(1) A corporate plan prepared by the Chair under section35 of the Public Governance, Performance and Accountability Act 2013 must include details of such other matters (if any) as the Minister requires. the new technology will improve worker productivity (S), because its new technology, there may be teething problems at the start (W), it should ultimately allow the business to produce more at a lower cost (O). The Legislation Register is managed by the Office of Parliamentary Counsel . Best practice employers communicate with employees about the business impacts of coronavirus and consult with employees about how they might change their operations and respond to new opportunities. If you are unsure about how it applies to your situation you can call our Infoline on 13 13 94 or speak with a union, industry association or a workplace relations professional. means an inquiry held, or proposed to be held, by the ACMA under: means an investigation conducted, or proposed to be conducted, by the ACMA under: means a member of the ACMA, and does not include an associate member. Note: For rules that apply to persons acting as the Chair, see section33A of the Acts Interpretation Act 1901. Sections1 and 2 and anything in this Act not elsewhere covered by this table. (d) information that was given in confidence to the ACMA by a government authority of a foreign country. (ii) relating to a kind of listed carriage service specified in the instruction under this paragraph and covered by the instruction under paragraph(a); (c) to provide services, or facilities, on behalf of the Commonwealth under a contract made by the Commonwealth, where: (i) the services or facilities relate to radiocommunications or telecommunications; or, (ii) the provision of the services or facilities utilises the ACMAs spare capacity; or. They asked employees to analyse their own roles and the roles they thought were needed for the future. (b) persons who sell, hire, manufacture or import: (i) radiocommunications transmitters (within the meaning of the Radiocommunications Act 1992); or. It makes sense to spend some time with them to explain how the business expects employees to communicate with each other. Find the contact details for your state or territory body in the Links and resources section at the end of this guide. 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. The day on which this Act receives the Royal Assent. ACMA to maintain Register of policy notifications and Ministerial directions, (b) the contents, immediately before the commencement of section6 of this Act, of the register maintained under section56 of the. It sets out employers' obligations in relation to employee records (Section 535). (2) In performing a function, or exercising a power, delegated under subsection(1), the delegate must comply with any directions of the Chair. The process took 3 to 4 months each time. It includes information on: the duties for employers in CALD workplaces Finally, consult with staff and develop a strategy to address the issues in the SWOT. (3) The appointer may terminate the appointment of a member or associate member for misbehaviour or physical or mental incapacity. Best practice employers create a consultation strategy whenever they need to consult with staff about significant workplace change. outlining where staff can access dispute resolution processes. Note: The ACMA does not have a legal identity separate from the Commonwealth. To check the consultation clause in your award use our, To check the consultation clause in an enterprise agreement- visit the Fair Work Commissions, Save results from our Pay, Shift, Leave and Notice and Redundancy Calculators. Employers are also required to notify Centrelink before dismissing 15 or more employees. (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. 10 ACMAs broadcasting, content and datacasting functions, 15 ACMA not otherwise subject to direction, 16 Consistency with CER Trade in Services Protocol, 17 ACMA to consult ACCC in relation to management of electronic addressing, 23 Acting appointmentsmembers other than the Chair, 25 Period of appointment for associate members, 27 Associate members to be treated as members for certain purposes in other Acts, Part4Decision-making and delegation by ACMA, 40 Participation etc. (5) This section does not apply to services or facilities provided under contract. An ACMA official may disclose authorised disclosure information if it is already publicly available. 95, 2015 Registered: 1 September 2015 About this compilation (1) The ACMA is to maintain a Register in which the ACMA includes: (a) all directions given to the ACMA under this Act or any other Act; and. (1) The ACMA may make a written determination defining 1 or more expressions used in specified instruments, being instruments that are made by the ACMA under 1 or more specified laws of the Commonwealth. However, an employer who conducts surveillance or monitors their staff must follow any relevant Australian, state or territory laws. (b) an APS employee in that Department who is authorised, in writing, by the Secretary of that Department for the purposes of this subsection. (b) any other matter that relates to the performance of the ACMAs functions or the exercise of the ACMAs powers. A member or associate member may resign his or her appointment by giving the appointer a written resignation. (6) The prosecution bears the evidential burden, and the legal burden, in relation to the matters in subsections(3), (4) and (5) (despite subsection13.3(3) of the Criminal Code). Fair Work Commission Amendment (Stop Sexual Harassment) Rules 2021. (ii) an associate member who participated, or could have participated, in the making of the Divisions decision to make the delegation; (5) A document purporting to be a certificate mentioned in subsection(4) is taken to be such a certificate and to have been duly given unless the contrary is established. 15 ACMA not otherwise subject to direction. Division4Requirements relating to these functions and powers. (3) The persons on the Forum are those the ACMA from time to time appoints to the Forum. Principal object 4. A structured workshop consultation process can help achieve effective consultation. (1A) Subsection(1) does not authorise the disclosure of information to an authority mentioned in paragraph(1)(ga) or (p) unless the information relates to: (a) a prohibited interactive gambling service; or. The Fair Work Act 2009(the Act) is one of the primary pieces of legislation that govern the employment relationship in most of Australia's private workplaces. South Australia and Tasmania implemented the model WHS laws on 1 January 2013. (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. Note: For rules that apply to acting appointments, see section33A of the Acts Interpretation Act 1901. (b) that would, in the ACMAs opinion, have a significant effect on competition or consumer protection. Workplace Relations Regulations 2006 Select Legislative Instrument No. Printed from fairwork.gov.au These may include: Consultation means asking for and considering employees views when making decisions. See section23 of the Public Governance, Performance and Accountability Act 2013. Cooperation means working together harmoniously to find solutions. (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. Regulations 56, Endnotes 57, Endnote 1About the endnotes 57, Endnote 2Abbreviation key 59, Endnote 3Legislation history 60, Endnote 4Amendment history 64, An Act to establish the Australian Communications and Media Authority, and for related purposes. Australia's national workplace relations system, Australian Government Apprenticeship Program, Employment Research, Evaluations and Data, Small business & the Fair Work Act - Fair Work Ombudsman. A larger-sized stationary retailer has been through two reorganisations in the past 5 years. 4 When does an inquiry, investigation or hearing end? The effect of uncommenced amendments is not shown in the text of the compiled law. Australian Government Federal Register of . key messages should be clear, consistent and given with context, the communication should invite responses. Work health and safety (WHS) involves managing risks to the health and safety of everyone in your workplace, including your: workers. (1) Without limiting the powers of the ACMA to make determinations under subsection64(1), a determination under that subsection may define an expression used in a specified instrument by applying, adopting or incorporating (with or without modifications) matter contained in any other instrument or writing whatever: (a) as in force or existing at a particular time; or. Teamwork Communication (CDCE 740) This course is designed to help IEP enhance professional success through practicing effective behaviours in the Canadian workplace environment. (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. (b) determine rules under which an associate member would be allowed to vote on a question that does not relate to a matter connected with an inquiry, investigation, hearing or other matter specified in the instrument of appointment of the associate member. (a) this Act to a vacancy in the office of a member; or. Management made a conscious decision to be open and honest about the problems they were having. visitors. (1) The Minister may give written directions to the ACMA in relation to the performance of its functions and the exercise of its powers. Each jurisdiction has a WHS regulator that: enforces WHS laws inspects workplaces gives advice. Contacting the Translating and Interpreting Service (TIS) on 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. (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. Part4Decisionmaking and delegation by ACMA. (c) information that was obtained by the ACMA as a result of the exercise of powers under a provision that: (i) allows the ACMA or an ACMA official to require a person to give information or to produce a document; and, (ii) is a provision of an Act or a legislative instrument; and, (iii) is not a provision described in paragraph(b); or. If you would like to tell us more about the information youve found today you can complete our feedback form. (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. They cant make the changes without consent by just using the consultation clause. (4) Subsection(1) has effect despite anything in the Acts Interpretation Act 1901. Associate members to be treated as members for certain purposes in other Acts. The ACMA may, subject to this Division, regulate proceedings at its meetings as it considers appropriate. (b) the contents, immediately before the commencement of section6 of this Act, of the register maintained under section56 of the Australian Communications Authority Act 1997. gambling service has the same meaning as in the Interactive Gambling Act 2001. hearing means a hearing held, or proposed to be held, by the ACMA under Part13 of the Broadcasting Services Act 1992. inquiry means an inquiry held, or proposed to be held, by the ACMA under: (a) Part25 of the Telecommunications Act 1997; or. (3) The ACMA may revoke a persons appointment to an advisory committee. The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. Participation etc. notify any employees who might be affected by the proposed changes, and their representatives, discuss the proposed changes with the affected employees and any representatives as soon as possible after a decision is made, provide them with written information about the changes, how they might affect employees, and any measures the employer will put in place to prevent or reduce any adverse effects. Victoria is the only jurisdiction who has not implemented the model WHS laws. The course is available from www.fairwork.gov.au/learning. (a) a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or, (b) a Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013; or. (v) the Special Broadcasting Service Act 1991; (p) such other functions as are conferred on the ACMA by or under the following provisions of the Radiocommunications Act 1992: (i) paragraph102B(b), 109A(1)(g) or (ga), or 131ACA(b); (ii) subsection106(6A), 109A(1A) or (1B), 114(3C) or (3E), or 128C(1); (q) to report to, and advise, the Minister in relation to the broadcasting industry, internet industry and datacasting industry; (r) to monitor, and to report to the Minister on, the operation of each Act specified in paragraph(o) or (p), to the extent it is so specified; (s) to do anything incidental to or conducive to the performance of any of the above functions. They aim for a genuine exchange of information and opinions and collaborate to reach solutions. 62B Decisions relating to the Commonwealth etc. 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. Division3Terms and conditions for members and associate members. (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. Sometimes these challenges are small, such as introducing a new staff training program. (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. On 10 November 2020, Western Australia passed a version of the model laws, which became operational on 31 March 2022. 28/Jul/2021: F2021C00732: 34: 10/Jul/2021: Part6Corporate planning and reporting by ACMA. Note: This subsection does not authorise ACMA to bring proceedings against the Commonwealth: see also subsection62B(2). (b) for the services of the ACMA staff to be made available for the purposes of the authority. (vi) PartXIC of the Competition and Consumer Act 2010; (k) to monitor, and to report to the Minister on, the operation of each Act specified in paragraph(j), to the extent it is so specified; (l) to do anything incidental to or conducive to the performance of any of the above functions. This Act may be cited as the Australian Communications and Media Authority Act 2005. Most employees are very interested in whats happening in the business and how its performing, especially if that might impact on their job security. a criminal offence) to record conversations if you yourself are not a party to the conversation. Note: The Chair may enter into contracts and other arrangements on behalf of the Commonwealth. means an official symbol of the ACMA, the design of which is prescribed in the regulations. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. (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. 3.4.10 The Fair Work Act 2009 provides that a worker may apply to the Fair Work Commission for an order to stop bullying at work from continuing. View tailored information relevant to you. 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 amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. they decide to dismiss 15 or more employees for economic, technological, structural or similar reasons; and. (3) Subsection(2) does not limit subsection(1). 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. (3) The delegation may be varied or revoked by the Division (whether or not there has been a change in the membership of the Division). Editorial changes take effect from the compilation registration date. 62 ACMAs expenses include related Commonwealth expenses. If they're not dealt with, they can make workplaces unproductive and difficult for everyone. (3) The Chair may grant another fulltime member or a fulltime associate member leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines. Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. Consultation is also required in some situations. (3) Despite subsections(1) and (2), if a member is conducting, or is part of the panel conducting, an inquiry, investigation or hearing for the ACMA, the Minister may, by writing, extend the members appointment until the end of the inquiry, investigation or hearing. Decisions relating to the Commonwealth etc. Your communications strategy should cover: Seek feedback on how your employees are receiving communications. The ACMA consists of the following members: (c) at least 1, and not more than 7, other members. We have a number of resources to help you prepare for conversations with your employer, including: Find more information on our Know your rights and obligationspage. (6) An appointment to the Forum is not a public office within the meaning of the Remuneration Tribunal Act 1973. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. (c) any other body established for a public purpose by or under a law of the Commonwealth. (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. (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. Have you recorded any decisions made and the reasons why? Every workplace can enjoy the benefits of taking a best practice approach to consultation and cooperation. (2) The other fulltime members and the fulltime associate members must not engage in paid employment outside the duties of their offices without the Chairs approval. (b) the disclosure is in accordance with that consent. allows employees to be represented during the consultation (for example, by an elected employee or a representative from a union). 59H Disclosure authorised by regulations, (a) authorise an ACMA official to disclose authorised disclosure information in specified circumstances; and. Employers. Being consulted about important decisions in the workplace can improve an employees engagement with their work. (1) The Chair presides at all meetings at which he or she is present. 4 When does an inquiry, investigation or hearing end? (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. (a) stating any matter with respect to the performance of a delegated function or exercise of a delegated power; and. Some meetings were 1-on-1 and some were in teams. 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. Generally, state laws cover the installation and use of CCTV, and some states also have specific workplace surveillance laws. means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device. Below are initiatives and suggestions that can help you move your business towards best practice. (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. (a) for a memberthe GovernorGeneral; or. Please note that comments aren't monitored for personal information or workplace complaints. (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 7 offices of members in addition to the Chair and Deputy Chair. The Office of the Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters and community. The Act also outlines a permit holder's rights to: access and inspect records (Section 482) make copies of records or documents . (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. (1) The staff of the ACMA are to be persons engaged under the Public Service Act 1999. (4) The Chair must call a meeting if requested to do so in writing by: Reasonable efforts must be made to inform the following people about proposed meetings of the ACMA: (b) if the agenda for the proposed meeting mentions a matter connected with an inquiry, investigation, hearing or other matter specified in 1 or more associate members instruments of appointmentthat associate member, or each of those associate members. (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. (3) This section has effect subject to the Remuneration Tribunal Act 1973. (ii) is, for any reason, unable to perform the duties of the office. (b) the Chair is the Head of that Statutory Agency. Skip to primary navigation Skip to primary content. Each year, the Fair Work Commission (FWC) reviews the National Minimum Wage (NMW) and minimum pay rates under awards. communicate face to face wherever possible, especially for important messages, give the communication your full attention, make your communication as clear and as honest as you can, listen reflectively and actively and check that you have heard the message correctly, respond respectfully, be empathetic (I can appreciate why you feel that way), pay attention to body language and non-verbal triggers, be aware that different cultures have different ways of communicating respectfully (for example not making eye contact or favouring private rather than public praise). Protection of workplace rights such as the right to engage in industrial activities, the right to be free from unlawful discrimination at work, and the right to be free from undue influence or pressure in negotiating individual arrangements. Total appointments must not exceed 10 years. Consistency with CER Trade in Services Protocol 17. ACMA to consult ACCC in relation to management of electronic addressing. (a) information that was given in confidence to the ACMA in connection with the performance of any of the ACMAs functions or the exercise of any of its powers; or.
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