(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) a regulated interactive gambling service. For smaller businesses, this can be a simple document setting out the ground rules for when and how staff communications will be handled, and who will handle them. The information contained in this fact sheet is general in nature. 61 Charges are payable to the Commonwealth. Workplace privacy - Fair Work Ombudsman This includes laws applying to the monitoring and recording of telephone conversations. Awards contain standard consultation clauses. It includes information on: the duties for employers in CALD workplaces 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. 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. (2) An expression used in this section that is also used in the Broadcasting Services Act 1992 has the same meaning in this section as it has in that Act. 2) 2010, Sch6 (items1, 24): 1Jan 2011 (s2(1) item3), Sch6 (item122): 19Apr 2011 (s2(1) item17), Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011, Sch2 (item1): 27May 2011 (s2(1) item2), Sch2 (items132138) and Sch3 (items10, 11): 27Dec 2011 (s2(1) items2, 12), Telecommunications Legislation Amendment (Universal Service Reform) Act 2012, Sch1 (items13): 1July 2012 (s2(1) item2), Sch 6 (items79, 23): 24June 2014 (s2(1) item9), Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014, Sch 5 (items14), Sch 6 (items13, 14), Sch 7 (items203214) and Sch 14: 1July 2014 (s 2(1) items3, 6, 14), Public Governance and Resources Legislation Amendment Act (No. (f) a protected symbol, or a symbol so closely resembling a protected symbol as to be likely to be mistaken for it. Participation etc. Call the Fair Work Info line on 131394. Supporting information WHS Regulators' contact information The role of WHS regulators Was the content on this page helpful? 40 Participation etc. 62B Decisions relating to the Commonwealth etc. We pay our respect to them and their cultures, and Elders, past, present and future. See section23 of the, Requirements relating to these functions and powers, (3) A direction under subsection(1) must be published in the, (5) This section does not affect the Ministers powers under the, Consistency with CER Trade in Services Protocol, The ACMA must perform its broadcasting, content and datacasting functions, and exercise its powers relating to those functions, in a manner consistent with Australias obligations under the CER Trade in Services Protocol (as defined in the, ACMA to consult ACCC in relation to management of electronic addressing, (4) For the purposes of subsection(2), a, (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, when the person was a member, or associate member, of the body corporate that was continued in existence by section14 of the, Note: For rules that apply to persons acting as the Chair, see section33A of the, Acting appointmentsmembers other than the Chair, Note: For rules that apply to acting appointments, see section33A of the, Period of appointment for associate members, (5) For the purposes of subsection(2), a, Associate members to be treated as members for certain purposes in other Acts, Terms and conditions for members and associate members, (3) This section has effect subject to the, (1) A disclosure by a member or associate member under, (which deals with the duty to disclose interests) must be made, (3) For the purposes of this Act and the, (4) The Chair must inform the Minister if the members of the ACMA agree, in accordance with any rules made for the purposes of, (b) the member or associate member fails, without reasonable excuse, to comply with section29 of the, (a) rules made for the purposes of section29 of the, Participation etc. (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. Information in this column may be added to or edited in any published version of this Act. (4) For the purposes of this section, if the Register is maintained by electronic means, a person is taken to have made a copy of, or taken an extract from, the Register if the ACMA gives the person a printout of, or of the relevant parts of, the Register. Federal Circuit and Family Court of Australia Legislation (Consequential Amendments and Other Measures) Regulations 2021: Fair Work Regulations 2009. Act binds Crown Legislation history and amendment historyEndnotes 3 and 4. 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. 53 Limit on powers delegable to persons other than Divisions. (a) radiocommunications (within the meaning of the Radiocommunications Act 1992); or. Information management legislation | naa.gov.au 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) 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. (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. (1) The Chair presides at all meetings at which he or she is present. (2) The Register may be maintained by electronic means. 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. (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. Telecommunications interception and surveillance - Home Affairs Most employees are very interested in whats happening in the business and how its performing, especially if that might impact on their job security. This could include: Consultation with employees about changes to their role, employment conditions, or the work environment is critical for a productive and engaging workplace. Work health and safety Explosives Rural workers accommodation Dangerous goods (road and rail transport) (2) Column 3 of the table contains additional information that is not part of this Act. (ii) 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; (d) the members present at a meeting must appoint 1 of themselves to preside at the meeting; (e) a question at a meeting is decided by a majority of the following people in the Division present and voting: (ii) if the question relates to a matter connected with an inquiry, investigation, hearing or other matter specified in the instruments of appointment of 1 or more associate members in the Divisionthat associate member, or each of those associate members; (f) the person presiding at a meeting has a deliberative vote and, if necessary, also a casting vote. The national workplace relations system is established by theFair Work Act 2009and other laws and covers the majority of private sector employees and employers in Australia. , in relation to the ACMA, has the meaning given by section11. broadcasting, content and datacasting functions. 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. You can also contact usfor further advice before you speak to your employer. Definitions 5. (2) A person can be appointed as a member more than once. 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. 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. (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. (1) The ACMA may establish 1 or more Divisions. Australia's workplace relations laws As set out in the Fair Work Act and other workplace legislation, the key elements of our workplace relations framework are: A safety net of minimum terms and conditions of employment. Employers need to know their rights and obligations in their workplace. Check your award or agreement for consultation provisions. Agency responsible: Department of Employment. Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. (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. Australia's national workplace relations system - Department of Workplace Communication in Canada - MNLCT 44 of 2005 as amended, taking into account amendments up to Broadcasting Legislation Amendment (Foreign Media Ownership, Community Radio and Other Measures) Act 2018, Administered by: Infrastructure, Transport, Regional Development and Communications, that shows the text of the law as amended and in force on, The notes at the end of this compilation (the. (5) If a person requests that a copy be provided in an electronic form, the ACMA may provide the relevant information: data processing device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device. (1) A member holds office for the period specified in his or her instrument of appointment. (1) The ACMA may, by writing, establish advisory committees to assist it in performing any of its functions. (3) If neither the Chair nor the Deputy Chair is present at a meeting, the members present must appoint 1 of themselves to preside. If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. 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. Content last updated: Employment 8. The Federal Register of Legislation (the Legislation Register) is the authorised whole-of-government website for Commonwealth legislation and related documents. (e) a foreign country is responsible for the regions international relations. (b) for the services of the ACMA staff to be made available for the purposes of the authority. they intend to make significant changes at the workplace. Complete our free Difficult conversations in the workplace online courseto learn practical tips to manage conversations and achieve positive outcomes. The privacy of Australians is also protected by the . For 10 year rule, count associate membership and ABA and ACA membership and associate membership. 13 14 50. Consultation also helps staff feel engaged and supported. (3) The Chair may grant another fulltime member or a fulltime associate member leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines. (2) Each associate member is to be appointed by the Minister by written instrument. (c) information that was obtained by the ACMA as a result of the exercise of powers under a provision that: (i) allows the ACMA or an ACMA official to require a person to give information or to produce a document; and, (ii) is a provision of an Act or a legislative instrument; and, (iii) is not a provision described in paragraph(b); or. Employer 7. The practical application of theFair Work (Registered Organisations) Act 2009is overseen by the Fair Work Commission and the Registered Organisations Commission. The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): authorised republications to which the When assessed against business requirements, how have the information and ideas shared by staff affected your position? Consultation is most effective when its carefully considered and planned. 62B Decisions relating to the Commonwealth etc. Most awards and agreements require making a copy of the award or enterprise agreement available and easily accessible to staff. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. (1) A decision is taken to have been made at a meeting of a Division if: (a) without meeting, a majority of the members in the Division indicate agreement with the proposed decision in accordance with the method determined by the Division under subsection(2); and. (b) Australian Communications and Media Authority. Thank you for your feedback. (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. 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. When running a business, youre likely to face challenges that affect both your business and your employees. Note: The ACMA does not have a legal identity separate from the Commonwealth. This checklist will help you work at best practice: State & Territory work health and safety bodies. A member or associate member may resign his or her appointment by giving the appointer a written resignation. (2) The Minister may grant the Chair leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines. (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). The ACMA must keep a record of decisions made in accordance with section44. If the ACMA establishes a Division, the ACMA must: (a) determine the kinds of matters the Division can deal with; and. (b) the disclosure is in accordance with that consent. A structured workshop consultation process can help achieve effective consultation. A system of enterprise-level collective bargaining underpinned by bargaining obligations and rules governing industrial action. 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 . Best practice employers create a consultation strategy whenever they need to consult with staff about significant workplace change. 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. Your communications strategy should cover: Seek feedback on how your employees are receiving communications. It makes sense to spend some time with them to explain how the business expects employees to communicate with each other. (1) The Minister may give written directions to the ACMA in relation to the performance of its functions and the exercise of its powers. 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. (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. (4) Subsection(1) has effect despite anything in the Acts Interpretation Act 1901. (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. (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. Stay up to date with workplace law changes - Fair Work 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. (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. As a result, changes in the workplace were required. They can also give written notice requiring you to produce, or provide access to, records or Thank you for your feedback. (2) For the purposes of the Public Service Act 1999: (a) the Chair and the ACMA staff together constitute a Statutory Agency; and. (g) a written agreement or arrangement or an instrument or writing made unilaterally. An ACMA official may disclose authorised disclosure information if it is already publicly available. The practical application of the Fair Work Act in workplaces is overseen by the Fair Work Commission and the Fair Work Ombudsman. Our automatic translation service can be used on most of our pages and is powered by Microsoft Translator. (ii) any other law (other than a law to the extent to which it confers functions described in section8, 9 or 10); (e) to do anything incidental to or conducive to the performance of any of the above functions. Work health and safety (WHS) involves managing risks to the health and safety of everyone in your workplace, including your: workers. (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. (2) An expression used in this section that is also used in the Telecommunications Act 1997 has the same meaning in this section as it has in that Act. Victoria is the only jurisdiction who has not implemented the model WHS laws. The way to achieve best practice will vary because of things like the number of employees, industry and the business environment. Employers who take a consultative and cooperative approach still have the right to make the final decision on how to manage their business. 10 ACMAs broadcasting, content and datacasting functions, 15 ACMA not otherwise subject to direction, 16 Consistency with CER Trade in Services Protocol, 17 ACMA to consult ACCC in relation to management of electronic addressing, 23 Acting appointmentsmembers other than the Chair, 25 Period of appointment for associate members, 27 Associate members to be treated as members for certain purposes in other Acts, Part4Decision-making and delegation by ACMA, 40 Participation etc. Each time, management consulted with employees before any restructuring decisions were made. (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. These consultation requirements fall under state or territory work health and safety laws. (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. by associate members at meetings, 48 Division can make decisions without meetings, 53 Limit on powers delegable to persons other than Divisions, 55 Arrangements with authorities of the Commonwealth, 59B Disclosure to public servants for advising their Ministers, 59F Disclosure of publicly available information, 59G Disclosure of summaries and statistics, 59J This Part does not limit disclosure by ACMA official, 59K Relationship with Part13 of the Telecommunications Act 1997, 59L Delegation of Chairs powers under this Part, 61 Charges are payable to the Commonwealth, 62 ACMAs expenses include related Commonwealth expenses. Any other statement in column 2 has effect according to its terms. 25 Period of appointment for associate members, Period specified in instrument of appointment. The process took 3 to 4 months each time. The key points to communicate to your staff are: electronic communications and social media aren't private The model laws have been implemented in all jurisdictions except Victoria. (4) A parttime member may be assigned by the Minister, acting on the ACMAs advice, on a fulltime basis to an inquiry, investigation or hearing. Copyright Fair Work Ombudsman, Translate this website. Our online courses can help you be more confident having difficult conversations in the workplace. (2) If the Chair is not present at a meeting, the Deputy Chair presides. This means any change to the business that will affect employees in a significant way, for example different working hours, duties, work locations or redundancies. 52, 2006 made under the Fair Work (Registered Organisations) Act 2009 and Workplace Relations Amendment (Work Choices) Act 2005 Compilation No. Section 3: Relationships in the workplace | Australian Public Service Note: For rules that apply to persons acting as the Chair, see section33A of the Acts Interpretation Act 1901. It is the foundation of all minimum standards and regulations for employment that fall within the national workplace system. 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. (b) during any period, or during all periods, when the Chair: (i) is absent from duty or from Australia; or. Employee 6. 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. 2021-10-13 (b) persons who sell, hire, manufacture or import: (i) radiocommunications transmitters (within the meaning of the Radiocommunications Act 1992); or. (1) A fulltime member or fulltime associate member has the recreation leave entitlements that are determined by the Remuneration Tribunal. (1) The Consumer Consultative Forum established under the Australian Communications Authority Act 1997 continues in existence after the commencement of section6 of this Act as if it were established by the ACMA, by writing, at that commencement. Please note that comments aren't monitored for personal information or workplace complaints. In this Act, unless the contrary intention appears: ACMA means the Australian Communications and Media Authority. Note: Section33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc. (1) The ACMA may, by writing, delegate to a Division any or all of the ACMAs functions and powers so far as they relate to the kinds of matters the Division can deal with. A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. (6) Sections34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a delegation under this section in the same way as they apply to the delegation under section50 to the Division. (c) is, for any reason, unable to perform the duties of the office. seek feedback on how your employees are receiving your communications. If you would like to tell us more about the information youve found today you can complete our feedback form. Making sure staff are aware of their classifications within their award or agreement can also help staff understand your expectations. 17 ACMA to consult ACCC in relation to management of electronic addressing. (1) At a meeting of the ACMA, a question is decided by a majority of the votes of the following people present and voting: (b) if the question relates to a matter connected with an inquiry, investigation, hearing or other matter specified in the instruments of appointment of 1 or more associate membersthat associate member, or each of those associate members. (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.
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