3.4.9 Safe Work Australia has published Dealing with Workplace BullyingA Workers Guide to help employees determine if workplace bullying is occurring and how the matter may be resolved. 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. Employees have a diverse range of backgrounds and life experience. (5) This section does not affect the Ministers powers under the Broadcasting Services Act 1992 to give directions to the ACMA. Transport, Regional Development and Communications: Incorporated Amendments. It uses examples and tools you can apply to your own workplace. Employers should be aware they might have additional consultation duties with employees who have health, safety and welfare issues in the workplace. Part4Decisionmaking and delegation by ACMA. (2) The Chair and the Deputy Chair must be appointed as fulltime members. Consultation is also required in some situations. Delegations by a Division.. 36, 53. Limit on powers delegable to persons other than Divisions.. 37, Part5ACMAs staff etc. (1) A person commits an offence if the person: (a) uses in relation to a business, trade, profession or occupation; or, (b) uses as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship or craft (including aircraft); or, (c) applies, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let on hire; or. An outside facilitator helped with the process. (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. (5) For the purposes of subsection(2), a period of appointment includes (in addition to any periods when the person was an associate member of the ACMA): (a) a period when the person was a member of the ACMA; or, 26 Acting appointmentsassociate members. (1) An associate member holds office for the period specified in his or her instrument of appointment. (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. We pay our respect to them and their cultures, and Elders, past, present and future. These include: Discussing workplace issues can be difficult for both employers and employees, especially when emotions are involved. (2) This section does not apply to decisions relating to bringing proceedings against the Commonwealth or such an authority. When does an inquiry, investigation or hearing end? This is a compilation of the Australian Communications and Media Authority Act 2005 that shows the text of the law as amended and in force on 1 September 2018 (the compilation date). Regularly share information about the business. (a) determine rules that purport to exclude the operation of, or that are inconsistent with, rules made for the purposes of section29 of the Public Governance, Performance and Accountability Act 2013, or any provision of this Act (other than subsection(1) of this section); or. These require employers to consult with employees and their representatives if: An employer who intends to change regular rosters or ordinary hours of work at a workplace must consult with employees affected by the change first. When running a business, youre likely to face challenges that affect both your business and your employees. Under occupational health and safety legislation, employers and employees are required to comply with any measures that promote health and safety in the workplace. Most awards and agreements require making a copy of the award or enterprise agreement available and easily accessible to staff. (4) The ACMA may revoke a persons appointment to the Forum. For 10 year rule, count membership and ABA and ACA membership and associate membership. (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. (1) An ACMA official may disclose authorised disclosure information to a Royal Commission (within the meaning of the Royal Commissions Act 1902). (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. For professionally translated information, select your language below. 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. An enterprise agreement must contain a consultation term that: Any agreement lodged without a consultation clause will automatically have a model consultation term included in the agreement. Cooperation means working together harmoniously to find solutions. (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. Such an assignment must be in writing. (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. Workplace problems Problems happen in every workplace from time to time. Existing processes for sharing information may be insufficient to properly consult on important issues. (c) is, for any reason, unable to perform the duties of the office. 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. Finally, ask the group to break into smaller groups to talk about the priority issues further. (3) A member, other than the Chair or the Deputy Chair, may be appointed as a fulltime member or as a parttime member. A system of enterprise-level collective bargaining underpinned by bargaining obligations and rules governing industrial action. (2) Proceedings brought against the Commonwealth in relation to the functions or powers of the ACMA may be brought against the Commonwealth in the name of the ACMA. 4 When does an inquiry, investigation or hearing end? A good communication channel will have the following key elements: Some examples of communication methods include: Using a variety of different communication channels isnt very effective if the quality of the communication is poor. A single day to be fixed by Proclamation. 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. (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. (a) stating any matter with respect to the performance of a delegated function or exercise of a delegated power; and. Workplace privacy - Best Practice Guide www.fairwork.gov.au | Fair Work Infoline: 13 13 94 | ABN: 43 884 188 232 5 . (b) the Chair is the Head of that Statutory Agency. 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). (b) that would, in the ACMAs opinion, have a significant effect on competition or consumer protection. (2) Meetings are to be held at such times and places as the ACMA decides. There are many ways you can continue to communicate in the workplace, including: Setting clear expectations from the start of employment and making important workplace information readily available can help prevent workplace problems. Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. Please note that comments aren't monitored for personal information or workplace complaints. (4) Otherwise, an instrument made under subsection(2) is a legislative instrument. They cant make the changes without consent by just using the consultation clause. Some meetings were 1-on-1 and some were in teams. Sometimes these challenges are small, such as introducing a new staff training program. (ii) an associate member who participated, or could have participated, in the making of the Divisions decision to perform the delegated function or exercise the delegated power; (3) A document purporting to be a certificate mentioned in subsection(2) is taken to be such a certificate and to have been duly given unless the contrary is established. (1) This section defines when an inquiry, investigation or hearing ends for the purposes of this Act. Under section 184 of the Criminal Code, it is only illegal (i.e. (1) The ACMA is to hold such meetings as are necessary for the efficient performance of its functions. (4) The ACMA may give an advisory committee written directions as to: (a) the way in which the committee is to carry out its functions; and. (b) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision. (2) If the Chair is not present at a meeting, the Deputy Chair presides. 07/Jan/2023: F2023C00022: 38: 01/Jan/2023: . Employers need to know their rights and obligations in their workplace. by associate members at meetings. (2) Subsection(1) applies in addition to any rules made for the purposes of that section. (1) The ACMA may, by written instrument, make determinations fixing charges for: (b) any matter in relation to which expenses are incurred by the ACMA under: (iii) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or, (iv) the Radiocommunications Act 1992; or, (v) the Broadcasting Services Act 1992; or. It also has practical tips and case studies to help you move your business towards best practice. Yes No Further advice Schedule 10 has effect 10. Legislation We administer acts and regulations relating to work health and safety (WHS), explosives and the transportation of dangerous goods. In this Act, unless the contrary intention appears: ACMA means the Australian Communications and Media Authority. 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 also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 18 Act may exclude State and Territory laws in other cases Part 2Australian Fair Pay Commission Part 3Australian Industrial Relations Commission Part 4Australian Industrial Registry Part 5The Employment Advocate 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 44 of 2005 as amended, taking into account amendments up to Broadcasting Legislation Amendment (Foreign Media Ownership, Community Radio and Other Measures) Act 2018, Administered by: Infrastructure, Transport, Regional Development and Communications, that shows the text of the law as amended and in force on, The notes at the end of this compilation (the. (vi) an instrument made under an Act referred to in subparagraph(ii), (iii), (iv) or (v); and specifying the persons by whom, and the times when, the charges are payable. On 10 November 2020, Western Australia passed a version of the model laws, which became operational on 31 March 2022. If you have a question about your work or a workplace issue, we encourage you to speak to your employer about it first. ACMA staff means the staff described in section54. additional functions, in relation to the ACMA, has the meaning given by section11. However, a later appointment must not result in the sum of the persons periods of appointment exceeding 10 years. The national workplace relations system is established by theFair Work Act 2009and other laws and covers the majority of private sector employees and employers in Australia. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. For more information about any editorial changes made in this compilation, see the endnotes. (2) Subsection(1) is subject to a contrary intention in the other Act. 40 Participation etc. A system of enterprise-level collective bargaining underpinned by bargaining obligations and rules governing industrial action.