•Sexual preferences or practices •Criminal record •Religious beliefs or affiliations Parveen Kumar KAMBOJ
BSBDIV501 Manage diversity in the workplace 2016 Edition 35 This legislation relates to all employees and customers of your establishment, whether it is via telephone, in person, in writing or electronic means. In particular, the Privacy Act places restrictions around providing information about customers and employees to third parties. When dealing with employees’ personal information, organisations should have clear policies on what information will be collected, how it will be collected and who will have access to it. Keep personal details secure, accurate and up to date. [Source: Australian Government. Office of the Australian Information Commissioner, , accessed January 2015.] The Fair Work Act, 2009 Earlier we identified that the Fair Work Act protected employees from adverse actions taken on the basis of protected attributes, such as age, religion, gender, etc. This legislation also provides organisations, including small business, with standards for workplace relations. The Act includes best practice guidelines for all Australian employers relating to the following. •The safety net of employment conditions, referred to as the National Employment Standards (NES), also outlines a minimum wage. •Obligations around employment records that must be kept and the provision of pay slips. •Unfair dismissal laws for small business. •Enterprise bargaining guidelines. •Protections for employees and obligations of employers. •The functions of the Fair Work Ombudsman and Fair Work Commission. All new employees must be given a copy of the Fair Work Information Statement, which outlines their rights under the Fair Work Act. Extend your learning Visit the Fair Work Ombudsman website and download a copy of the Fair Work Information Statement. While you are there, search for the National Employment Standards (NES) and download a copy. A good summary of the Fair Work Act, including the NES, can be found by searching ‘Small business & the Fair Work Act.’ Not sure what the NES is all about? Click to the next screen to find out. Parveen Kumar KAMBOJ
BSBDIV501 Manage diversity in the workplace 2016 Edition 36 In a nutshell The Fair Work Act is the main piece of legislation that governs employer/employee relationships in Australia. It encourages fair work practices and provides basic protections for employee entitlements and prevents discrimination. The National Employment Standards (NES) Pay and terms and conditions of employment can be found in whatever award or enterprise agreement (or minimum pay standards) your organisation complies with. The award or agreement will make reference to the ten NES. These are minimum requirements, and a company may choose to provide over and above these entitlements if they so choose.
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