a) Background: Identify an entitlement in a workplace instrument 1. Select a workplace where you can discuss workplace issues with individual employees. The workplace that has been selected is McDonald’s Australia Limited. 2. Identify and describe the industrial instrument that applies to the employees of that workplace. An industrial instrument refers to a modern award or enterprise agreement under the Fair Work Act. It outlines the minimum entitlements and conditions of employees which are applied automatically and cannot be overridden by any other arrangements between the employer and employee except by the terms of the National Employment Standards (NES). The Industrial instrument that applies to the employees of McDonald’s Australia …show more content…
Modern awards apply to all employees who are covered by the national workplace relations system. They are industry or occupation-based and apply to employers and employees who perform work covered by the award Under Section 57 of the Fair Work Act 2009: A modern award does not apply to an employee when an enterprise agreement applies in relation to that employment. Fast Food Award: Section 25.2 Penalty Rates: Penalty rates of 10% are applied for ordinary hours of work within the span of hours between 9pm and midnight and loading of 15% will applied for ordinary hours worked after midnight and for casual employees this loading will apply in addition to their 25%casual loading. A loading of 25% will apply for ordinary hours of work within the span of hours on a Saturday for full time and part time employees and a loading of 50% loading will apply for all hours of work on a Sunday for full time and part time employees and a 75% loading will apply for all hours of work on a Sunday for casual employees, inclusive of the casual loading. On the other hand McDonald’s Enterprise Agreement abolishes penalty rates that are applied for weekend work and instead applies penalty rates towards work outside of the maximum hours a week. Overtime rates of time and a half for the first two hours and then double time thereafter shall be paid for work in excess of 152 hours per 4 weeks for a full time employee, 38 hours per week for a
Wages: The act determines methods of wage payment and establishes the right for you to not suffer from unauthorised wage reductions.
Legislation relating to employment exist because employers and employees need to know where they stand in a workplace, if certain legislations was not put in
The Fair Work Commission has reviewed penalty rates in many businesses such as hospitality, restaurants and retail industry awards. According to section 156 of the Fair Work Act 2009, there is a need to deal with this issue as a prospectus of a broader review of modern awards. As per The Australian Fair Work Commission, there is a reduction of 5 % in Sunday penalty rates in this year for workers, who are working in hospitality and this will increase to 10% in 2018 and 2018 as well. The same trend can be seen in the retail or pharmacy sectors and their worker will have to take home Sunday cut by 5% this year and until 2020, it will reduce by a further 15%.This imperative has advantages and disadvantages as well. Business giants have appreciated the decision and said that they can open their business on weekends and will be able to hire more employees. JB Hi-Fi and Myer will fall under the categories of those big retailers who will get benefits from these changes. On the other hands, retail workers will face the biggest hit. For example, employees working in the hospitality sector will face the reduction in the rates from 175% to 150%, however, casuals will get will same rates without any changes.
Delegation is widely acknowledged to be an essential element of effective management (Yukl, G. 1994). Delegation is basically a process of assigning responsibility, sharing authority, and producing accountability in organizations. It is a managerial instrument that allows managers to nurture subordinates to capitalize the subordinate’s potential and ability to meet organizational goals and objectives. As a form of employee involvement in decision-making, delegation describes a category of leader behavior that entails assignment of new responsibilities to subordinates and additional authority to carry them out (Yukl, G. 1998). Managers usually find it easier to speak about delegation of
21 John Hsu, ‘Work Choices Legislation Upheld by high Court’ (2006) Batallion Legal 1, 1-2 < http://www.batallion.com.au/Web-workchoices.pdf> at 9 April 2007.
Legislation relating to employment exists to stop exploitation of workers by their employers mainly to protect the rights of their employee’s and to make sure that they have everything they need such as.
Facts: Matt Theurer was an 18 year old adult that worked at McDonald’s part time. His friends and family worried about him because he had many extra-curricular activities, worked for the National Guard, and worked for McDonalds. McDonald’s informal policy did not allow high school students to work more than one midnight shift per week or split shifts. There was a special clean-up week McDonald’s held, Theurer worked five nights. One night he worked until midnight, another until 11:30pm, two nights until 9pm, and another until 11pm. On Monday, April 4th, 1988, Theurer worked from 3:30 until 7:30pm, followed by the clean up shift beginning at midnight
All the proposed tests are necessarily vague and only designed as guides, with definite mandatory subjects being determined only on a case by case approach. However, when a subject has been determined to be a mandatory one, it is agreed that it may be bargained to an impasse so long as the bargaining is in good faith. Whether the subject of dues check-off is a “condition of employment” under the Act and thus a mandatory subject of bargaining has often been before the National Labour Relations Board (NLRB) and the courts. The NLRB is given a great deal of flexibility in interpreting the Act in order to effectuate its policies as evidenced by congressional intent and the courts will normally interfere only if the Board abuses its discretionary
The implementation of the Fair Work Act 2009 which came into force on January 1st 2010, was to create a national workplace relations system for the purpose of setting wages and conditions of employment. This legislation is overlooked by the Fair Work Commission and ombudsman, whose role is to maintain a safety net of minimum wages and conditions and ensure compliance with the Fair Work Act. The creation of the Fair Work Act (2009) is to regulate business cooperation’s for the purpose of providing safety nets for minimum wages and entitlements, flexible working arrangements and ensure fairness at the workplace. Under the Fair Work Act 2009, ten National Employment Standards
An Enterprise Bargaining Agreement is the result of employers and employees of a single enterprise coming together and negotiating wage and working conditions. This provides employers with ‘flexibility’ in terms of performance-related conditions and flat hourly rate pay, while also benefiting employees, as they usually end up with higher wage rates, bonuses and additional entitlements. (A Nankervis 2014, 115) Enterprise bargaining provides employers and employees a primary medium to negotiate terms, which go above complying with the minimum standards and provide a mutual benefit for both employers and employees. In order to ensure that a mutual benefit is achieved within negotiation of the Enterprise Bargaining Agreement, the new agreement must pass the ‘Better Off Overall Test’ otherwise known as the BOOT. The reason for this is that an Enterprise Barging Agreement is used to better employee minimum standards and thus the use of a boot test allows the employer to create, as stated, a “better off” set of conditions for the employee. Again this is another aspect of the Fair Work Act that provides a medium for collaboration rather than compliance due to the way employees and employers work simultaneously, during the enterprise barging
In the technical sense, penalty rates are a form of tangible benefit within the financial context which generally refers to those payments made to workers outside normal working hours. Regulator motivations for including penalty rates in modern awards as stated by (Sloane, 2014) are twofold: firstly, to compensate workers for work performed during what was historically known as ‘unsociable hours’ and secondly, to dissuade employers from operating within those hours. However, as advocated by (Sheldon & Thornthwaite, 2013) the modern award reviews have ‘provided a forum for employers and their associations to escalate their campaign to the significance of penalty rates in industries operating during the traditionally ‘unsociable hours’, which is evidence that employer associations prefer to enhance managerial prerogative over productivity which is predominantly concerned with the cost of resources. The push for the examination of provisions regarding penalty rates has mostly been seen to affect the tourism and retail industries.
The manager’s retaliatory approach to lower the loss percentage was not a motivational factor for the employees at all when he changed the number of hours employees had to work to receive free food from 6 hours a day to 12 hours. Evidently the employees did not respect his authority as the change did not seem to have an effect on them nor did it give them any motivation to do better. These jobs where minimum pay jobs
Question 6: EXPLAIN WHAT IS MEANT BY EMPLOYEE VOICE AND THE MAIN MOTIVATION FOR ESTABLISHING MECHANISMS FOR VOICE IN THE WORK PLACE.
The generation now has made it easier to equalize men and women but there is still a substantial amount of places where gender inequality is still happening in the workplace and where females still face discrimination. Women are often discriminated in the workplace and are usually not promoted as quickly as men are and they also receive less pay. History shows that women have not always been defined as property and thought of as second class citizens. But in the 21st century many have seen a drastic change in the so called “traditional” family ways where women are suppose to stay home and take care of the household chores, food, and children and men are suppose to work to support their family and provide financial stability. Many assume that in the workplace women are more vulnerable and less competent than men because women 's instincts are to put their family before work or anything else. Whereas men are the ones who will usually stay the late hours to work. People on both sides of the political spectrum and everywhere in between seem to be fearful of what is to come and more fearful of others than they are often willing to admit.
McDonalds is very focused on the standards of the legal aspects. This is the case because McDonalds has dealt with many lawsuits since the corporation has been created. For example, in the famous coffee case,