Equal employment opportunity is the process of providing legislative support which ensures that all employees are treated with fairness and respect in the workplace and are not subjected to any form of discrimination or harassment. EEO also means that all employees have equal access to the opportunities that are available at the workplace. This includes promotion possibilities, over-time availability, leave entitlements, etc. EEO is particularly enforced when it comes to job advertisements.
What is EEO about?
Making sure that workplaces are free from all forms of unlawful discrimination and harassment and
Providing programs to assist member of EEO groups to overcome past or present disadvantage people because they belong to particular groups
This means having workplace rules, policies, practices and behaviours that are fair and do not disadvantage people because they belong to particular groups.
EEO groups are people who are affected by past or continuing disadvantage or discrimination in employment. As a result they may be more likely to be unemployed or working in lower paid jobs. These groups are:
Women
Aboriginal and Torres Strait Islanders
Members of racial, ethnic and ethno-religious minority groups and
People with a disability
A union is an association of workers, from a similar field of employment, which uses its strength of numbers to initiate changes in working conditions, by bringing areas of concern to the attention of the employer.
Unions developed to protect workers from being exploited by unscrupulous employers who expected long hours of work for low rates of pay.
There is a long history of various industrial disputes and enterprise bargaining that have led to the many minimum award conditions that workers enjoy in a modern work environment.
Many larger industries have well established union representation, for example, the Australian Manufacturing Workers Union or the Shop Distributive and Allied Employees Union.
The representation of the union in the workplace falls to the union representative who is elected by fellow workers. This person monitors workers conditions and ensures that rights and entitlements are maintained.
Terminology:
Arbitration is a method of dispute settlement in which an independent third party considers the arguments of both sides and then makes a ruling that is binding on the parties in a dispute.
Award An award is a legal document setting out the minimum rates of pay and conditions of employment that apply to employees in a particular industry.
Conciliation is a dispute settling method in which a third party, usually an independent, seeks to bring the disputants to the point where they can reach agreement. The conciliator acts as an 'honest broker' in the negotiations. In Australia, agreements produced through formal conciliation lead to changes in award provisions. If the conciliator is unsuccessful in settling some or all of the issues that are in dispute, these items can be referred to arbitration. Conciliation is not necessarily a precondition for arbitration.
An enterprise agreement sets out the minimum conditions of employment for employees engaged in particular types of work in the same way as an award. However unlike most awards, enterprise agreements are specific to a particular enterprise or project. Enterprise agreements are negotiated voluntarily between an employer and either the employees concerned or a union on behalf of those employees (the parties).
Equal employment opportunity (EEO) means that everyone should have fair and equitable access to jobs, employment conditions, training and promotional opportunities. It does not assume that everyone has the same abilities but aims to ensure that everyone has a fair chance to demonstrate their abilities, to use them, improve them and benefit from them. EEO is consistent with the principle of merit. It means that the best person is chosen for the job, promotion or training opportunity and that they are selected only on criteria that are relevant.
Industrial dispute: The term can refer to any disagreement in industrial relations, and primarily to those that arise between employers and employees. The term is also used synonymously with strikes and other particular forms of industrial action.
Redundancy is the permanent displacement of some part of the workforce of an organisation as a result of plant closure, organisational or technological changes. A redundancy agreement can be reached between a union and an organisation that proposes to terminate the employment of a number (perhaps all) of the employees. Such agreements generally involve paying out the employees, in lieu of continued employment, according to a formula based upon the length of service of each employee. The longer the period of continuous employment the larger the severance payment a worker will be entitled to.
Severance pay is the final payment made to an employee when their employment is terminated. It includes amounts for accrued leave, leave loadings, and accrued pay for time already worked. In instances of redundancy, severance pay can also include redundancy pay.
Explain the importance of training opportunities for a worker in the timber products and furniture industry. In your answer, use an industry example.
Training opportunities offer a range of benefits to workers in the timber products and furniture industry. Training opportunities can include on-site training and demonstrations, lasting from a couple of hours through to full day workshops, TAFE courses and online University courses. Shorter training courses may focus on WHS issues, deepening skills in the current work context or allow for multi skilling. This can allow for the worker to be more widely utilised within the business, making the worker more valuable to the business, increasing job security. An additional benefit to the worker is by developing a wider range of skills, means that a greater variety of tasks can be undertaken by the worker, making their job more interesting.
TAFE courses and online University courses offer important opportunities for workers to develop their career within the industry.
For example, a worker who has completed a Certificate III in Cabinet making earns on average $48,000 per year upon graduation. This worker may decide to upgrade their qualification to a Certificate IV in Furniture design which attracts an average of $49,700 but also offers a wider range of employment opportunities within the industry as it is a higher level of qualification.
By undertaking additional training, the worker can indicate to their employer their dedication and commitment to the employer and may open up opportunities for promotion within the organisation.
Some roles within the industry require additional training. For example, in larger businesses, to enter into management levels, specific training in management may be required. A worker interested in being promoted into a management position could complete a Diploma in Business Administration online. Often employers are willing to subsidise the cost of the training or provide some time off for study. The employee benefits by being able to be promoted into higher paying roles within the organisation. Additionally, the worker has increased opportunities to be employed in a range of businesses within the timber products and furniture industry
Describe the impact of government legislation on work practices
A range of government legislation exists that impacts upon work practices in the timber products and furniture industry. For example, legislation relating to Equal Employment Opportunity exists at both state and federal level in Australia. In NSW, the Anti-Discrimination Act (1977) has significant impacts upon work practices as it makes it illegal to discriminate, either through recruitment processes and through work practices against anyone on the basis of their gender, race, religion, breastfeeding or carer responsibilities.
The Disability Discrimination Act (1992) makes it illegal for employers to discriminate against people with a disability, through recruitment processes but also through terms and conditions, opportunities for promotion, transfer or training. This may also mean that employers have to make facilities available such as ramps, elevators and disabled toilets.
The Fair Work Act (2009) outlines 10 minimum employment entitlements that have to be provided by all employees which directly impact work practices. These include maximum weekly hours, parental leave and related entitlements, annual leave, notice of termination and redundancy pay and conditions. For example, the maximum weekly hours requirement can directly impact work practices relating to rostering and staffing levels. Some workplaces may need to introduce additional shifts to continue operating rather than requiring workers to work excessive hours or be required to pay significant amounts of overtime. Annual leave entitlements will also have an impact upon staffing levels and rostering practices. Some businesses will choose to close from before Christmas into the new year in order to manage their operations in relation to staff taking annual leave.
The Fair Work Act also allows employers and employees to enter into an Enterprise Agreement where they can negotiate employment terms and conditions. An Enterprise Agreement can have a significant impact upon work practices. An important element of any Enterprise Agreement is that the agreement must contain a consultation term, where the employer must consult with the employees if there are any changes to work practices that will have an impact upon the employees.
Explain how Government Legislation impacts upon the running of a furniture manufacturing business, in your answer, provide 2 examples of how legislation impacts the business
Government Legislation can impact upon the running of a furniture manufacturing business in a range of ways.
For example, Work Health and Safety legislation requires the employer to ensure that the employee receives proper training and instruction. This takes time and adds to the costs of running the business, however, by properly training employees, this makes the workplace safer and reduces costs associated with workplace accidents and lost production.
The range of legislation relating to equal employment opportunities (EEO) such as the Anti Discrimination Act have added to the diversity of workplaces, particularly with the increasing involvement of women in the furniture manufacturing industry. This comes with some associated costs, such as the provision of facilities that accomodate all employees, regardless of race, gender, age etc. This is outweighed by the benefit to the business by having a diverse workforce with a range of experience, skills and abilities.
A more specific example of how legislation can impact the running of a furniture manufacturing business is the Forestry Act and associated legislation. The Forestry Act relates to how our forests are managed and directly impacts upon the cost and availability of timber, particularly native Australian Hardwoods. This will impact upon the cost and availability of raw materials and my cause the business to consider importing some timbers or to switch to other timbers such as plantation grown pines or hardwoods. This will also force the business to consider reducing the amount of waste and to ensure that it is using raw materials very efficiently.
A company is expanding its operations by establishing an interstate facility. Describe personnel issues the company needs to consider when staffing the new facility.
A company has a range of personnel issues that it must consider when deciding to establish a new interstate facility. The new facility will require a core of experienced staff who are already employed by the company. These key staff already understand the company’s policies, ethos and procedures. It is particularly important that the Human Resources (HR) manager is an experienced staff member as they will be involved in hiring decisions for new local staff. It is also critical that at least one person in the new team has the authority to make decisions based on the situations experienced in the new facility rather than always seeking approval from head office for any decisions that need to be made.
The company will need to consider the cost of relocating staff and will have to find a balance between moving staff and locally hiring new staff. Some staff may not wish to move, moving is stressful and expensive. The company may have to offer compensation to cover relocation costs for staff. The company will also need to recruit locals, which will build a local profile, links to the community and will foster teamwork. The company will have to consider training new staff, both in the new facility and in the existing one to replace staff who have moved. This might cause short-term disruption but also represents an opportunity to improve skill levels and to allow for multiskilling of staff.
The company will need to consider the physical environment of the new facility, the amount of space required, the provision of facilities such as changerooms, toilets etc. The company will need to consider relevant legislation such as WHS or Equal Employment Opportunity legislation, there might be differences in the laws between states and the company will need to be aware of these and ensure that it is complying with the law.
The entire process could cause morale issues within the workforce, particularly with colleagues moving away and changes in roles, structures and dynamics. To ensure a smooth transition, the company will need to ensure that it is communicating effectively with staff and it is open to discussion and negotiation between management and staff about the expansion.