia (WA)
and two major mainland territoriesthe Australian Capital Territory (ACT) and
the Northern Territory (NT). In most respects these two territories function as
states, except that the Commonwealth Parliament has the power to modify or
repeal any legislation passed by the territory parliaments.
Australia is the world's leading producer of rutile, zircon, bauxite, iron ore and
ilmenite, the second largest producer of alumina, gold, lithium, manganese ore,
lead and zinc, the third largest producer of uranium, and the fourth largest
of silver, nickel and black coal.
The flag of Australia is the only one to fly over a whole continent. The
small Union Jack represents the historical link with Britain, the large
seven-pointed star represents the six States and the Territories, and the
small stars form the Southern Cross a prominent feature of the
southern hemisphere night sky.
Australias coat of arms the official emblem of the Australian
Government was granted by King George V in 1912. The arms consist
of a shield containing the badges of the six States. The supporters are
native Australian fauna a kangaroo and an emu. A yellow-flowered
native plant, wattle, also appears in the design.
Economy of Australia:
The economy of Australia is one of the largest mixed market economies in the
world, with a GDP of AUD$1.62 trillion as of 2015. , it was the 12th largest
national economy by nominal GDP and the 17th-largest measured by PPP-
adjusted GDP, about 1.7% of the world economy. Australia is the 19th-largest
importer and 19th-largest exporter. The Reserve Bank of Australia publishes
quarterly forecasts of the economy .The growth of the economy of Australia is
phenomenal and this country is among the first five developed countries of the
world.
The Australian dollar (sign: $; code: AUD) is the currency of the Commonwealth
of Australia, including Christmas Island, Cocos (Keeling) Islands, and Norfolk
Island, as well as the independent Pacific Island
states of Kiribati, Nauru and Tuvalu. Within Australia, it is almost always
abbreviated with the dollar sign ($), with A$ or AU$ sometimes used to distinguish
it from other dollar-denominated currencies. It is subdivided into 100 cents.
Labour law:
In 1904 the Commonwealth Conciliation and Arbitration Act set up a system of
"Conciliation and Arbitration for the Prevention and Settlement of Industrial Disputes extending
beyond the Limits of any one State".
Regulation of Labour :
Under section 51(35) of the Commonwealth Constitution, the Federal government has the power
to make laws with respect to conciliation and arbitration for the prevention and settlement of
industrial disputes extending beyond the limits of any one State. In addition, the Commonwealth
has chosen to regulate labor-related matters using legislative powers concerning the federal
public service, constitutional corporations, interstate and international trade and commerce, and
external affairs. As Federal laws in all of these areas will override inconsistent State laws, the
Commonwealth in practice has utilised these powers to assume a substantial regulatory
responsibility for most of the labour law system. Outside the areas outlined in the Constitution, the
States have generally retained responsibility for the regulation of labour-related matters including
occupational health and safety, job security and wage rates.
Labour Legislation:
In 1904, the Federal Parliament enacted the Conciliation and Arbitration Act 1904 (Cth). This Act,
which established a Court of Conciliation and Arbitration, was primarily concerned with preventing
and settling interstate industrial disputes through conciliation and arbitration, pursuant to s 51(35) of
the Commonwealth Constitution. Through the processes of conciliation and arbitration, the Court also
came to set wage rates and terms and conditions of employment across industries through the
application of awards arbitrated orders of the Court of Conciliation and Arbitration. Over the last
century, this Act was renamed several times, extensively amended and its scope enlarged,
particularly by the Industrial Relations Act 1988 (Cth) and the Industrial Relations Reform Act
1993 (Cth).
Contract of Employee:
Contracts of employment can specify whether they establish an ongoing (ie permanent) employment
relationship or whether they are for a fixed term only. Casual workers do not have a continuing
contract with their employer, instead a new contract is formed for each shift worked. The numbers of
employees engaged as casual is comparatively high in Australia (20 per cent of the employee
workforce), but many of these are regular casuals and are thus not very different from regular
employees. Employment contracts often contain clauses for probationary periods, which may allow
either party to terminate the contract without notice, within a specified period, and without penalty.
Unless a contract expressly provides that an employee may be suspended, an employer cannot
lawfully suspend an employee unless he or she is paid their full wage. However, it should be noted
that the no work no pay principle does entitle the employer to withhold the payment of wages where
a worker has refused to perform his or her obligations under the contract fully.
Hours of Work :
The standard working week in Australia is 38 hours. Awards, certified agreements and Australian
Workplace Agreements generally contain provisions setting out ordinary hours of work, rest breaks
and overtime and penalty rates. The average number of hours paid for in 2000 for full-time, adult,
non-managerial employees was 39.8 hours (source: Australian Bureau of Statistics, Employee
Earnings and Hours, Australia (Catalogue 6306.0, 2001). Only a Full Bench of the AIRC may vary
standard hours clauses in awards (s 106). Many workers are able to use flexitime; this permits a
worker to flexibly vary their working hours over a set period.
Full-time and part-time workers receive at least fours weeks of paid annual leave each year (after 12
months employment) pursuant to Commonwealth, State and Territory awards and agreements or
legislation. Any public holidays occurring during an employees leave entitles them to an equivalent
extension to their annual leave. Workers generally receive a loading of 17.5% on their annual leave.
Sick leave is granted to most workers under awards or agreements and some State legislation also
sets out minimum entitlements. However, provision is now commonly made in awards and
agreements for personal or carers leave, which may include sick leave, family leave, bereavement
leave, compassionate leave, cultural leave and other like forms of leave (Workplace Relations Act
1996 (Cth) s 89A(2)(g)).
The Children (Care and Protection) Act 1987 (NSW) pt 4 prohibits the employment of children under
15 in a limited number of industries and where the childs physical or emotional well-being is put at
risk. Western Australian legislation prohibits the full-time employment of children under the age of 15
and for indecent purposes, but permits restricted employment outside school hours (School
Education Act 1999 (WA) s 29; Child Welfare Act 1947 (WA) ss 107B, 108). Children younger than
school-leaving age in the Australian Capital Territory are prohibited from being employed, except in
light work and family businesses: Children and Young People Act 1999 (ACT) ch 10. Victorian law
requires persons employing children under the age of 15 to obtain a fixed-term permit (Community
Services Act 1970 (Vic) pt 3, div 9)
Equality:
The Sex Discrimination Act 1984 (Cth) prohibits sexual harassment, which is defined as an
unwelcome sexual advance, or an unwelcome request for sexual favours or other unwelcome
conduct of a sexual nature [provided that] a reasonable person would have anticipated that the
person harrassed offended, humiliated or intimidated. (s 28A). The prohibition applies to
employment, which includes part-time and temporary employment, work under a contract for service
and work as a Commonwealth employee (s 4)..Legislation requires many public and some private
sector organisations to implement equal employment opportunity policies. See Anti-Discrimination Act
1977 (NSW) Part 9A; Public Service Act 1999 (Cth) s 10; Equal Employment Opportunity
(Commonwealth Authorities) Act 1987 (Cth); Equal Opportunity in Public Employment Act
1992 (Qld); Equal Opportunity Act 1984 (WA) Part IX; Public Sector Management Act 1995 (SA) s
67; Equal Opportunity for Women in the Workplace Act 1999 (Cth)
Wages:
The national minimum wage is decided by the AIRC on application by the Australian Council of Trade
Unions (on an annual basis) to vary certain awards, with employer groups, in most cases, opposing
the application; Commonwealth and State governments are also entitled to make submissions. The
decision of the AIRC is then, in the usual course, taken up by the various State industrial tribunals,
some of which are obliged to take into account the Federal decision in adjusting minimum wages at
the State level. Existing federal and state awards are then varied accordingly. Formerly known as
National Wage Cases, these federal cases are presently referred to as Safety Net Wage Reviews.
The expression derives from s 88A(b) of the Workplace Relations Act 1996 (Cth), by virtue of which
one of the Acts objects is to ensure that awards act as a safety net of far minimum wages and
conditions of employment. Safety Net Wage Review decisions typically also affect wage levels
negotiated for the purposes of collective statutory agreements.
In Australia, trade unions can be registered at both State and Commonwealth levels. There are
currently 44 federally-registered unions, many of which also have State and Territory branches.
Union members comprised 24.7% of the workforce in 2000 (Australian Bureau of Statistics: Trade
Union Members, Australia (Catalogue No 6325.0). A series of amalgamations in the 1980s and
1990s resulted in the consolidation of many smaller unions into super-unions, a considerable
number of these now having over 100,000 members. There are also 69 registered employer
organisations.
To be registered in the federal system, a trade union must be established for the purpose of
furthering or protecting the interests of its members, be free from control by, or improper
influence from, an employer, and have at least 50 members who are employees (Workplace
Relations Act 1996 (Cth) s 189). In addition, there must be no other trade union to which the
members of the association could more conveniently belong and that would more effectively
represent those members (Workplace Relations Act 1996 (Cth) s 189(1)(j)).
The right to join a union and the right to resign from a union are provided for in ss 261 and 264
respectively. The right to join is qualified, firstly, by the trade unions eligibility rules and secondly,
the requirement that a person comply with the trade unions rules. A person may resign their
membership at any time (s 264(1)). A person has a right not to join a union
Once a union has been registered under the federal system, it acquires certain privileges of
recognition for the purposes of bargaining, taking industrial action and appearing before the
Commission. It is able to participate in an industrial dispute within the meaning of the Workplace
Relations Act 1996 (Cth), and thereby to have access to the AIRCs powers of conciliation and
arbitration. It may act as a bargaining agent for its members, or other employees, in negotiations
for a collective agreement that might be certified under the Act, or for the terms of an Australian
Workplace Agreement (although any person may offer such representation). An organisation that
is registered under the Workplace Relations Act 1996 (Cth) may organise and participate in
industrial action, during negotiations for a certified agreement, that will be protected from the civil
liability that would otherwise attend it under the common law.
Hr practices in Australia:
iHR policies and procedure
A comprehensive HR policy and procedure manual/employee handbook should at least provide your
organisation with the following policies and procedures:
iHR Australia develops a Guidelines and Procedures Manual for Managers, which
includes guidelines, procedures and templates for human resources practices including:
Selection and recruitment
Induction, performance and probationary management guidelines and templates
Promotions and transfers
Role clarity (including position descriptions)
Performance management
Managing complaints
Terminations