Analytical Essay

Introduction

The essay elaborates on the workplace relations of employees in Australia. Firstly, it will discuss the outcomes of gender equality as well as the movements in Australia before the approval of the Secure Jobs, and Better Pay Act. Then it will discuss the Government's justification for prioritizing gender equality improvements in recent Fair Work Act changes. Thereafter, it will illustrate the Fair Work Act amendments made through the Albanese-led Federal ALP Government, concluding in the approval in December 2022 of the Secure Jobs, Better Pay Act which was meant to promote gender equality results in Australia, and the manner in which they were supposed to accomplish it. After that, it will elaborate on whether the international proof indicates that the mentioned reforms in the Fair Work 2009 would be effective in enhancing gender equality results for the workers in Australia. Further, it shall discuss with consideration the points of view advanced on behalf of employers by business groups as well as on behalf of employees by the Australian trade union movement. Also, it will evaluate the possible ramifications of these improvements for the industry's two sides, employers as well as employees. Lastly, it will elaborate on whether these views are supported by proof or influenced by the frameworks of reference of the business organizations as well as trade unions under consideration (Australiangovernment, 2023). The Australian national relation-at-work system creates a layer of security of basic employment conditions and terms, as well as a variety of additional workplace rights and duties. The Fair Work Act 2009 along with related regulations established the national workplace relations system, which covers almost all of the private sector workers and employers in Australia. Workplace relations are defined as the connections and exchanges that occur in the labor market between employers and workers. The overall recommendations will be discussed in the conclusion part.

Main Body

Australian government's justification for promoting gender equality developments among workers

Australia has implemented major workplace relations modifications, with a heavy emphasis on gender equality. The Secure Jobs Better Pay Act on 6 December 2022 makes a number of significant reforms to Australia's industrial relations system. The concepts of secured employment along with gender equality are now enshrined in the purposes of Australia's workplace relations law, the Fair Work Act 2009. This implies that the workplace relationships tribunal must consider the goals of safe work and gender equality. The Act's objectives were updated and enlarged on December 7, 2022, to include the development of job stability and gender equality. The Australian government is considering to give major emphasis on advancements in gender equality, which have been included in the most recent Fair Work Act changes. Employees should have continued, stable, and secure employment, and persons of all genders should have equal rights, opportunities, and treatment in the workplace (Byrnes, 2023). The Fair Work Commission's tasks include assessing and determining minimum pay. Previous obstacles to the relations at work system efficiently addressing gender-based undervaluation of labor have been abolished, allowing the Fair Labour Commission to impose salary increases when necessary. When considering equal compensation cases, the revisions specify that the Fair Labor Commission's analysis of labor value must be devoid of based on gender assumptions (Epic, 2023). It can explore wider comparisons between professions and sectors. In the Fair Work Commission, two additional panels of experts for Pay Equity along with the Healthcare and Community Sector, as well as a dedicated research section, are going to be formed. The Panels will be expanded to include new members with experience in gender wage equity, prohibition of discrimination, along care as well as the community sector. These reforms will guarantee that the right information, skills, assets, and evidence are used to successfully hear difficult along with technical equity in pay claims and applicable award variation petitions (Australianchamber, 2020). Identities in gender, intersex status, as well as breastfeeding, were recently included in the category of protected characteristics in Australia's relations at work legislation.

Workers who face inequality on the basis of these characteristics have been given accessibility through the Fair Work Commission's quick, low-cost grievance settlement processes. The Fair Work Act now includes an unambiguous rule on harassment based on gender in the workplace. It was backed up by a fresh dispute resolution mechanism that allows workers to present sexual harassment complaints to the Fair Work Commission. The Commission can resolve such issues in a variety of ways, including issuing an immediate stop sexual persecution decision. In order to prevent additional sexual harassment of an employee, potential employee, or individual they should operate a company or project. The Australian government is determined to be at the forefront of Indo-Pacific efforts to advance the rights of girls and women as well as to promote gender equality among workers (Australiangovernment, 2023). They will achieve gender equality through our development program, foreign policy initiatives, and economic diplomacy. As a result of this commitment, the Australian Government designated Australia's Ambassador for Equality of Gender as a significant international champion for gender equality. Australia will focus its efforts in regions where gender equality remains a difficulty. They will make significant investments in eradicating domestic violence against girls and women, expanding women's economic empowerment, and strengthening the voices of women in making choices, leadership, as well as peace-building (Humanrights, 2023). They will collaborate with other governments along with regional organizations to achieve their respective gender equality goals. They will assist women's organizations and partnerships, particularly women entrepreneurs, groups for women, and women's service providers, whenever practicable and suitable, recognizing these organizations' leadership roles in effecting changes. They will also recognize that women do not belong to a homogeneous population which is focusing on girls, individuals who have disabilities, women in groups that are marginalized, and women who are economically and socially poor. They will also help in collaborating with the commercial sector, organizations representing civil society, and other funders, as well as engaging the media and educational institutions as gender equality advocates whenever possible.

Reforms in enhancing outcomes of gender equality

The Fair Work Act amendments were undertaken by the Albanese-led Federal ALP Government. It concluded in the implementation of Secure Jobs, Better Pay Act in December 2022, with the goal of improving Australia. The Amending Act did not pass without debate, with many government opponents concerned about the impact of reforms to business bargaining on both large and small businesses equally. As a result, the focus is primarily on presenting an overview of the modifications to the organizational negotiating system and their consequences for enterprises. For improving the gender equality results, it is essential to contract for a specific period of time (Abs, 2023). It allows the managing director to stop a working relationship on a predetermined date without fear of an unfair dismissal lawsuit from the employee. In the reform of multi-enterprise bargaining the Act broadens the idea of multi-enterprise bargaining, which implies that more workers are going to be included in agreements between companies, and numerous businesses will be required to negotiate collectively. The vulnerability of the company should be assessed to multi-employer negotiation or roping-in programs and adaptation must be done to negotiating methods in light of the greater union leverage that results from these reforms. In the reform of disputes in bargaining, there were a variety of modifications to the corporate negotiating framework that will drastically shift the power to negotiate away from employers and has the need new negotiation strategies (Stamarski & Son Hing, 2015). Concentration should be given on providing the new 'intractable negotiating' workplace determination jurisdiction. It is going to be critical to reassess the negotiation approach well in advance of the next round of bargaining. Preparing for negotiating and developing methods to mitigate industrial action is more vital than ever. Plans for new Environmental Assessments and the termination of existing contracts are also going to have to be reconsidered. In the termination of 'Zombie' Agreements the Act enables Zombie Agreements to have an automatic sunset period.

They should think about the amount of these agreements that are available and the way their termination may affect your firm and staff. It may be feasible to request that the sunset period be prolonged. In the Prohibition on Sexual Harassment in the Workplace and Dispute Resolution Procedures, there are increased employer obligations in terms of preventing and responding to sexual harassment (Broderick, 1970). It works in accordance with their beneficial responsibility provided by the Anti-Discrimination as well as Human Rights Legislation Amendment Bill in the year 2022, which was additionally approved by both houses of parliament on November 28, 2022. They should think about whether the organization is prepared to deal with the danger of harassment based on sexuality in the work environment and whether there are appropriate procedures in place. In the reform of prohibiting contracts in fixed terms, there are new limits on the administration of contracts with fixed terms in some instances, they are going to have to review both existing hiring processes as well as the way they would acquire new employees. These prohibitions take effect on the date that has been determined or 12 months following Royal Assent. In the reform requests for flexible jobs and not paid leave for parent's extensions, there need to review current processes for reacting to such inquiries to verify that the organization meets the new process criteria and has acceptable organizational reasons for any rejection. The last reform that is pay equity is required to evaluate the template employee contracts along with eliminating pay confidentiality clauses(Hadley, 2022). It is also worth considering the manner in which pay transparency could affect an organization's reputation, employee morale, and relationships with other people. It should be considered whenever any adjustments to pay are necessary as a result. It's also a good moment to think regarding the way the business handles female workers to pay equity in general.

Effectiveness in developing gender equality results for Australian workers

Yes, the mentioned reforms in the Fair Work Act 2009 would be successful in developing gender equality results for the workers in Australia. Starting from enterprise bargaining, gender equality, and job security, to enforcement and compliance as well as the working conditions would modify the way gender equality is in the working environment (Mirza, 2014). The Act integrates job security as well as gender equality concepts into the Act's goal and the Fair Work Commission's (FWC) decision-making procedure. The Fair Work Act was modified as well to create two additional Specialist Panels on Equal Pay for Equal Work along with the Health Care and Public Sector within the FWC. The newly established Specialist Panels are going to discuss wage-related issues and are intended to assist in addressing low salaries and difficult circumstances for employees in the health care and public sector. New FWC members with experience in gender wage equality, and anti-discrimination, along with the health care and public sector will be selected to serve on the Specialist Panels (Murphy, 2023). To assist the FWC in its mission, a specialized research section will be formed. The reform contracts fixed-term, represent among the most significant developments in workforce preparation and hiring procedures for workers. The government considers continuous contracts with fixed terms utilized over a prolonged time to be a kind of insecure worker. Significant changes have been made as part of the Secure Jobs, Better Pay Act reforms to reduce the utilization of contracts with fixed terms. Most importantly, whether there is a civil penalty case for a violation of these rules and the employer intends to depend on a special circumstance, the employer has a proof burden in connection to the exception. Anti-avoidance clauses have also been added to discourage employers from circumventing any new law's right or ban.

Employees have to review the fixed-term agreement templates to guarantee compliance and create controls on when and the way long contracts with fixed terms may be utilized in the organization. It was usual practice for employment contracts to include a clause requiring employees to keep their salaries private. The Secure Jobs, Better Pay Act included provisions to enhance pay transparency, including making it a good location for a worker to work. The employee becomes pregnant, or an individual in their immediate household or home has been subjected to personal or domestic violence (Spglobal, 2023). Alternatively, the modifications to requests for work schedules that are flexible will be recourse for conflict settlement via the FWC whenever workers and managers have no way to resolve disagreements concerning the extension of unpaid pregnancy breaks. Employers must adapt their procedures and ensure that hiring managers receive education on the modifications. Depending on the FWC's model award term, for enhancing employer duties while assessing an employee's request. Including dispute resolution procedures that allow the FWC to resolve a disagreement over an inquiry for flexible working hours through mediation, conciliation, or arbitration(Fcbgroup, 2023). Employees' rights according to the Fair Work Act for asking for an extension of unpaid parental leave will also expanded. The amendments state that whenever a qualified worker requests an adjustable working setup the employer consults with the employee. They should also evaluate and notify the worker in writing whenever the manager is ready to make any further modifications to their working arrangements to fit the employee's conditions. Unless extraordinary circumstances exist, the FWC has to first settle the matter by a method other than arbitration under the newly implemented dispute resolution system. The FWC possesses the authority to issue orders requiring the employer to grant the request (Turei, 2023). They have issued rulings requiring the employer to make specific improvements to the employee's working conditions to meet their situation. Breaching an FWC prohibition will result in civil penalties. Significant consequences of reforms and Fox’s reference frame application

Industry groups and employer associations hold certain complexities and challenges based on multi-enterprise bargaining's introduction that shall result in the maximized disputation of bargaining, minimization of gains in productivity, and industry broadening industry action. The views of unions are considered with the maximization in multi-enterprise bargaining's utilization as there shall be a maximization within wages specifically for some covered employees because of the maximization within bargaining power and leverage that arrives with huge employee groups (HARBEN & RUTIGLIANO, 2022). The Minister for Workplace Relations and Employment has made the fact clearly evident that the existing Government carries the objective of introducing multi-enterprise bargaining, particularly for low-paid employees without providing an allowance for industry-wide or sector-wide strikes. As per the Zombie Agreement, the consequences would be employers should take potential steps to reduce the latest provisions' impact. For example, in writing, employees should be notified before the 6th of June, 2023 that termination shall be provided to the zombie agreement until an extension application is produced. Relevance should be there that bargaining has taken place for the agreement of replacement and employees overall would be better off as per the zombie agreement as compared to the utilizable modern award. Also, for adopting sexual harassment reform within the workplace, modeling effective management would be a mandatory aspect (Bell, 2023). This will result in delivering a powerful commitment with regards to all supervisors and managers and the elimination of sexually explicit and offensive materials can be carried out and finally becoming a better workplace. These arguments are basically collected from Frames' reference frames.

The conceptualization of Fox in relation to 'radical', 'plurastic' and 'unitary' reference frames subsequently has an extreme impact on human resource management and industrial relations analysis. It has been placed arguments by Fox that employment relations and power relations can be conceptually analyzed as the reference frame (ILO, 2015). With the adoption of this reference structure, workers and managers can interpret and perceive events by generalizations' conceptual framework meaning which is directed by particular assumptions and ultimately can be useful in shaping affected behavior and judgment. The unitary' reference provided a descriptive and normative theory that right-of-center politicians and several managers hold with regard to how society and organizations must be dependent on managerial rights or entitlement, which is commonly known as the doctrine of interests' harmony and common purpose. It works to legitimize their leadership, control, and power (Gold, 2020). The disadvantages that the unitarist reference frame had can be overcome through the pluralist stage by identifying coercion limits. The leadership sources required to carry out industrial relations' realistic analysis includes getting accepted and understood by key personnel being charge of the company. The key objective was not only unifying, liquidating, or integrating sectional groups as well as their interests, but also balancing and controlling constituent groups' activities. The third reference frame known as the radical perspective basically takes into serious consideration ‘coercive duress’ binding employees specifically to the employment contract. The basic foundation of the framework places major emphasis on alienation a group's exploitation caused by another group that stays in competition, particularly for certain scarce resources. This clarified the fact that a genuine balance of power within industrial organizations.

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