Fair Work Australia, Essay Example

Two criteria that FWC must take into account when conducting an annual wage review

There are critical criteria taken into consideration by the Fair Work Commission when undertaking the wage review under Section 285 and 289 FWA. The FWC considers the employees not covered by modern award or agreement or transitional instrument and those not covered by the award agreement when undertaking employee wage reviews. PWC’s two criteria when determining the national minimum wage (Layton, Smith & Stewart, 2013). The casual loadings, wage rates for junior employees with disabilities, and wage rates for adults based on their experiences and qualifications are considered.  The Fair Work Act sets these out, and it is the Commission’s role to ensure that these reviews are undertaken every year. The agreement mentioned in this case involves a state employment agreement or the modern award under the Fair Work Act of 2009, which stipulates or regulates wages and conditions of employment for the employees under Section 294 FWA.

What can employees do when they are paid less than minimum wage?

The conditions set out by the Fair Work Commission are final, and they apply to all employees, whether they are national, regional, or county employers. In this case, if the FWC sets out the national minimum wage order to be $20.00 hourly and the federal system employer sets it below to $10.00 per hour, supporting that he does not pay minimum wage (Acton, 2011).  It implies that the employer has gone against the stipulation of the FWC. If the modern award, enterprise agreement, and relevant contracts are relevant, the employer would be compelled to pay the employees the minimum wage according to the Commission’s order. However, in the case where the modern award, other contracts, and enterprise agreements are silent, it implies that the employees will have to work based on the stipulated amount by the employer because that is the binding condition or contract during that time under Section 289 FWA.

Two matters that national minimum wage order must set out

The minimum wage order sets include a minimum rate of remuneration and causal loading alongside special national minimum wage brackets, which range from 1 to 5.

Persons who are entitled to make submissions to the FWC when conducting an annual wage review

In this case, all people and bodies, including employees and employers or their representatives, have the opportunity to present their submission to the Fair Work Commission under the Fair Work Act of 2009 (Gollan, 2009). On the same note, these parties have the right to comment regarding their submissions presented for reviews.

The argument as to whether the national minimum wage should be set out in modern award, enterprise, or contract of employment

The national minimum wage is set out in the contract of employment. The purpose of the federal minimum wage order is to review the modern award on minimum wages alongside stipulating national minimum wage, which would be applicable for all employees who are not incorporated by the recent awards or the enterprise agreements under Section 206 and 285 FWA.

References

Acton, J. (2011). Fair Work Australia: An accessible, independent umpire for employment matters. Journal of Industrial Relations, 53(5), 578-595.

Australia, F. W. (2010). Fair Work Australia. Fair Work Act 2009 (Cwlth)

Gollan, P. J. (2009). Australian industrial relations reform in perspective: Beyond Work Choices and prospects under the Fair Work Act 2009. Asia Pacific Journal of Human Resources, 47(3), 260-269.

Layton, R., Smith, M., & Stewart, A. (2013). Equal Remuneration under the Fair Work Act 2009. Melbourne, Fair Work Commission.

Lewis, K. (2019). Vicarious liability. BDJ In Practice, 32(4), 16-17.

Macdonald, F., & Charlesworth, S. (2013). Equal pay under the Fair Work Act 2009 (Cth): mainstreamed or marginalized. UNSWLJ, 36, 563.

McCrystal, S., Creighton, W. B., & Forsyth, A. (Eds.). (2018). Collective Bargaining Under the Fair Work Act. Sydney: Federation Press.