(3) An instrument made under subsection(2) that imposes conditions relating to one particular disclosure identified in the instrument is not a legislative instrument. consider any views given by the employees or their representatives. (b) the Chair is the Head of that Statutory Agency. 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. Deputy Chair means the Deputy Chair of the ACMA. (3) A person may, on payment of the charge (if any) fixed by a determination under section60: (b) make a copy of, or take extracts from, the Register. 2022-10-26 (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. PDF Workplace privacy best practice guide - Fair Work Except as otherwise provided by or under this or any other Act, the ACMA is not subject to direction by or on behalf of the Commonwealth. (b) that would, in the ACMAs opinion, have a significant effect on competition or consumer protection. Work health and safety (WHS) involves managing risks to the health and safety of everyone in your workplace, including your: workers. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. (a) stating any matter with respect to a delegation under subsection(1); and. 62B Decisions relating to the Commonwealth etc. allows employees to be represented during the consultation (for example, by an elected employee or a representative from a union). Australian Communications and Media Authority Act 2005 - Legislation View tailored information relevant to you. Employment Law in Australia | Fair Work Act | Employsure Fair Work Legislation Amendment Regulations 2022: Fair Work Regulations 2009. Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022. s 3. am No 124, 2007; No 178, 2007; No44, 2012; No 25, 2015; No 38, 2015; No 85, 2017. s 4. am No124, 2007; No 109, 2014; No 25, 2015. s 6. s 8. am No89, 2006; No177, 2007; No103, 2010; No46, 2011; No44, 2012; No 38, 2015. s 9. s 10.. am No153, 2006; No124, 2007; No8, 2010; No 25, 2015; No 38, 2015; No 113, 2017; No 28, 2018. s 12.. s 13.. s 18.. s 22.. s 23.. s 25.. s 26.. s 29.. s 30.. s 34.. s 39.. s 40.. s 44.. s 47.. s 48.. s 53.. am No 124, 2007; No 36, 2011; No 22, 2015; No 25, 2015; No 126, 2015, am No 93, 2017; No 28, 2018; No 95, 2018. s 55.. am No 5, 2011 (md Sch 6 item122); No 62, 2014. s 56.. s 57.. am No8, 2010; No44, 2012; No 25, 2015; No 38, 2015; No 51, 2017; No 85, 2017; No 25, 2018. s 59F s 59J s 63.. Act No. (2) If the Minister is authorised to make an instrument under a law specified in a determination under subsection(1), the instrument may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, the provisions of a determination under subsection(1) as in force from time to time. Thank you for your feedback. (a) stating any matter with respect to the performance of a delegated function or exercise of a delegated power; and. (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. When running a business, youre likely to face challenges that affect both your business and your employees. Employers. Read the consultation and dispute resolution clauses set out in your award or registered agreement. (4) For the purposes of a particular proposed decision, this section applies to an associate member as if the associate member were a member, if that proposed decision relates to a matter connected with an inquiry, investigation, hearing or other matter specified in the associate members instrument of appointment. Australia's national workplace relations system - Department of An employer working at best practice will routinely consult with its employees on these important issues. Part2ACMAs establishment, functions, powers and liabilities. Agency responsible: Department of Employment. give prompt consideration to any matters raised by the employees and their representatives. Employers who take a consultative and cooperative approach still have the right to make the final decision on how to manage their business. (4) An associate members instrument of appointment must contain a statement to the effect that the associate members appointment relates to 1 or more specified matters, being: (a) an inquiry, investigation or hearing; or. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The annual report prepared by the Chair and given to the Minister under section46 of the Public Governance, Performance and Accountability Act 2013 for a period must include: (a) a copy of each direction given to the ACMA under section14 during the period; and. a criminal offence) to record conversations if you yourself are not a party to the conversation. Our automatic translation service can be used on most of our pages and is powered by Microsoft Translator. View tailored information relevant to you. If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Federal Register of Legislation - Australian Government means the Australian Communications and Media Authority. These include: Discussing workplace issues can be difficult for both employers and employees, especially when emotions are involved. Set aside enough time to get the most out of the discussion, Hold the workshop somewhere where your employees wont be distracted by work, Make sure the senior people in your business attend, Begin by outlining the proposed changes and encourage questions to make sure everyone understands the facts, Have the group brainstorm ideas and record all the points (SWOT analysis can be a useful approach), Prioritise - ask the group to each identify their top 3 points. Making sure staff are aware of their classifications within their award or agreement can also help staff understand your expectations. Existing processes for sharing information may be insufficient to properly consult on important issues. A safety net of minimum terms and conditions of employment. Role model the standard of communication you want and, if needed, work on your own communication skills, Recognise employees who communicate effectively and constructively, Take the time to explain your expectations about communication to new employees before they start. (b) the member or associate member fails, without reasonable excuse, to comply with section29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section. they knew or should have known that at least 1 of the employees was a union member. (1) An associate member is entitled to attend, and participate in discussions at, a meeting of the ACMA while the meeting is considering a matter connected with an inquiry, investigation, hearing or other matter specified in the associate members instrument of appointment. 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. 15 ACMA not otherwise subject to direction. 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. The Fair Work Act requires an employer to notify or consult with a union if: The employees dont need to be covered by an award or enterprise agreement. (4) The ACMA may revoke a persons appointment to the Forum. (2) Subject to subsection(3), a Division may determine its own rules relating to meetings, including (for example) rules about the following: (d) how decisions are made at meetings, including quorum requirements and voting entitlements and procedures. Schedule 10 has effect 10. by associate members at meetings. (2) The Forums function is to assist the ACMA to perform the ACMAs functions in relation to matters affecting consumers. Total periods of appointment must not exceed 10 years. (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. The following initiatives can be used to promote effective communication in your workplace: Improve your communication with these tips: Before consulting your employees about a proposed workplace change, you need to consider what that change might mean for your business. 16 Act excludes some State and Territory laws 17 Awards, agreements and Commission orders prevail over State and Territory law etc. (b) keep a record of decisions made in accordance with section48. (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. customers. If the award also has rules about rostering and ordinary hours (for example in a different clause), the employer needs to follow those rules first. (b) would have been entitled to prevent another person from passing off, by means of the use of the name or the symbol or a similar name or symbol, goods or services as the goods or services of the firstmentioned person. Generally, state laws cover the installation and use of CCTV, and some states also have specific workplace surveillance laws. The Office of the Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters and community. take care with written communications, such as emails. Being consulted about important decisions in the workplace can improve an employees engagement with their work. (1) An ACMA official authorised by the Chair, in writing, for the purposes of this section may disclose authorised disclosure information to any of the following authorities if the Chair is satisfied that the information will enable or assist the authority to perform or exercise any of its functions or powers: (a) the Australian Bureau of Statistics; (b) the Australian Competition and Consumer Commission; (c) the Australian Prudential Regulation Authority; (d) the Australian Securities and Investments Commission; (f) the Secretary of the Department administered by the Minister administering the Foreign Acquisitions and Takeovers Act 1975 or an APS employee in that Department whose duties relate to that Act; (g) the Secretary of the Department administered by the Minister administering the Classification (Publications, Films and Computer Games) Act 1995 or an APS employee in that Department whose duties relate to that Act; (ga) the Secretary of the Department administered by the Minister administering the Migration Act 1958 or an APS employee in that Department whose duties relate to that Act; (h) the Secretary of the Department administered by the Minister administering the Telecommunications (Interception and Access) Act 1979 or an APS employee in that Department whose duties relate to telecommunications or law enforcement; (j) the Director of Public Prosecutions; (k) the Australian Security Intelligence Organisation; (ka) the Australian Signals Directorate; (l) an authority of a State or Territory responsible for enforcing one or more laws of the State or Territory; (m) the Regional Telecommunications Independent Review Committee; (n) the Telecommunications Industry Ombudsman; (na) the Secretary of the Department administered by the Minister administering Part2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 or an APS employee in that Department whose duties relate to that Part; (o) an authority of a foreign country responsible for regulating matters relating to communications or media (including, for example, matters relating to broadcasting or the internet); (p) an authority of a foreign country responsible for regulating matters relating to the provision of gambling services. (3) Otherwise, an instrument made under regulations made for the purposes of paragraph(1)(b) is a legislative instrument. (ii) is, for any reason, unable to perform the duties of the office. Workplace Relations Act 1996 - Legislation (4) The Chair may grant leave of absence to any parttime member, or parttime associate member, on the terms and conditions that the Chair determines. The Minister may appoint a person to act as an associate member during any period, or during all periods, when an associate member: (b) is absent from duty or from Australia; or. 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. (1) The ACMA is to hold such meetings as are necessary for the efficient performance of its functions. Best practice doesnt look the same for all employers. (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. 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. improved employee engagement and performance. The National Employment Standards (NES) are the minimum standards of employment set out in the Fair Work Act 2009 (Act) which apply to all national system employees and employers, covered by the Act and related industrial instruments such as modern awards and enterprise agreements. The Fair Work Act sets out other situations where an employer must engage with its employees or their representatives. (1) The appointer must terminate the appointment of a member or associate member if the Minister is of the opinion that the performance of the member or associate member has been unsatisfactory for a significant period of time. A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. The Office of the Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters and community. (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. The information contained in this fact sheet is general in nature. 52, 2006 made under the Fair Work (Registered Organisations) Act 2009 and Workplace Relations Amendment (Work Choices) Act 2005 Compilation No. (b) Australian Communications and Media Authority. when bargaining in good faith in the negotiation of the terms of an enterprise agreement, where an employee who is entitled to request a flexible working arrangement makes such a request, when negotiating an individual flexibility arrangement with an employee under an award or enterprise agreement, when an employee is on parental leave, and the employer makes a decision that will have a significant effect on the employees pre parental leave position. 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. Copyright Fair Work Ombudsman, Translate this website. Associate members to be treated as members for certain purposes in other Acts. 13 14 50. they decide to dismiss 15 or more employees for economic, technological, structural or similar reasons; and. (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. Awards contain standard consultation clauses. Employers and employees are both responsible for communicating with each other at and about work. (d) the purposes of the ACMA include the functions of the ACMA referred to in Division2 of Part2. (2) In performing a function, or exercising a power, delegated under subsection(1), the delegate must comply with any directions of the Chair. Call the Fair Work Info line on 131394. Protections against unfair or unlawful termination of employment. It sets out employers' obligations in relation to employee records (Section 535). Part7Advisory committees and the Consumer Consultative Forum. (1) The ACMAs additional functions are as follows: (a) if a written instruction issued by the Minister to do so is in forceto prepare to provide for the management of electronic addressing: (i) of a kind specified in the instruction; and. prohibited interactive gambling service has the same meaning as in the Interactive Gambling Act 2001. (4) Otherwise, an instrument made under subsection(2) is a legislative instrument. Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. Employers can read the Fair Work Ombudsman's, Small business owners can call the Small Business Helpline on. (6) The appointer may terminate the appointment of a parttime member if the member is absent, except on leave of absence, from 3 consecutive meetings of the ACMA. These consultation requirements fall under state or territory work health and safety laws. (2) The Minister may appoint a person to act as a member (other than as Chair or Deputy Chair): (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or. (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (b) the Chair is the accountable authority of the ACMA; and, (c) the ACMA officials are officials of the ACMA; and. Note: Subsection299(1) (in Part13) of the Telecommunications Act 1997 prohibits an ACMA official who has received information as described in that subsection from disclosing the information, except in certain circumstances. The organisation felt pleased theyd thought of an original approach that worked for this situation that was co-designed with employees. If no determination of that remuneration by the Tribunal is in operation, the member or associate member is to be paid the remuneration that is prescribed in the regulations. If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Employment 8. 12.1 Mandatory Procedures for Determining Whether an APS Employee Has Breached the APS Code of Conduct and For Determining Any Sanction to be Imposed for a Breach of the APS Code of Conduct 12.2 General guidance to APS employees on the Formal Misconduct process 12.3 General guidance on managing Alleged Misconduct by Locally Engaged Staff (les) 65 Determinations may define expressions by reference to other instruments. This best practice guide is for managers and employers. (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. However, the only meetings that are to be taken into account for this purpose are meetings: (a) that the associate member was entitled to attend (see section40); and. (1) The ACMAs broadcasting, content and datacasting functions are as follows: (a) to regulate broadcasting services and datacasting services in accordance with the Broadcasting Services Act 1992; (b) to plan the availability of segments of the broadcasting services bands on an area basis; (c) to allocate, renew, suspend and cancel licences and to take other enforcement action under the Broadcasting Services Act 1992; (d) to conduct investigations or hearings relating to the allocating of licences for community radio and community television services; (e) to conduct investigations as directed by the Minister under section171 of the Broadcasting Services Act 1992; (f) to design and administer pricebased systems for the allocation of commercial television broadcasting licences and commercial radio broadcasting licences; (g) to collect any fees payable in respect of licences; (h) to conduct or commission research into community attitudes on issues relating to programs and datacasting content; (i) to assist broadcasting service providers and datacasting service providers to develop codes of practice that, as far as possible, are in accordance with community standards; (j) to monitor compliance with those codes of practice; (k) to develop program standards relating to broadcasting in Australia; (l) to monitor compliance with those standards; (m) to monitor and investigate complaints concerning broadcasting services (including national broadcasting services) and datacasting services; (ma) to monitor compliance with the online content service provider rules; (n) to inform itself and advise the Minister on technological advances and service trends in the broadcasting industry, internet industry and datacasting industry; (o) such other functions as are conferred on the ACMA by or under: (i) the Australian Broadcasting Corporation Act 1983; or, (ii) the Broadcasting Services Act 1992 (other than Part14AA or Schedule5 or 7); or, (iii) the Interactive Gambling Act 2001; or.
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