Fair Work Activity

The effective changes to the law regarding Workplace has improved the safety and protection of employees’ rights and also the ability to resolve conflict. As the world is constantly changing, the need for protecting rights of employees at the workplace has resulted. This can be encompassed through Industrial Revolution to jobs changing which greatly impacted how the law reflects the protection of rights. However, conflicts in the workplace is inevitable and the law responded to this by integrating conciliation and arbitration which begun when the Conciliation and Arbitration Court was established under the Conciliation and Arbitration Act 1904 (Cth). Thus, the law has continuously made changes in relation to workplace in order to protect rights …show more content…
The rise of conciliation and arbitration impacts the way employees are able to resolve conflicts with a conciliator making it effective in settling disputes. Due to this, the Fair Work Ombudsman which is an independent body created under the Fair Work Act 2009 (Cth) aims to provide information regarding rights and obligations, unfair practices, enforcing laws and compliance. This Act is the foundation to all standards and regulations for employment thus serving as an important piece regarding workplace. The act provides for terms and conditions of employment. The guidelines for National Employment Standards (NES) sets out rights and responsibilities of employees, employers and organisations in relation to the employment that provides for compliance with and enforcement of the Act National Minimum Wage. This act greatly improved the safety of workers, enables flexible working arrangements and prevents discrimination against workers thus achieving balance and protection of all workers. However, the Fair Work Ombudsman v Theravanish Investments Pty Ltd and Ors [2014] FCCA case, the Fair Work Ombudsman issued the first prosecution regarding age discrimination which a worker aged 65 was terminated from working from his hospitality role. The employer was ordered not to employ anyone pass the retirement age which is generally 65. This was …show more content…
Present issues that employees may face is discrimination in the workplace, and it is defined as the act of making a distinction between people for no reason relevant to their employment. It can also be tricky for employees if they are being discriminated against as there are direct and indirect discrimination. The Anti-Discrimination Act 1977 (NSW) applies which was established due to gradual rise of victims in the workplace that have been discriminated against by employers or other employees. The act is to furnish unjust racial, gender, national or ethnic origin, and instead encourage equality between all workers. It upholds discriminating against another person seen unlawful and violates Article 1 of the Universal Declaration of Human Rights, “all human beings have the right to equality.” In a recent case, the Hughes v Narrabri Bowling Club Ltd [2012] NSWADT 161 saw the responsiveness of the law against sexual harassment. Hughes was employed in July, 2008 as a casual housemaid at the motel and has complained to the Anti-Discrimination Board that she has been sexual harassed by Mr Welsh (manager of the motel) between June and August 2010. The applicable legislation for this case is the Anti-Discrimination Act 1977 (NSW) under section 22A which defines sexual harassment in the workplace. Ultimately, discrimination