Вы находитесь на странице: 1из 4

Take remedial action where groups or individuals fail to abide by agreements Remedies and Penalties The Fair Work

Act prescribes actions and penalties for non-compliance with the t erms and conditions of the new workplace agreement. Penalties for groups and individuals, such as organisations, employees and union s, will however, depend on the type of breach. However, there are various government agencies that are responsible for enforcin g different legislative provisions and providing remedies or penalties for breaches or non-compliance. They are represented by th e following legislation: Fair Work Act 2009 OHS Act Anti-discrimination Act The various government agencies or departments overseeing the application of wor kplace agreements and enforcement of remedies and penalties for non-compliance are shown below. The Fair Work Ombudsman The Australian Government established the Fair Work Ombudsman as an independent authority with an expanded scope to monitor workplaces and give unbiased advice to employees and employers. Under the legislation, empl oyer and employee rights are protected by the FWA. Protection for employers and employees will be improved by extending the complia nce in the Act to cover the NES in agreement-making and working conditions that are contained in workplace agreements. Lheenforcement fu nctions under the Act will be undertaken by the Ombudsman to ensure that employees and employers know their rights and obligations and tha t these are fairly enforced. The Ombudsman had taken over the functions of the FWA, which has become an easil y accessible 'one stop shop' for all enforcement and compliance activities. Workplace inspectors engaged by the Ombudsman will ensure that the rights and obligations of workers and employers under the Act are understood and enforced fairly. As previously explained, a workplace inspector can enforce penalties for breache s of the following categories of employee entitlements: a term of the NES a term of a workplace agreement 4term of an award or order of the FWA minimum wages public holiday entitlements extended parental leave entitlements Workplace inspectors will be able or breaches of the above employee of the regulations. They can also e agreement is lodged without the being met. For example, employers of at least seven days for a new employee for their approval. to take legal action on an employee's behalf f entitlements or provisions seek the imposition of penalties if a workplac pre-lodgement requirements are required to provide a consideration period agreement presented to an

If this consideration period is not provided, penalties can be applied by the Om budsman. Employees and employers can ask the Ombudsman for assistance and, if necessary, the workplace inspectors can prosecute any breaches. Breaches of union membership The right to join or not to join a trade union, free from pressure or coercion, is calledfreedom of association. Under the legislation, there are new, general prohibitions supporting freedom of association which make it un lawful for any person to:

coerce a person to join, not to join or quit a union make false statements about union membership (e.g. claiming that membership is c ompulsory when it is not) go on strike because another person is or is not a union member Awards and agreements under the Fair Work Act must not contain clauses that perm it or require any breach of the freedom of association provisions. Awards and agreements must also not contain any clause that requires the payment of a u nion bargaining services fee. If any of the freedom of association provisions identified as civil remedies are breached, a court may impose a fine, require the payment of compensation or make any another order it considers necessary. Reporting and investigating injuries and accidents Occupational health and safety legislation requires that certain kinds of injury must be reported. The reportable injuries result from serious accidents. Put another way, serious accidents include those leading to reportable injuries. Thorough accident investigation policies and procedures need to be predetermined to ensure optimum benefit is realised from the investigation. Each State government has a health and safety department to provide advice and m onitor the health and safety practices in workplaces and worksites. Inspectors from these departments undertake routine checks to ensure that the pr ovisions of the legislation are adhered to. Breaches are investigated, and if found guilty, businesses are penalised or fined, depending on the serious ness of the breach. Workers' Compensation Insurance All companies must take out Workers' Compensation insurance for the protection o f their workers. An integral part of workplace safety and health requirements includes the coverage of worlp1ace accidents and injuries reporting , as well as the protection of workers and their families in the event of workers being unable to work through injuries. This is compulsory in Au stralia. EEO Reporting Breaches Every organisation in Australia is required to develop a practical EEO policy an d procedure. They must take positive steps and show progress in achieving EEO outcomes by rep orting on the progress and achievements of their EEO program and provides statistics in their annual reports to the Director of Equal Opportu nity in each State. Resolution of EEO Complaints Each state EEO legislation sets up its own procedure for handling and resolving complaints of discrimination. Normally, the procedure requires the complainant to lodge the complaint on the official form to the Commissioner of Equal Opportunity in the relevant state. Once lodged in its accepted form, the Office of the Commissioner thereby investigates the complaint . Organisations will be fined or penalised if found guilty of discrimination. Activity 3.11 Remedies and penalties Go online and research the function, remedies and penalties imposed by the follo wing authorities: OHS legislation Ombudsman EEO legislation

ABCC Penalties for individual offences In addition to penalties that can be enforced for breaches of the Act by organis ations, individuals also have a legal responsibility to abide by the law. Should they breach terms and conditions of the workplace ag reementcr'code of conduct, severe penalties can apply. Fines and Disciplinary Action Fines and disciplinary action will be taken against unions and/or employees for breach of the Fair Work Act or work agreements for: illegal strikes misconduct causing injuries breaking the workplace agreement failing to abide by rules and regulations committing a crime If they constantly offend, they should be disciplined. Constant monitoring of th eir progress is necessary to ensure that they remain on track and improve, but if that was not the case, procedural action should be taken. The manager or counsellor has the task of speaking to those employees and impressing upon them the seriousness of the situ ation. If they have been counselled on various occasions and have agreed to a plan of action but still have not made any attemp t to improve, they should be warned that they face the sack. Employees can be penalisecl in the following ways: fines reduction of benefits reduction in pay suspended for a fixed period of time dismissal The Australian Building and Construction Commission (ABCC) The ABCC is the building industry watchdog created by the Federal Government to investigate breaches of the pertinent legislation in the building industry in Australia. Its task is to ensure industr ial harmony and prevent illegal industrial action by employers and unions. The Australian economy and community must not be put at risk. Powers ofABCC investigators The ABCC investigates contraventions of the Building and Construction Industry I mprovement Act 2005, the Fair Work Act and the Independent Contractors Act, 2006 including issues relating to workplace agreements, Federal awards and orders of the FWA. If necessary, the ABCC can take legal action against those alleged to have contr avened the specific legislation. The ABCC will refer allegations of breaches of other laws to relevant agencies or authorities, such as the Federal Safety Commissioner, the Police, the Department of Employment and Workplace Relations or the ACCC. The ABCC continues to operate as the building industry watchdog under the curren t legislation. Compliance Powers The ABC Commissioner nay, by notice, compel a union or person(s) to attend an ex amination, Ziff provide information to answer

questions on oath, and/or produce documents. If they fail to comply with such a notice they may incur a penalty of six months' imprisonment. In addition, fines may be imposed on unlawful conduct by unions and employers ac cording to the nature of the Act.