Employment Contracts - Service Agreements

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A

'AG' matters

Matters dealt with by Fair Work Australia in relation to enterprise agreements.

allowable matters

Matters that could be included in awards and agreements under the Workplace Relations Act 1996.

APS employee

An Australian Public Service employee, engaged under the Public Service Act 1999.

'AR' matters

Matters dealt with by Fair Work Australia in relation to the obligations of registered organisations to keep records and lodge returns (other than audited financial reports) with Fair Work Australia.

arbitration

A process where Fair Work Australia determines a grievance or dispute by imposing a binding settlement. Fair Work Australia has powers of compulsory arbitration as well as offering voluntary arbitration.

associate

A Fair Work Australia member's support staff.

AusTender

A web-based application, managed by the Department of Finance and Deregulation, enabling access to Australian Government business opportunities online ( www.tenders.gov.au).

Australian Building and Construction Commission (ABCC)

An independent statutory body responsible for ensuring workplace relations laws are enforced in building and construction industry workplaces and to educate industry participants on their rights and obligations under relevant legislation. The ABCC will cease to exist on 1 February 2010; its functions will be amalgamated into a specialist division of the Office of the Fair Work Ombudsman.

Australian Fair Pay and Conditions Standard (AFPCS/the Standard)

A legislated set of key minimum entitlements of employment for employees in the national workplace relations system introduced by the Work Choices legislation. Under the Fair Work Act they will be temporarily preserved as the Transitional Australian Fair Pay and Condition Standard.

Australian Fair Pay Commission (AFPC)

An independent, statutory body responsible for setting and adjusting federal minimum wages to promote the economic prosperity of the people of Australia. The AFPC was established by the Work Choices legislation. It will be replaced by Fair Work Australia's Minimum Wages Panel from 1 August 2009.

Australian Industrial Relations Commission (AIRC/Commission)

Australia's national industrial tribunal from 1988 to 2009. Many of the AIRC's functions have been assumed by Fair Work Australia as at 1 July 2009. The AIRC will cease to exist on 31 December 2009.

Australian workplace agreement (AWA)

An individual, legally enforceable agreement between an employer and employee about the employee's terms and conditions of employment. AWAs were replaced by ITEAs.

award modernisation

A process initiated in April 2008 by the Minister for Education, Employment and Workplace Relations. It committed the Australian Industrial Relations Commission to reviewing and rationalising the number of awards by 31 December 2009.

awards

Instruments made by the Australian Industrial Relations Commission containing enforceable minimum terms and conditions of employment.

B

bargaining order

An order made on application to Fair Work Australia by a bargaining representative negotiating for a proposed enterprise agreement to ensure good faith bargaining requirements or to promote fair and efficient bargaining.

Board of Reference

A board consisting of two or more persons which allows, approves, fixes or deals with matters specified in an award.

better off overall test (BOOT)

The test that Fair Work Australia must, from 1 January 2010, apply to a proposed agreement before it can be approved. Individual flexibility arrangements under modern awards and enterprise agreements must also satisfy the test.

'BOR' matters

Matters dealt with by a Board of Reference.

'BP' matters

Matters dealt with by Fair Work Australia in relation to applications for protected action ballot orders.

C

'C' matters

Matters dealt with by Fair Work Australia (other than 'AG', 'BOR', 'BP', 'D', 'DR' and 'U' matters) including such matters as applications to vary an award and appeals to a full bench.

certified agreement

A legally enforceable collective agreement about terms and conditions of employment between an employer and a group of employees or between an employer and one or more unions. Such agreements were certified by the Australian Industrial Relations Commission.

civil remedy provision

A process to obtain penalties and compensation for certain breaches of the Fair Work Act 2009.

collective agreement

A legally enforceable agreement about terms and conditions of employment between an employer and a group of employees or between an employer and one or more unions. Collective agreements were approved by the Workplace Authority.

Commissioner

A member of Fair Work Australia or the Australian Industrial Relations Commission, other than a presidential member.

conciliation

One of the informal processes used by Fair Work Australia to facilitate the resolution of a grievance or a dispute between parties by helping them reach an agreement. Mediation is another informal technique used.

corporate governance

The process by which agencies are directed and controlled. It is generally understood to encompass authority, accountability, stewardship, leadership, direction and control.

D

'D' matters

Matters heard by a member of Fair Work Australia including such matters as applications for registration of an association as an organisation, the amalgamation of organisations and changes to eligibility rules of an organisation.

decision summaries

Summaries of federal and state industrial judgments, including industrial judgments of the High Court of Australia and the Federal Court of Australia, that are published in the weekly Fair Work Australia Bulletin.

Department of Education, Employment and Workplace Relations (DEEWR)

An Australian Government department encompassing the portfolios of education and training and employment and workplace relations.

Deputy President

A member of Fair Work Australia or the Australian Industrial Relations Commission other than the President or a Commissioner.

discrimination—direct and indirect

Direct discrimination occurs when someone is treated unfairly or less favourably in the same or similar circumstances because, for example, of their gender or race. Indirect discrimination occurs when there is a rule, policy, practice or procedure that is the same for everyone, but has an unequal or disproportionate effect for a specific group of people.

dispute resolution

The process of resolving disputes conducted by Fair Work Australia which arises from the dispute resolution procedure in awards, agreements or the Fair Work Act 2009.

'DR' matters

Matters dealt with by Fair Work Australia under the dispute resolution procedures in awards, agreements or the Fair Work Act 2009 including general protections applications.

E

'E' matters

Matters dealt with by Fair Work Australia in relation to making arrangements with the Australian Electoral Commission for the conduct of elections for an office of a registered organisation or a branch of an organisation.

enterprise agreement

Enforceable documents that cover the employment conditions of a group of employees and their employer. Enterprise agreements can include single or multi-enterprise agreements and must meet a number of tests before they can be approved by Fair Work Australia.

entry notice

A prescribed written notice provided by a union representative to an employer advising of an intention to visit the employer's premises. The person making the visit must hold a valid right of entry permit and can visit only for certain prescribed reasons including investigating suspected breaches of the Fair Work Act 2009 or a Fair Work instrument (such as an award or agreement) and holding discussions with certain employees.

F

Fair Work Act 2009 (the Act)

The principal Commonwealth law governing Australia's workplace relations system.

Fair Work Australia (FWA)

The independent, national workplace relations tribunal established under the Fair Work Act 2009. FWA assumed most of the functions of the Australian Industrial Relations Commission and the Australian Fair Pay Commission.

Fair Work Australia Bulletin

Weekly publication produced by Fair Work Australia which includes details of procedural changes and developments in Fair Work Australia, advice regarding the rights and obligations of organisations registered under the Workplace Relations Act 1996 and weekly decision summaries.

Fair Work (Registered Organisations) Act 2009 (RO Act)

The legislation that covers the registration and accountability of federally registered unions and employer associations.

Federal Court of Australia

The court with jurisdiction over matters arising under the Fair Work Act 2009.

FedLink

A virtual private network (government intranet) allowing Australian Government agencies to transmit and receive information securely to 'protected level' via the internet using the agency's existing internet gateways.

'FR' matters

Matters dealt with by Fair Work Australia in relation to the obligations of registered organisations and their branches to keep accounting records and lodge audited financial reports.

Full Bench

A Full Bench of Fair Work Australia is convened by the FWA President and comprises at least three Fair Work Australia members, one of whom must be a Deputy President. Full Benches are convened to hear appeals, matters of significant national interest and various other matters specifically provided for in the Fair Work Act 2009.

G

general protections

General workplace protections located within the Fair Work Act 2009 including freedom of association, discrimination, sham contracting, and the ability to exercise, or to not exercise, workplace rights. The general protections provisions provide a right to apply to Fair Work Australia if an employee or employer is the recipient of adverse action.

H

high income threshold

An amount calculated in accordance with Fair Work Regulation 2.13 that helps define whether a modern award applies to an employee.

I

International Labour Organization (ILO)

An international organisation that aims to enhance workplace participation and standards. Australia has signed a number of ILO conventions that are reflected within the Fair Work Act 2009.

individual flexibility agreement

An agreement between a single employer and employee that modifies the application of a modern award or enterprise agreement. The individual flexibility agreement must satisfy the better off overall test. There is no requirement to register an individual flexibility agreement.

Individual Transitional Employment Agreement (ITEA)

A statutory written agreement between an employer and an employee about the employee's terms and conditions of employment. ITEAs replaced AWAs and can be lodged with the Workplace Authority until 31 December 2009. From 1 January 2010 it will no longer be possible to register individual statutory agreements of any kind.

J

K

L

Legal Transcripts Pty Ltd

The provider of court reporting and transcription services to Fair Work Australia.

low-paid authorisation

An authorisation made on application to Fair Work Australia by a bargaining representative or union negotiating for a proposed multi-enterprise agreement. A low-paid authorisation gives access to an array of rights such as bargaining orders and low-paid workplace determinations.

M

Mediation

One of the informal processes used by Fair Work Australia to facilitate the resolution of a grievance or a dispute bewteen parties by helping them reach an agreement. Conciliation is another informal technique used.

Member

A member of Fair Work Australia.

Minimum Wage Panel

Consists of seven Fair Work Australia members including the President and at least three specifically appointed Minimum Wage Panel Members. The Panel must review and adjust award wages annually and make the national minimum wage order.

model dispute resolution process

The model dispute resolution process is deemed to apply in all federal awards as well as any agreements that do not specify another dispute resolution process.

modern awards

Awards created by Fair Work Australia during and after the award modernisation process. Modern awards come into effect on 1 January 2010 and include terms that complement the National Employment Standards. Fair Work Australia must ensure that, together with the National Employment Standards, modern awards provide a fair and relevant minimum safety net. Modern awards are expressed to cover entire industries and/or occupations.

N

National Employment Standards (NES)

A set of 10 minimum employment standards that will apply to all employees within the federal system from 1 January 2010. The National Employment Standards include maximum weekly hours, requests for flexible working arrangements, parental leave and related entitlements, annual leave, personal/carer's leave and compassionate leave, community service leave, long service leave, public holidays, notice of termination and redundancy pay.

national minimum wage order

Fair Work Australia must make a national minimum wage order each year in the annual review undertaken by the Minimum Wage Panel. It includes a minimum wage for all national system employees, a casual loading for award and agreement free employees, and special minimum wages for junior employees, trainees and employees with a disability.

non-ongoing APS employee

An Australian Public Service employee who is in a temporary position within the Australian Public Service.

Notional Agreements Preserving State Awards (NAPSA)

State awards, which became federal agreements when the Work Choices legislation came into operation.

O

Office of the Fair Work Ombudsman (FWO)

An inspectorate headed by the Fair Work Ombudsman, a statutory appointee whose role is to impartially assist in, and enforce compliance with, Commonwealth workplace laws including the Fair Work Act 2009, the Independent Contractors Act 2006 and associated regulations.

ongoing APS employee

A person engaged in a permanent role within the Australian Public Service.

P

panel system

The system by which the work of Fair Work Australia is administered. In general, each panel has a Panel Head (who is a deputy president) and at least one commissioner and is responsible for work in a number of set industries. The Fair Work Australia President determines the composition of the panels. There is an Organisations Panel, which deals with work in relation to registered employee and employer organisations, and a Termination of Employment Panel.

parental leave

A term encompassing maternity leave, paternity leave and adoption leave. Parental leave will be regulated by the National Employment Standards from 1 January 2010.

party

An applicant or a respondent to a proceeding before Fair Work Australia.

personal/carer's leave

Combines entitlements to sick leave, carer's leave and bereavement leave into one entitlement. Personal/carer's leave will be regulated by the National Employment Standards from 1 January 2010.

Pre-reform Act

The Workplace Relations Act 1996 as operative prior to the introduction of the Work Choices legislation.

Pre-reform award

Federal awards created before the Work Choices legislation came into operation.

preserved award terms

Certain specified award conditions that apply instead of the Australian Fair Pay and Conditions Standard if they are more generous than the Standard. They include award conditions on annual leave, personal/carer's leave, parental leave, long service leave, notice of termination, jury service and superannuation.

President

The President of Fair Work Australia.

protected action ballots

A secret ballot allowing employees directly concerned to vote on whether they authorise industrial action to advance the claims for their proposed enterprise agreement.

Public Service Act 1999 (PS Act)

Principal Commonwealth law providing for the establishment and management of the Australian Public Service (and therefore the employees of Fair Work Australia).

Q

R

'R' matters

Matters dealt with by Fair Work Australia in relation to registered organisations (other than 'AR', 'E', 'FR' and 'RE' matters) including the certification of alterations of rules of organisations.

'RE' matters

Matters dealt with by Fair Work Australia in relation to applications by registered organisations for the issue or revocation of right of entry permits.

registration as an industrial organisation

The process by which employee and employer organisations formally register as industrial organisations. Registration under the Fair Work (Registered Organisations) Act 2009 confers certain rights and obligations including the right to appear before Fair Work Australia and the obligation to report to Fair Work Australia on certain financial matters.

respondent

A party to a proceeding initiated by someone else.

right of entry

The legal right of union officials to enter business premises under certain conditions for purposes described in the Fair Work Act 2009.

right of entry permit

A permit issued by Fair Work Australia to officials of a union who are found to be 'fit and proper persons' to hold an entry permit. A permit holder is able to utilise specific rights under the Fair Work Act 2009.

S

small business employer

An employer who employs less than 15 full-time equivalent employees, including full time, part time and regular and systematic casual employees.

Small Business Fair Dismissal Code

A code declared by the Minister for Education, Employment and Workplace Relations for small businesses to follow when dismissing an employee in order to make the dismissal fair.

T

TCF Award (Textile, Clothing and Footwear)

A special type of award that must be declared by regulation. Once declared this provides employees with additional protections particularly for right of entry.

transitional federal awards

Federal awards created before the Work Choices legislation which cover employers that are not constitutional corporations, within a referred state or the Commonwealth.

transitionally registered associations

To enable State registered unions and employer associations to represent their members in the national system they may seek recognition under the Fair Work (Registered Organisations) Act 2009 as either a transitionally recognised association; or a recognised State-registered association. Only associations from States which are prescribed under the regulations, and which do not have a federal counterpart, can become recognised State-registered associations.

U

'U' matters

Applications lodged under the Fair Work Act 2009 in relation to unfair dismissal.

unfair dismissal

Unfair dismissal occurs when the employee's dismissal is harsh, unjust or unreasonable, it is not a genuine redundancy, the Small Business Fair Dismissal Code (if it applies) is not adhered to and they are protected by unfair dismissal provisions.

V

W

Wages and Allowances Review

Historically, the Wages and Allowances Review by the Australian Industrial Relations Commission adjusted federal minimum wage rates and wage-related allowances in transitional awards and wage-related allowances in pre-reform awards.

Workplace Authority

Between 26 March 2006 and 30 June 2009 the Workplace Authority provided advice, assistance, information and education on workplace agreements made under the Workplace Relations Act 1996 and accepted lodgments of workplace agreements. The Workplace Authority will accept lodgments of ITEAs until 31 December 2009. It will cease to exist on 31 January 2010.

workplace determinations

Fair Work Australia can make three types of workplace determinations: low paid, bargaining and industrial action related. A workplace determination is similar to an enterprise agreement but is determined by Fair Work Australia when the parties cannot reach agreement on their own. The process and content of workplace determinations are regulated by the Fair Work Act 2009.

Workplace Ombudsman

An independent statutory appointee under the Workplace Relations Act 1996 whose role was to impartially assist in and enforce compliance with Commonwealth workplace laws.

Workplace Relations Act 1996 (WR Act)

The principal Commonwealth law that governed Australia's workplace relations system prior to the Fair Work Act 2009.

Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008

Legislation, effective from 28 March 2008, amending the Workplace Relations Act 1996 to make a number of changes to the framework for workplace agreements and to enable the process of award modernisation to begin.

Workplace Relations Amendment (Work Choices) Act 2005

The Work Choices legislation which introduced substantial change to Australia's workplace relations system by amending the Workplace Relations Act 1996 and which largely came into effect on 27 March 2006.

Courtesy of http://www.fwa.gov.au