1. RIGHTS AND RESPONSIBILITIES
(Chapter 7)
Employment is a contract between an employer and an employee.
Because it is a contract, employment entails legal rights (entitlements) and responsibilities (obligations) for both parties.
Entitlements – what you are allowed to get: wages, RDO’s, sick leave, paid overtime, in-lieu, union support, work place safety structures, and many others
Obligations – arrive on time, fulfil your work requirements, work hard, work your allocated hours, respect others, and attend meetings, run meetings and other predetermined objective requirements of your job
In addition, workplaces are covered by many other laws, such as laws on equal opportunity, occupational health and safety, and industrial relations.
These laws bring more rights and responsibilities into the work force.
STIR

2. SIX RIGHTS OF EMPLOYEES
1. Fair wages and conditions
Level of payment and working conditions are laid by the industry award for the job
Or an agreement between employer and employee
A discrimination free work place. It is unlawful to discriminate on the basis of:
SEX
Sexual orientation
Race
Religion
Political belief
Trade union membership
Sexual harassment is also illegal
STIR

3. A healthy and safe work environment
Employers are legally bound to provide a safe and healthy workplace
Most places by law have a health and safety officer present in the workplace
Ongoing training
Training should be provided at least to a level of skill to complete the tasks
Training may be on or off the job
Their must be opportunities for advancement
Aust Gov encourages a training culture to upgrade skills to be internationally competitive
STIR

4. 5. Protection against unfair dismissal
Employees have a right to be dismissed in a fair manner
Must be clear reasons for dismissal
Employees must receive all entitlements – holiday pay, redundancy packages
Adhere to a minimum requirement of notice
Employed for less than 1 year – I weeks notice
More than one year less than three – 2 weeks notice and so on
These laws do not apply to casual workers, probationary or trainee workers
STIR

5. Money saved by employers for employees retirement
6. Superannuation
Money saved by employers for employees retirement
Compulsory for all employees to pay a percentage of wage earned to an interest bearing account
This benefit is not received by all who are entitled to it
STIR

6. These employer rights have become responsibilities for the employee.
EMPOYERS’ RIGHTS
Employers also have legal rights, some arising directly from the employment contract.
These employer rights have become responsibilities for the employee.
For example, an employer can expect an employee to do the following:
do a fair days work
exercise skill and care in carrying out duties
commit to training programs and improve work performance
observe safety standards
STIR

7. Conflict of varying degrees IS A FACT OF LIFE in most workplaces.
WORK PLACE CONFLICT
Conflict of varying degrees IS A FACT OF LIFE in most workplaces.
Conflict often arises when people in the workplace believe their rights have been breached or ignored.
Tension and conflict can occur over the following:
pay and working conditions
hours of work, leave entitlements, holiday, long service
redundancy, retirement and workers compensation
physical conditions of work
health and safety issues, production methods
design and condition of work equipment, and staff amenities
STIR

8. WORK PLACE CONFLICT (CONT)
managerial policy
management style and authority, victimisation, promotion
hiring and firing practices
workplace insecurity
related to new organisational structures, new technologies
loss of status, lack of recognition or unclear work roles
workplace stress
pressure to complete tasks with limited time or resources
personal differences or disagreements
due to personality types
personal problems or illness
external or internal sources, which can enter the work place
STIR

9. What can be done to resolve conflict in the workplace?
The best and simplest way is to address and solve the real causes of the conflict.
In everyday conflict in the work place the employee should:
Play their part in seeking a resolution of the conflict
Try to be positive
Try to accept other personality types
Expect and allow for, emotions and personal feelings in conflict situations
Obtain help from other employees in the workplace, including local trade union representatives
Obtain advice from the central trade union organisation that covers the workplace
STIR

10. The trade union specifically formed to protect the rights of workers
At present they still protect the six rights of employees
Unions can provide backing for individuals with conflict issues and difficult situations
Trade unions negotiate between employees and employers
This gives employees collective bargaining power
COLLECTIVE BARGAINING POWER
The employer has to negotiate with a group of people not just single out the employee
STIR

11. www.actu.asn.au or www.vthc.org.au
There are unions to cover all types of work in Australia
Meat worker union – for butchers
Shop stewards union – for retail sales assistants
Teachers union – teachers
Builders union and so on
Information can be obtained from or
Union membership is a legal RIGHT for all employees
It is against the law to prevent an employee from joining the union
It is against the law to force employees to join a union
Focus questions p 84
Photocopy pp 84 – 86
Student workbook pages 47 – 54
STIR