(1) Proceedings brought by the Commonwealth in relation to the functions or powers of the ACMA may be brought in the name of the ACMA. The Office of the Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters and community. (a) stating any matter with respect to a delegation under subsection(1); and. customer cabling has the same meaning as in the Telecommunications Act 1997. customer equipment has the same meaning as in the Telecommunications Act 1997. Employers. The endnotes provide information about this compilation and the compiled law. (4) The ACMA must perform its functions, and exercise its powers, in a manner consistent with any directions given by the Minister under subsection(1). (b) during any period, or during all periods, when the Chair: (i) is absent from duty or from Australia; or. Legislation history and amendment historyEndnotes 3 and 4. (2) Subsection(1) applies in addition to any rules made for the purposes of that section. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the member or associate member is taken not to have complied with section29 of that Act if he or she does not comply with subsection(1) of this section. Reduction if specified inquiry, investigation or hearing ends earlier, (a) an associate members instrument of appointment specifies that the appointment relates to a specified inquiry, investigation or hearing; and. A member or associate member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the appointer. The employees reported feeling better because they had the chance to offer their views and suggestions about the changes. The information contained in this fact sheet is general in nature. This subsection has effect subject to subsections(3) and (4). (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. (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. (b) that would, in the ACMAs opinion, have a significant effect on competition or consumer protection. Act binds Crown means an official symbol of the ACMA, the design of which is prescribed in the regulations. (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. (2) A person can be appointed as a member more than once. You might be able to use some existing communication channels for this (such as team meetings, newsletters or webinars). Workplace problems Problems happen in every workplace from time to time. Find wages and penalty rates for employees. Employee 6. (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. 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. Transport, Regional Development and Communications: Incorporated Amendments. (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. (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. 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. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. (1) The Chair presides at all meetings at which he or she is present. (g) a written agreement or arrangement or an instrument or writing made unilaterally. The rules that the Division determines displace the rules that would otherwise apply under subsection(1), to the extent of any inconsistency. They aim for a genuine exchange of information and opinions and collaborate to reach solutions. (b) Part5.2 of the Radiocommunications Act 1992. investigation means an investigation conducted, or proposed to be conducted, by the ACMA under: (a) Part26 of the Telecommunications Act 1997; or, (b) Part11 or 13 of the Broadcasting Services Act 1992; or. You should make sure that your employees are comfortable asking you questions and raising issues or concerns with you or a manager. In this Act, unless the contrary intention appears: ACMA means the Australian Communications and Media Authority. 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). Amending laws are annotated in the legislation history and amendment history. 65 Determinations may define expressions by reference to other instruments. (2) The Register may be maintained by electronic means. Deputy Chair means the Deputy Chair of the ACMA. Printed from fairwork.gov.au Read the consultation and dispute resolution clauses set out in your award or registered agreement. We pay our respects to the people, the cultures and the elders past, present and emerging. In these cases, consider specific consultation arrangements such as focus groups or consultation workshops with staff. (b) the ACMAs powers relating to those functions. An ACMA official may disclose authorised disclosure information that relates to the affairs of a person if: (a) the person has consented to the disclosure; and. 59B Disclosure to public servants for advising their Ministers. (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. (1) An associate member holds office for the period specified in his or her instrument of appointment. (1) A member holds office for the period specified in his or her instrument of appointment. (c) any other body established for a public purpose by or under a law of the Commonwealth. (4) Subsection(3) does not limit subsection(1). (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. (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. Skip to primary navigation Skip to primary content. Some problems are easy to fix with just a simple conversation. Part4Decisionmaking and delegation by ACMA. (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. Employers and employees are both responsible for communicating with each other at and about work. Finally, consult with staff and develop a strategy to address the issues in the SWOT. (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. take care with written communications, such as emails. 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. (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. (3) Subsection(2) does not limit subsection(1). The period must not exceed 5 years. (2) A person can be appointed as an associate member more than once. (3) The Chair may call a meeting at any time. (2) The Minister may give the Chair written guidelines that are to be used by the Chair in deciding whether a matter is covered by subsection(1). provide employees and their representatives with information about the proposed change, invite the employees and their representatives to give their views about the impact of the proposed change, including any impact on family and caring responsibilities. The ACMA has the functions described in this Division. (3) Paragraph(1)(a) does not apply to a member who is prevented by rules made for the purposes of section29 of the Public Governance, Performance and Accountability Act 2013 from deliberating on the proposed decision. (b) procedures to be followed in relation to meetings. Contacting the Translating and Interpreting Service (TIS) on , in relation to the ACMA, has the meaning given by section9. means the carriage of communications (as defined in the in the. Decisions relating to the Commonwealth etc. (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. A system of enterprise-level collective bargaining underpinned by bargaining obligations and rules governing industrial action. Consultation is most effective when its carefully considered and planned. Total periods of appointment must not exceed 10 years. The practical application of the Fair Work Act in workplaces is overseen by the Fair Work Commission and the Fair Work Ombudsman. 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. (2) Column 3 of the table contains additional information that is not part of this Act. 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). Employees who have the opportunity to be a part of the process are more likely to accept change and are less likely to feel anxious or fearful. If you have a question about your work or a workplace issue, we encourage you to speak to your employer about it first. It uses examples and tools you can apply to your own workplace. When does an inquiry, investigation or hearing end? The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. (b) the inquiry, investigation or hearing ends before the end of the period described in subsection(1); the associate member holds office until the end of the inquiry, investigation or hearing. (b) the Chair is the Head of that Statutory Agency. To find out how to solve a wide range of workplace problems, see our Fixing a workplace problemsection. (4) Otherwise, an instrument made under subsection(2) is a legislative instrument. Note: The ACMA need not obtain a persons agreement to a charge that relates to the ACMAs expenses in performing its functions mentioned in subsection(3) and does not amount to taxation (either because the charge is a fee for the ACMA providing the person with services or facilities or for another reason). (a) radiocommunications (within the meaning of the, (i) radiocommunications transmitters (within the meaning of the. Find more information in our Consultation and cooperation in the workplace guide. 59H Disclosure authorised by regulations, (a) authorise an ACMA official to disclose authorised disclosure information in specified circumstances; and. Workplace Relations Regulations 2006 Select Legislative Instrument No. 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. 4 When does an inquiry, investigation or hearing end? A single day to be fixed by Proclamation. Sometimes these challenges are small, such as introducing a new staff training program. For 10 year rule, count membership and ABA and ACA membership and associate membership. Chair not subject to direction by ACMA on certain matters, The Chair is not subject to direction by the ACMA in relation to the Chairs performance of functions, or exercise of powers, under the, Determinations may define expressions by reference to other instruments, (4) Subsection(1) has effect despite anything in the, Person not to use protected name or protected symbol, Note: A defendant bears an evidential burden in relation to the matter in subsection(2) (see subsection13.3(3) of the, (a) a trade mark that is registered under the, (b) a design that is registered under the, (5) Subsection(1) does not apply to a person who uses or applies a protected name or a protected symbol for the purpose of labelling customer equipment or customer cabling in accordance with section407 of the, (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. Ask them to think of ways in which the weaknesses or threats can be reduced, strengths built on and opportunities maximised. It will not be expanded to deal with provisions inserted in this Act after assent. Fair Work Commission Amendment (Stop Sexual Harassment) Rules 2021. (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. (2) An instrument made under regulations made for the purposes of paragraph(1)(b) that imposes conditions relating to one particular disclosure identified in the instrument is not a legislative instrument. (1) This section defines when an inquiry, investigation or hearing ends for the purposes of this Act. Australia's workplace relations laws As set out in the Fair Work Act and other workplace legislation, the key elements of our workplace relations framework are: A safety net of minimum terms and conditions of employment. (4) The ACMA may revoke a persons appointment to the Forum. You should also share technological developments that could impact the business and any upcoming staffing changes. (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. The day on which this Act receives the Royal Assent. (ii) relating to a kind of listed carriage service specified in the instruction; (b) if an instruction under paragraph(a) and a written instruction issued by the Minister to do so are in forceto provide for the management of electronic addressing: (i) of a kind specified in the instruction under this paragraph and covered by the instruction under paragraph(a); and. (1) The Minister may give written directions to the ACMA in relation to the performance of its functions and the exercise of its powers. The changes must not change the effect of the law. Find the contact details for your state or territory body in the Links and resources section at the end of this guide. 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. (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. (a) stating any matter with respect to the performance of a delegated function or exercise of a delegated power; and. Relationship with Part13 of the. 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. (3) For the purposes of recovering all or part of the ACMAs expenses relating to the performance of its functions under paragraph11(1)(a) or (b), the ACMA may charge a person an amount that has been: (b) worked out under an agreement with the person. (1) A decision is taken to have been made at a meeting of a Division if: (a) without meeting, a majority of the members in the Division indicate agreement with the proposed decision in accordance with the method determined by the Division under subsection(2); and. The course is available from www.fairwork.gov.au/learning. We understand that this may not always be possible and you may need to seek our help to resolve the problem. Communication in the workplace Good communication practices can help prevent workplace problems from occurring, and resolve issues quickly. (5) For the purposes of this Act (except for subsection31(2) and paragraph34(5)(b)), a parttime member so assigned is taken to be a fulltime member while the assignment is in force. they decide to dismiss 15 or more employees for economic, technological, structural or similar reasons; and. The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. 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. 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. Below are initiatives and suggestions that can help you move your business towards best practice. (2) An advisory committee consists of such persons as the ACMA from time to time appoints to the committee. Other times theyre large, such as a significant fall in sales. Protections against unfair or unlawful termination of employment. (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. A SWOT analysis helps you: All you need to begin is something that you want to analyse, for example, the proposed introduction of new technology in your business. This checklist will help you work at best practice: State & Territory work health and safety bodies. Information in this column may be added to or edited in any published version of this Act. They also asked each team to consider sales and financial data and suggest ways they could respond to lower sales. A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): authorised republications to which the (5) An appointment to an advisory committee is not a public office within the meaning of the Remuneration Tribunal Act 1973. Any other statement in column 2 has effect according to its terms. Superseded. (2) A reference in subsection(1) to any other instrument or writing includes a reference to an instrument or writing: (a) made by any person or body in Australia or elsewhere (including, for example, the Commonwealth, a State or Territory, an officer or authority of the Commonwealth or of a State or Territory or an overseas entity); and, (b) whether of a legislative, administrative or other official nature or of any other nature; and. The Department of Employment and Workplace Relations acknowledges the traditional owners and custodians of country throughout Australia and acknowledge their continuing connection to land, water and community. 55 Arrangements with authorities of the Commonwealth. Definitions 5. The Corporations Act 2001 is the main legislation regulating companies in Australia. It makes sense to spend some time with them to explain how the business expects employees to communicate with each other. 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. (3) An investigation under any of the following provisions of the Broadcasting Services Act 1992 ends (subject to subsection(4) of this section) at the end of the day the ACMA completes the investigation: (4) If the ACMA decides to prepare a report under section178 of the Broadcasting Services Act 1992 about an investigation under Part13 of that Act, the investigation ends at the end of the day the ACMA completes the report. (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. Yes No Further advice (b) revoke, vary or substitute a determination under subsection(1). Other workplace problems may take more time and effort. Each year, the Fair Work Commission (FWC) reviews the National Minimum Wage (NMW) and minimum pay rates under awards. Have you communicated the decision and reasons for it with employees and representatives? visitors. (c) whether or not having any legal force or effect; (d) regulations or rules under an Act; or, (e) a State Act, a law of a Territory, or regulations or any other instrument made under such an Act or law; or, (f) an international technical standard or performance indicator; or. (1) The ACMA may, by writing, establish advisory committees to assist it in performing any of its functions. Australia's national workplace relations system, Australian Government Apprenticeship Program, Employment Research, Evaluations and Data, Small business & the Fair Work Act - Fair Work Ombudsman. (2) An investigation under Part26 of the Telecommunications Act 1997, or an inquiry or hearing, ends at the end of the day on which the ACMA completes the preparation of a report about the investigation, inquiry or hearing under whichever of the following provisions is applicable: (a) section495 or 516 of the Telecommunications Act 1997; (b) section261D of the Radiocommunications Act 1992; (c) section199 of the Broadcasting Services Act 1992. The Legislation Register is managed by the Office of Parliamentary Counsel . (2) Meetings are to be held at such times and places as the ACMA decides. 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. Your communications strategy should cover: Seek feedback on how your employees are receiving communications. Note: This subsection does not authorise ACMA to bring proceedings against the Commonwealth: see also subsection62B(2). (b) all the members in the Division were informed of the proposed decision, or reasonable efforts were made to inform all those members of the proposed decision. Application, saving and transitional provisions for provisions and amendments. (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. It is sometimes known as occupational health and safety (OH&S). Have you recorded any decisions made and the reasons why? Employers can read the Fair Work Ombudsman's, Small business owners can call the Small Business Helpline on. The effect of uncommenced amendments is not shown in the text of the compiled law. If you have a question or concern about your job, entitlements or obligations, please Contact us. This includes laws applying to the monitoring and recording of telephone conversations. Employees have a diverse range of backgrounds and life experience. 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. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. These consultations helped many businesses gain the buy-in needed to quickly adapt to new or different ways of working. 40 Participation etc. (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. When assessed against business requirements, how have the information and ideas shared by staff affected your position? (3) Nothing in this section limits the generality of anything else in it. Work health and safety Explosives Rural workers accommodation Dangerous goods (road and rail transport) (4) Subsection(1) has effect despite anything in the Acts Interpretation Act 1901. (iii) is, for any reason, unable to perform the duties of the office. The Federal Register of Legislation (the Legislation Register) is the authorised whole-of-government website for Commonwealth legislation and related documents. 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 (b) keep a record of decisions made in accordance with section48. Best practice employers have clear workplace policies to help employees understand the expectations that apply to social media, email, internet use and the use of surveillance or other data collection technologies in their workplace. 62 ACMAs expenses include related Commonwealth expenses. Good communication practices can help prevent workplace problems from occurring, and resolve issues quickly. These include: Discussing workplace issues can be difficult for both employers and employees, especially when emotions are involved. (b) an APS employee in that Department who is authorised, in writing, by the Secretary of that Department for the purposes of this subsection. We pay our respect to them and their cultures, and Elders, past, present and future. (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. (b) for an associate memberthe Minister. View tailored information relevant to you. (2) Subsection(1) has effect subject to rules made for the purposes of section29 of the Public Governance, Performance and Accountability Act 2013.
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