Employment Relation Legal Working Process

Question: Discuss about the Employment Relationfor Legal Working Process. Answer: Introduction The report is prepared to provide a detailed knowledge regarding the legal working process in the Australian enterprises. In that context, the report will provide the key insights with respect to the workplace relations system by taking into consideration the economic, social and industrial environment which can bring changes within the enterprises. In relation to that, the Australian government had started the reshaping as well as the structural transformation of the organizations to bring enhancement in the Australian economy. Thus due to that reason, there will be the proper description of the boot process which will describe the better off overall tests of the employees within the organization. In return, the boot process will provide the analysis of the proper validity of the enterprise project. Thus the report is prepared with an aim to provide some more recommendations by which the BOOT test can be improvised more (Annink den Dulk, 2015). For that reason, the report has been addressed to the President of Work Fair Commission who is responsible for bringing any kind of changes within the organization by the use of proper enterprise agreement. It is also that the process of BOOT also affects the employee relations within the organizations by the help of the enterprise agreement. So the work fair commission carries out the process by setting as well as varying the minimum wage fixation, industrial awards, handling the claims properly, dispute resolution and the approval of enterprise agreements. Therefore the report will provide the details of the requirements by which the President can be able to bring changes to the Work Fair Commission in the organization (Bartling, Fehr Schmidt, 2013). Fair Work Act The basic part which is focused as per the concept of the report is the better off overall test and the agreement associated with the enterprise. Thus it is necessary to have a clear idea regarding the better off overall test as well as the agreement and the enterprise agreement. In relation, the government of Australia had started with a new system called the Fair Work Act. This act has been started in 2009 (Bartling, Fehr Schmidt, 2013). As per this act the employees, employers, contractors as well as the communities get complied with a system enclosed within the agreement. In that case, the government set the requisite rules which will help in resolving the workplace issues by conducting relevant investigations in the workplace (Bogg, 2014). Thus the Fair Work Commission is supposed to establish the clear set of rules as well as obligations that will help with the approval of the enterprise agreement. What does the Agreement Mean? The proper meaning of an agreement is the part that provides the requisite terms as well as conditions regarding the employment within the employee or the group of employees and the employer of the organization. Thus the agreement is the fact that has been carried out as per the national workplace relations systems in two categories, namely, enterprise agreements and the agreement-based transitional instruments (Dorssemont, Lrcher Schmann, 2013). As per Zakaria Hashim, the agreement-based transitional instruments basically provide the insight by which it will help the agreements to continue the process until it is terminated or replaced. In relation to that, the agreement-based transitional instruments include the collective agreements, preserved individual and collective state argument, individual transitional employment agreements, pre-reform certified agreements and the Australian Workplace Agreements (Zakaria Hashim, 2015). At the same time, the enterprise agreement is the part that builds up the relation in between the one or more system of employers and the employees in the organization. This process goes as specified within the agreement (French, 2014). These enterprise agreements are such formulated that it will provide an ease to the parties during the negotiation. In that context, the parties carry out the negotiation with proper bargaining in a good faith within the level of the enterprise. Thus the Fair Work Commission that works with any kind of projects or businesses or activities and undertaking. The enterprise agreement is therefore worked with three kinds of agreements, namely, single enterprise agreement, multi-enterprise agreement, and Greenfields agreement (Jensen, 2015). The single enterprise works with the part that shows the agreement made in between the single employer and the employees which are employed while the issuance of the agreement. In that process, these are basically used by the single interest employers in a joint venture or any kind of common enterprises (Kersley, et al., 2013). Thus, in this case, the Work Fair Commission should have provided the employers the authority to become the single interest employers. Similarly, the multi-enterprise agreement is basically carried out in between the two or more employees along with the employees that are employed in the organization at that time of the agreement (Tan, 2015). These all are being covered by the agreement. Thereafter the Greenfields agreement is such an agreement which is made in between the employer as well as the employee who are employed in the generation of a new enterprise. This agreement can either be the single enterprise agreement or the multi-enterprise agreement (Lai, 2016). Thus in that context, the parties that are involved in this agreement are supposed to be the employer as well as one or number of employees associated to the enterprise. Depending upon the initiation of the enterprise agreement it is also essential to know that what the requisite requirements of the agreements are. Thus the successful agreements should definitely contain the necessary elements by which the agreement can operate smoothly. It should also contain the proper deductions from the wages for the generation of the authorized purpose of any enterprise (Tan, 2015). Further enterprise should also contain the basic terms which will properly signify the relationship in between the employee and the employer during the trading process (Lucio, 2015). In addition to that, the enterprise agreement should definitely contain the nominal expiry date, dispute settlement procedure, flexibility term and the consultation term. Along with that while considering the enterprise agreement it is seen that the amount which must be the rate of pay of any employee under any employer as per the agreement then he or she must be the paid should not be less than that of any relevant rate of pay as per the modern award system. This is the process which comes under the national minimum wage order for the employee (McDonald Thompson, 2016). What is the BOOT? Now coming to the basic portion of the report, which will help in providing a signified description of the BOOT as well as the description regarding its functioning within the processing of Work Fair Commission? The effective description of the BOOT will provide a proper validation to the enterprise agreements to carry out an enterprise project successfully. In that case, the enterprise agreements are prepared in such manner that it should definitely pass the better off overall test or BOOT. Passing this test will ensure the approval of the enterprise by the Fair Work commission in Australia (Nettleton, et al., 2016). Thus the enterprise agreement gets passed from the test the Fair Work Commission gets satisfied from the award covered employee along with all other prospective award covered employee. So basically the BOOT is the part that is applied to the process while measuring the employees employed under the agreement as compared to any kind of relevant modern award. In this regard, the BOOT is the process which has been used the Fair Work Commission to take the test of the employee classes (Nicaise, 2016). In that process, the Fair Work Commission found that it has made the assumptions regarding the process which indicated that in the absence of evidence it is seen that the award covered employees are found to be better than that of the modern award employee (Snyman, Ferreira Deas, 2015). Thus the better off overall test is the particular point seen in the time test where there will be the presence of the both award covered employee and the prospective award covered employee. In that context, the particular which should be considered as the test time is the time when the bargaining representative applies in front of the Commission to make the approval of the enterprise agreement (Palmen, et al., 2013). So basically it can be said that the better off overall test is the matter that provides the base in the approval of the enterprise agreement. On the contrary, the Commission does not provide approval to the agreement due to some unexpected conditions or exceptional circumstances. It can also be said that the approval of agreement cannot be supposed to be contrary to the public interest in any instance. Another reason that forms the basis for the approval of the enterprise agreement is it can also provide the exact rate of pay to the employees (Schtz Jacobs, 2014). It is mentioned in the earlier part that this test is a point in time test but along with that it also enables the situation for the employees to get their basic rate of pay which must not be lower than that of the basic rate of the national minimum wage order. Therefore this becomes the matter then the particular employee must be paid at a rate of equal pay as mentioned in the enterprise agreement. It will eventually satisfy the conditions mentioned under the national minimum wage order rate of the employee (Schz, 2014). Recommendations to Bring Changes in BOOT in Work Fair Commission Basically, while the matter of enterprise agreements is considered at that time there has been the proper description of the Work Fair Commission in Australia under the Act of Fair Work. In that case, it is seen that many of the projects started facing many kinds of issues by going through the procedural traps of the FW Act that generally arise during the bargaining process and most of the time hinders the growth of the approval of the enterprise agreements. In relation to that, it is seen that FW Commission has set the Act that provides the minimum requirements which the Commission must go through before providing approval to any kind of enterprise agreement. The reason behind it has to go through various functions like the negotiations, bargaining, and explanation to the employees along with the advice to the employees upon the vote on the agreement. Thus the whole process revolves around a specific scenario that says the Fair Work Commission should go through the proper correct steps to ensure the proper execution of the process. Otherwise, it can be seen that the process of negotiations can take months to get resolved due to the presence of many procedural errors. For that reason, this report will definitely provide a clear scenario regarding the changes that should be done to bring a union by which the Work fair Commission should take the decision of approval of the enterprise agreement smoothly. Thus while viewing the whole list of acts carried out by FW Commission it is seen that the issues were raised there is not any clear news that at what time the employer agreed to the bargaining process and because of this there should be the initiation of obligation in the process. Again the issues are raised when the employees who are be notified are on leave. Further, it is seen that the when the employees that have to be covered are not identified in a proper manner which hindered the approval process. The approval process also gets hindered due to the agreement coverage is the exact matter of negotiation in all cases. So basically it can be recommended to the President that the bargaining process should be provided with time duration of 14 days. After that, the process should be cancelled and depending upon that the concerned employer in that matter should definitely take care of the every possible reasonable step to make the circulation of the notice to all the employees properly. Apart from that, the employers should take a personal care regarding the Notice of the Employee Representational Rights in front of the employees during signing the agreement. Along with that, the President should also bring into consideration that the Notice which should be provided to the employees must be substantial compliance in form of the template as per the regulations of Work Fair Commission. Apart from that, it is also recommended that the regulations included with the Work Fair Commissions should definitely enclose the process regarding the delivery of the Notice in front of the employees. Thus this delivery of the Notice can be done by the help of email or making the display of the notice. By sending the proper email to the work mail of the employee with a proper address along with the Notice will help the employee in getting the update through the electronic link in the intranet. Next to that by displaying the notice the process is carried out in any kind of prominent location so that employee should easily trace the Notice. Thus the Notice should be easily accessible to the employees. In that case by opting this recommendation the President of the Work Fair Commission will help to manage the issue of miscommunication of the employer with the employees. Thereafter the next change or the recommendation to be provided is the matter of timing. In that case, the change should be brought in case of the providing time before starting any kind of voting process. Thus the employer should provide an extended duration of access period to the employees. In relation to that, the employer should keep 7 days duration of the access period. In that period it is recommended that the employer should ensure that the employees have the detailed knowledge of the agreement for which they are voting for. Along with that the employer should also go forwards and provide the notification to the employees regarding the timing as well as the place of the vote and the proper method of voting. By taking this method of voting the employer can very easily find out any kind of mistake from the agreement which will help in the rectification. It will also provide the proper incorporation of the material within the agreement. Moreover, the employer should take the proper advantage of the access period so that the employer should go through all the requisite terms associated with the agreement. Again by this manner, the employee can have the regard towards the particular needs of the employees. And lastly, the President should take care that the voting process should take place by the end of access period. It can also be kept within the consideration that the access period should be within the 21 days after the distribution of Notice in between the employees. Conclusion The report has presented the key points regarding the implementation of the better off overall test for completing the approval of the enterprise agreements in the organization. Moreover, the report includes the description of how the implementation of the better off overall test is carried out by the Work Fair Commission in Australia. And the most important fact regarding the report is that it contains the best possible recommendations regarding the changes which should be undertaken by the Commission for the betterment of the agreement approval process. Thus it can be concluded that if President opts for the changes then the Commission will be able to find effective ways to provide approval for the agreements of the enterprise or activity or project. References Annink, A. and den Dulk, L., 2015. Employment Relation and Work-Life Balance in Europe.Stabiliteit en verandering in Europa, p.147. Bartling, B., Fehr, E. and Schmidt, K.M., 2013. JEEA?FBBVA Lecture 2012: USE AND ABUSE OF AUTHORITY: A BEHAVIORAL FOUNDATION OF THE EMPLOYMENT RELATION.Journal of the European Economic Association,11(4), pp.711-742. Bartling, B., Fehr, E. and Schmidt, K.M., 2013. Use and Abuse of Authority: a Behavioural Foundation of the Employment Relation (vol 11, pg 711, 2013).JOURNAL OF THE EUROPEAN ECONOMIC ASSOCIATION,11(5), pp.1230-1230. Bogg, A.L., 2014. The European Convention on Human Rights and the Employment Relation by Filip Dorssemont, Klaus Lrcher and Isabelle Schmann (eds).Yearbook of European Law,33(1), pp.557-559. Dorssemont, F., Lrcher, K. and Schmann, I. eds., 2013.The European Convention on Human Rights and the employment relation. Bloomsbury Publishing. French, S., 2014. The European Convention on Human rights and the Employment Relation. Jensen, C.S., 2015. Employment Relations, Flexicurity, and Risk: Explaining the Risk Profile of the Danish Flexicurity Model. InThe Danish Welfare State(pp. 57-71). Palgrave Macmillan US. Kersley, B., Alpin, C., Forth, J., Bryson, A., Bewley, H., Dix, G. and Oxenbridge, S., 2013.Inside the workplace: findings from the 2004 Workplace Employment Relations Survey. Routledge. Lai, Y., 2016.Employee relations in SMEs: an empirical approach using the Workplace Employment Relation Survey (WERS 2011)(Doctoral dissertation, Kingston University). Lucio, M.M., 2015. Capital and Labour: The Shifting Terrains of Struggle and Accommodation in Labour and Employment Relations.The SAGE Handbook of the Sociology of Work and Employment, p.148. McDonald, P. and Thompson, P., 2016. Social media (tion) and the reshaping of public/private boundaries in employment relations.International Journal of Management Reviews,18(1), pp.69-84. Nettleton, S., Sebbens, T., Fairhall, H. and Firth, T., 2016. Stay agile: Managing employment relations in the new economy.Governance Directions,68(8), p.475. Nicaise, I., 2016. Access to employment and its relation to minimum income schemes in the EU. Palmen, H., Hilverda, F., Blokland, A. and Meeus, W., 2013. Pathways to adulthood and the relation between employment, education and criminal behaviour: A latent class analysis. Schtz, G. and Jacobs, A., 2014. Making Out All Right in a Triangular Employment Relation.Revue franaise de sociologie,55(1), pp.73-100. Schz, G., 2014. Making Out All Right in a Triangular Employment Relation: The Case of Outsourced Receptionists.Revue franaise de sociologie (English Edition),55(1), pp.61-85. Snyman, A., Ferreira, N. and Deas, A., 2015. The psychological contract in relation to employment equity legislation and intention to leave in an open distance higher education institution.South African Journal of Labour Relations,39(1), pp.72-92. Tan, L., Washington State University, 2015.Systems and methods for collecting and accruing labor activity data under many-to-many employment relation and with distributed access. U.S. Patent 8,959,594. Voorhoof, D. and Humblet, P., 2013. The right to freedom of expression in the workplace under Article 10 ECHR. InThe European convention of human rights and the employment relation(pp. 237-286). Hart Publishing. Zakaria, N.S. and Hashim, M.K., 2015. THE IMPACT OF EMPLOYMENT RELATIONS PRACTICES ON PERFORMANCE OF MALAYSIAN SMES: THE CONCEPTUAL FRAMEWORK.Editors, p.91.