Consultation is most effective when its carefully considered and planned. Consider the information and ideas shared by staff. Employers need to know their rights and obligations in their workplace. Employees have a diverse range of backgrounds and life experience. Best practice doesnt look the same for all employers. Under occupational health and safety legislation, employers and employees are required to comply with any measures that promote health and safety in the workplace. Participation etc. Management made a conscious decision to be open and honest about the problems they were having. Good communication practices can help prevent workplace problems from occurring, and resolve issues quickly. The ACMA has the functions described in this Division. (a) this Act to a vacancy in the office of a member; or. It makes sense to spend some time with them to explain how the business expects employees to communicate with each other. (b) a transmission or radio emission covered by subsection20(1) or section21 or 22 of that Act. For professionally translated information, select your language below. Most businesses use more than one method. Employers who take a consultative and cooperative approach still have the right to make the final decision on how to manage their business. (d) information that was given in confidence to the ACMA by a government authority of a foreign country. (8) If the Minister is of the opinion that the members have failed to comply with section56 or 57, the GovernorGeneral may terminate the appointment of all members or particular members. 53 Limit on powers delegable to persons other than Divisions. The managers invited employees to take part in talking circles where they could talk about the impact of the proposed changes on their jobs, make suggestions and evaluate options. 63 Chair not subject to direction by ACMA on certain matters. The Corporations Act regulates matters including how to register a company and how businesses should behave during insolvency. This Part does not authorise a disclosure of information that is prohibited by Part13 of the Telecommunications Act 1997. An internal communication strategy outlines exactly how your business will deliver key messages to your staff. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). means the Australian Communications and Media Authority. A system of enterprise-level collective bargaining underpinned by bargaining obligations and rules governing industrial action. The Chair is not subject to direction by the ACMA in relation to the Chairs performance of functions, or exercise of powers, under the Public Governance, Performance and Accountability Act 2013 or the Public Service Act 1999. (1) At a meeting of the ACMA, a quorum is constituted by a majority of the members. Protections against unfair or unlawful termination of employment. 1) 2015, Sch 2 (items79) and Sch 7: 14 Apr 2015 (s 2), Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015, Sch 1 (item486): 5 Mar 2016 (s2(1) item2), Sch 1 (item495): 5 Mar 2016 (s2(1) item2), Omnibus Repeal Day (Autumn 2014) Act 2014, Sch 2 (items5, 24): 17Oct 2014 (s 2(1) item2), Broadcasting and Other Legislation Amendment (Deregulation) Act 2015, Sch 1 (item1): 20 Mar 2015 (s 2(1) item2) Sch 2 (item1): 19 Mar 2015 (s 2(1) item3), Enhancing Online Safety for Children (Consequential Amendments) Act 2015, Sch 2 (items18) and Sch 3: 1July 2015 (s 2(1) items4, 6), Telecommunications Legislation Amendment (Deregulation) Act 2015, Sch 1 (items46, 138163): 1July 2015 (s 2(1) item3) Sch 2 (items1, 2): 14 Apr 2015 (s2(1) item4), Sch 1 (item44): 5 Mar 2016 (s 2(1) item2), Enhancing Online Safety for Children Amendment Act 2017, Sch 1 (items28, 29, 4851): 23June 2017 (s2(1) item1), Interactive Gambling Amendment Act 2017, Sch 1 (items15, 147149): 13 Sept 2017 (s 2(1) item2), Sch 1 (items3, 4): 20Sept 2017 (s 2(1) item2), Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017, Sch 5 (items1113, 2225) and Sch 6 (items1, 2, 3842): 17 Oct 2017 (s 2(1) items12, 13, 15), Sch 5 (items2225) and Sch 6 (items3842), Intelligence Services Amendment (Establishment of the Australian Signals Directorate) Act 2018, Sch 1 (items44, 100108): 1July 2018 (s 2(1) item2), Communications Legislation Amendment (Online Content Services and Other Measures) Act 2018, Sch 1 (items1, 2): 12Apr 2018 (s 2(1) item1), Broadcasting Legislation Amendment (Foreign Media Ownership, Community Radio and Other Measures) Act 2018, Sch 1 (item1): 1 Sept 2018 (s 2(1) item1). (c) Part5 of Schedule6 to the Broadcasting Services Act 1992. listed carriage service has the same meaning as in the Telecommunications Act 1997. member means a member of the ACMA, and does not include an associate member. Call the Fair Work Info line on 131394. (5) This section does not affect the Ministers powers under the Broadcasting Services Act 1992 to give directions to the ACMA. Best practice employers create a consultation strategy whenever they need to consult with staff about significant workplace change. Person not to use protected name or protected symbol. 67. ACMA to maintain Register of policy notifications and Ministerial directions. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. Note 1: Paragraph 11(1)(a) is about the ACMA preparing to provide for the management of electronic addressing, and paragraph11(1)(b) is about the ACMA providing for the management of electronic addressing. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022. 2022-10-26 (3) The ACMA may revoke a persons appointment to an advisory committee. The model laws have been implemented in all jurisdictions except Victoria. (2) An ACMA official may disclose to a Minister authorised disclosure information that relates to a matter arising under a provision of an Act that is administered by that Minister. (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. They also asked each team to consider sales and financial data and suggest ways they could respond to lower sales. be open, honest, respectful and comprehensive in your communication with all employees, including about standards of conduct and behaviour in the workplace ensure our workplace culture, practices and systems (including recruitment and promotion) are consistent with the ethical values (ii) radiocommunications receivers (within the meaning of that Act). Employees have a responsibility just like employers to make sure they communicate effectively in the workplace. (2) Each associate member is to be appointed by the Minister by written instrument. (1) Subject to section53, a Division may delegate all or any of the functions and powers delegated to it under section50 to: (2) The delegation continues in force despite a change in the membership of the Division. Legislation: Fair Work Act 2009. Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021. Any other statement in column 2 has effect according to its terms. (b) that would, in the ACMAs opinion, have a significant effect on competition or consumer protection. Cooperation means working together harmoniously to find solutions. Division means a Division as described in section46. ends, in relation to a hearing, inquiry or investigation, has the meaning given by section4. foreign country includes a region, where: (a) the region is a colony, territory or protectorate of a foreign country; or, (b) the region is part of a foreign country; or, (c) the region is under the protection of a foreign country; or, (d) a foreign country exercises jurisdiction or control over the region; or. It uses examples and tools you can apply to your own workplace. Employers can read the Fair Work Ombudsman's, Small business owners can call the Small Business Helpline on. Contacting the Translating and Interpreting Service (TIS) on They aim for a genuine exchange of information and opinions and collaborate to reach solutions. (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. The endnotes provide information about this compilation and the compiled law. Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. Some problems are easy to fix with just a simple conversation. The Act gives a framework for workplace relations. Existing processes for sharing information may be insufficient to properly consult on important issues. (3) A member, other than the Chair or the Deputy Chair, may be appointed as a fulltime member or as a parttime member. (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. This means that if the award says that the employer needs the employees consent to make any changes to their roster or ordinary hours, this applies. Here is a list of some of the most important workplace relations legislation that governs industrial relations and employment relationships in Australia: Fair Work Act 2009 National Employment Standards (NES) Work Health and Safety Standards (WHS) State and Federal anti-discrimination laws Privacy Act 1988 Get Workplace Advice Now (1) A fulltime member or fulltime associate member has the recreation leave entitlements that are determined by the Remuneration Tribunal. How will you help your employees understand the change and its potential impact on them? 17 ACMA to consult ACCC in relation to management of electronic addressing. Full details of any changes can be obtained from the Office of Parliamentary Counsel. (b) ensure such a determination is in force at all times while the Division continues to exist. This means it is not a "criminal offence" to record your own conversations at work even if the other people being recorded do not know they are being recorded. (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. On 10 November 2020, Western Australia passed a version of the model laws, which became operational on 31 March 2022. (b) persons who sell, hire, manufacture or import: (i) radiocommunications transmitters (within the meaning of the Radiocommunications Act 1992); or. (1) An associate member holds office for the period specified in his or her instrument of appointment. 61 Charges are payable to the Commonwealth. The Australian Communications and Media Authority (the ACMA) is responsible for a broad range of functions which are spread across multiple pieces of legislation including the Telecommunications Act 1997, Broadcasting Services Act 1992 and Australian Communications and Media Authority Act 2005. SWOT is a commonly used business analysis and decision-making tool. There are many ways to consult with employees, but key elements include: Your consultation plan should set out how consultation will occur and who will be involved. Yes No Further advice (2) If the Chair is not present at a meeting, the Deputy Chair presides. The privacy of Australians is also protected by the . To find out how to solve a wide range of workplace problems, see our Fixing a workplace problemsection. Each jurisdiction has a WHS regulator that: enforces WHS laws inspects workplaces gives advice. premises. 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 following endnotes are included in every compilation: The abbreviation key sets out abbreviations that may be used in the endnotes. (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. Best practice employers know how to communicate effectively and encourage their managers and workers to also communicate clearly, honestly and respectfully. (b) the disclosure is in accordance with that consent. take care with written communications, such as emails. Find more information in our Consultation and cooperation in the workplace guide. It explains the advantages of taking a best practice approach to consultation and cooperation in your business. If you have a question or concern about your job, entitlements or obligations, please Contact us. A system of enterprise-level collective bargaining underpinned by bargaining obligations and rules governing industrial action. Some public sector, state and local government employees, and some private sector employees in Western Australia . The Office of the Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters and community. (6) Subject to the Chairs right of election under subsection(3), the ACMA may remove a member or associate member from a Division. Requirements to consult with employees about significant changes in the workplace are set out in legislation, awards and enterprise agreements. This includes laws applying to the monitoring and recording of telephone conversations. Delegations by a Division.. 36, 53. Limit on powers delegable to persons other than Divisions.. 37, Part5ACMAs staff etc. (2) However, such a direction can only be of a general nature if it relates to: (a) the ACMAs broadcasting, content and datacasting functions; or. The Corporations Act 2001 is the main legislation regulating companies in Australia. Content last updated: (a) rules made for the purposes of section29 of the Public Governance, Performance and Accountability Act 2013 prevent a member from participating in the deliberations, or decisions, of the ACMA with respect to a particular matter; and. (4) The appointer may terminate the appointment of a member or associate member if: (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or, (iii) compounds with his or her creditors; or, (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or. Victoria is the only jurisdiction who has not implemented the model WHS laws. To run an effective consultation workshop: The purpose of consultation is to genuinely listen to your employees and consider their input. (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. Workplace Relations Regulations 2006 Select Legislative Instrument No. Call through the National Relay Service (NRS): The Fair Work Ombudsman is committed to providing you with advice that you can rely on. It sets out employers' obligations in relation to employee records (Section 535). (a) at a meeting of the Division (see section47); or. For 10 year rule, count membership and ABA and ACA membership and associate membership. However, a later appointment must not result in the sum of the persons periods of appointment exceeding 10 years. (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. You can use our templatesto set out clear expectations of your employees' role and workplace behaviour. Check that the language you use is clear and will not intimidate or offend the recipient. (b) a design that is registered under the Designs Act 2003; and was registered under the Trade Marks Act 1995 or the Designs Act 1906 immediately before 11May 2004 in relation to the name or symbol. 4 When does an inquiry, investigation or hearing end? Below are initiatives and suggestions that can help you move your business towards best practice. (4) A Division can also include 1 or more associate members as chosen from time to time by the ACMA if, for that associate member, or for each of those associate members, the kinds of matters the Division can deal with include a matter connected with an inquiry, investigation, hearing or other matter specified in the associate members instrument of appointment. telecommunications functions, in relation to the ACMA, has the meaning given by section8. vacancy, in relation to the office of a member, has a meaning affected by section5. (3) If neither the Chair nor the Deputy Chair is present at a meeting, the members present must appoint 1 of themselves to preside. The ACMA must keep minutes of its meetings. If they're not dealt with, they can make workplaces unproductive and difficult for everyone. 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 Broadcasting Services Act 1992). An ACMA official may disclose authorised disclosure information if it is already publicly available. (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. requires the employer to consult with employees about any major workplace changes or changes to their regular roster or ordinary hours of work. Such an assignment must be in writing. The ACMAs spectrum management functions are as follows: (a) to manage the radiofrequency spectrum in accordance with the Radiocommunications Act 1992; (b) to advise and assist the radiocommunications community; (c) to report to and advise the Minister in relation to the radiocommunications community; (d) to manage Australias input into the setting of international standards for radiocommunications (except so far as Standards Australia is responsible for managing that input); (e) to make available to the public information about matters relating to the radiocommunications community; (f) to conduct public educational programs about matters relating to the radiocommunications community; (g) to give advice to the public about matters relating to the radiocommunications community; (h) such other functions as are conferred on the ACMA by or under: (i) the Radiocommunications Act 1992 (other than a provision of that Act covered by paragraph10(1)(p)); or, (ii) the Radiocommunications (Receiver Licence Tax) Act 1983; or, (iii) the Radiocommunications (Spectrum Licence Tax) Act 1997; or, (iv) the Radiocommunications Taxes Collection Act 1983; or, (v) the Radiocommunications (Transmitter Licence Tax) Act 1983; or. (4) For the purposes of a particular proposed decision, this section applies to an associate member in the Division as if the associate member were a member in the Division, 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. 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, Consultation & cooperation in the workplace, Use of individual flexibility arrangements, An employer's guide to employing young workers, Aboriginal and Torres Strait Islander peoples, Consultation and cooperation in the workplace, Using best practice to support consultation and cooperation in the workplace, Find out more about workplace entitlements and obligations during coronavirus, Difficult conversations in the workplace online course, better decision making when employees have input, easier change implementation, as employees have been involved in the planning process, better business performance during change, as less time is spent on responding to misunderstandings, rumours or disputes. The Department of Home Affairs administers the Telecommunications (Interception and Access) Act 1979 (TIA Act) and the Surveillances Devices Act 2004 (SD Act). First, identify all the SWOT points for the change. seek feedback on how your employees are receiving your communications. (5) This section does not apply to services or facilities provided under contract. 65 Determinations may define expressions by reference to other instruments. (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. 120, 2019 An Act to amend laws relating to communications, and for related purposes [Assented to 12 December 2019] The Parliament of Australia enacts: 1 Short title This Act is the Communications Legislation Amendment (Deregulation and Other Measures) Act 2019. Relationship with Part13 of the. An employer working at best practice will routinely consult with its employees on these important issues. The key points to communicate to your staff are: electronic communications and social media aren't private (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. 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. Superseded. 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. (d) the purposes of the ACMA include the functions of the ACMA referred to in Division2 of Part2. (vi) Part14AA of the Broadcasting Services Act 1992; (i) to monitor, and to report to the Minister on, the operation of each Act specified in paragraph(h), to the extent it is so specified; (j) to do anything incidental to or conducive to the performance of any of the above functions. Fair Work Commission Amendment (Stop Sexual Harassment) Rules 2021. (b) the Chair is the Head of that Statutory Agency. (1) The fact that the ACMA does not have a legal identity separate from the Commonwealth does not affect the performance of the ACMAs functions in making, or the exercise of the ACMAs powers to make, decisions relating to: (b) any authority of the Commonwealth that is not a body corporate. (1) Subject to subsection(2), the following provisions apply in relation to meetings of a Division: (a) a member in the Division may call a meeting by giving notice of the meeting to the other members in the Division; (b) a quorum at a meeting is a majority of the members for the time being in the Division; (i) rules made for the purposes of section29 of the Public Governance, Performance and Accountability Act 2013 prevent a member in the Division from participating in the deliberations, or decisions, of the Division with respect to a particular matter; and. (b) for the services of the ACMA staff to be made available for the purposes of the authority. 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. (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.
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