Case Study: Present an IR Portfolio of Work Including Sourced and Analyzed Documentation

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IR Portfolio of Work

Amcor Limited is an Australian multinational company that specializes in packaging. The company headquarter is in Victoria with branches scattered across the Australia. Amcor also supplies range of plastics, metal, and glass. Although, the company operates in 42 countries, however, the company major operation is in Australia, and the company follows Australian workplace legislation to enhance worker's safety in Australia.

Objective of this paper is to investigate the workplace regulations guiding workplace practice of Amcor Limited.

Identification of Workplace Legislation Guiding Amcor Limited in Australia

Amcor Limited is committed to provide a safe, motivating and rewarding environment to support workers to reach their potentials. To achieve this objective, the company aims to maintain a safe workplace. Thus, Amcor follows the laid down regulations that the Australian government makes to enhance worker's safety in Australia.

Australia is one of the countries that take workers' safety as important issues to enhance worker's well-being. To enhance worker's safety and well-being, the Australian government introduced Work Health and Safety Law as well as Work Health and safety Regulation. These laws are introduced to update the old laws. The laws contain the provision Amcor uses to consult with workers with issues related to health and safety. The laws also provide provision for non-compliance. The Work Health and Safety (WHS) Act started in NSW on January 2012 and replaced the (OHS) occupational health and safety (OHS) laws in NSW. Typically, the WHS Acts were developed to enhance safe work in Australia. The laws set the standard that Amcor Limited follows to manage the risks and hazards within the workplace. The hazards, which include noise, dangerous chemical, and the laws, emphasize the process to control these risks.

The WHS provides the Code and Practice generally called Work Health and Safety Act advising employers on the method to comply with work safety regulations. The main principle of WHS is duty of care, which emphasizes the strategy to prevent injury and illness within the workplace.

The WHS Act emphasizes on rules that employers must follow to comply with the law:

Employers must ensure that workplace premises are safe and free from risks and injury.

National Employment Standards

NES (National Employment standard) set out the minimum of employment in Australia. Typically, NES set out up the employment term and agreement. (Australian Government, 2012). To meet the standard set down by the National Employment Standard, the agreement between an employee and employers must contain the following points

Maximum weekly hours work: 38 hours per week are the maximum hours that should be included in the agreement and this includes reasonable additional hours.

Parental leave and related entitlements: In the agreement, an employee could request up to 12 months unpaid leave. An employee could also request additional 12 months unpaid leave for paternity, maternity and adoption related leave.

Annual leave: The agreement must contain four weeks paid leave per year. This must include an additional week for shift workers.

Public holidays: The agreement must contain a paid day off during public holiday, except where it is reasonably requested by workers.

Personal/career's leave: There should be 10 days paid careers / personal leave and two days unpaid compassionate leave and two days unpaid career's leave.

Community service leave: There should be an unpaid leave in case of voluntary emergency activities. However, in the agreement, an employee must be paid for up to 10 days for jury service.

The unlawful term will occur when employers contravene the provision of the NES. An employer who contravenes the provision of the NES may be liable to penalties of up to $10,200 and $51,000 fine for a corporation.

Difference between an Award and an Enterprise Agreement

An enterprise agreement is a negotiated and voluntary contract between employers and employees (or union representatives). This agreement is tailored and designed specifically for the workplace environment. The majority of staff must agree upon the agreement. (University of Sidney, 2012). Howard Government introduced enterprise agreement, which involves the employer and the group of staff. In 2006, Amcor Limited in Australia set up enterprise agreement between the organization and group of staff. In 2008, the agreement could no longer be modified

On the other hand, Awards introduced by the AIRC (Australian Industrial Relations Commission), establish legal safety of minimum condition of employment, which applies on an industry-wide basis. Awards normally specify minimum rates of payment. When enterprise agreement is in operation within an organization, it will totally displace the awards that are in operations. For example, when Amcor Limited set out the enterprise agreement with its group of staff in 2006, the agreement displaced the Awards formerly put in place.

Copy of Enterprises Agreement

A copy of Enterprise Agreement between Amcor Limited and a group of staff is as follows:

1. Operation

This Enterprise Agreement will start to operate from the approval date of the Industrial Relations Commission of South Australia and will operate until 1 October 2015.

2. Objects and Commitments

The objects of this Enterprise Agreement are as follows:

To support and develop flexible workforce;

Deliver worker's well-being,

Set out that workers will be paid minimum of $10 per hour,

Worker will also be paid minimum of $10 per hour for overtime,

Ordinary weekly hours will be 36 hours per week inclusive Monday to Friday.

The company requires employee to works overtime as required from Monday to Sunday.

The leave provision will be followed based on the Australian National Employment Standard.

Adopt a provision to improve on the Occupational Health and Safety standards.

Parties Bound

The Enterprises agreement is binding upon the a group of worker of Amcor Limited and Human Resources Director.

weekly paid employees

Hourly paid employees

Signatories to the Agreement

Chief Executive Witness

Amcor Limited

"Assistant Branch Secretary Witness

Australian Workers Union"

Employee Representatives Witness

Amcor Limited

Employee Representatives Witness

Amcor Limited

Employee Representatives Witness

Amcor Limited

Employee Representatives Witness

Amcor Limited

Identification of Employer and Employee representatives

An employer is an organization or person undertaking or conducting business responsibilities. An employer generally employs an individual to the organization and employee representatives are the people who represents group of staff during the enterprise agreement. For example, Amcor Limited is an employer that employs large number of employees to the organization.

Role of Government Departments in the Australian Industrial Relations Process

The role of government department in the Australian Industrial Relations process is to ensure that all parties in the industrial relation process follow the rules and regulations set by the government. Typically, the Australian government set Fair Work Act 1994 to ensure that employers, workers union, and employee follow the laid down rules during the negotiation. Typically, Fair Work Act 1994 covers all aspects of employment law and industrial offenses.

Industrial Association

Amcor Limited belongs to the CFMEU (Construction, Forestry, Mining and Energy Union). The company signed agreement with CFMEU under the WR Act with the certification of the Australian Industrial Relations Commission in 1998. (Frazer, 2004).

Industrial Tribunal

In Australia, Industrial Relations Court is an industrial tribunal under which workplace agreement exists. The industrial relations court is formed under the Fair Work Act 194 that repealed Industrial Arbitration Act of 1912. The court consists of six judges, one Acting Industrial Magistrate and three permanent full-time Magistrates. The court covers all aspect of industrial offenses and employment law. The court deals with all aspect of workplace agreement and question related to "Occupational Health, Safety and Welfare Act 1986, the Long Service Leave Act 1987, the Magistrates Court Act 1991 and all claims and disputes under the now repealed Workers Compensation legislation." (Australian Government, 2012 P1).

External Factor Affecting Workplace Environment

Government policy is one of the important external factors that could affect workplace environment. In Australia, Government generally makes law that affects workplace environment. The government policy such as policy on taxation and… [END OF PREVIEW]

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"Present an IR Portfolio of Work Including Sourced and Analyzed Documentation."  Essaytown.com.  April 24, 2013.  Accessed July 22, 2019.
https://www.essaytown.com/subjects/paper/present-ir-portfolio-work-including/3840999.