Please note that this assignment contains 6 tasks
You need to answer all questions completely and correctly to achieve competency in this
assignment.
You can use lecture notes, available books in the library, industry publications and internet as your
reference to complete this assignment. Please don’t forget to mention the reference that you used at the end of each part.
This assignment will address:
Elements:
The following is expected to be achieved:
Understanding process of managing staff
Ability to interpret and integrate relevant legislation, codes and national standards into work place
Refer to page No.2 for more information about the outcome of this unit
Please note:
Any copied work or late submission will not be accepted with student facing disciplinary action.
You are required to answer the following assignment questions.
Task 1: Understanding work roles and functions
weblink?
Write a list of issues you recognise.
Which legislations, codes of practice or national standards may be breached here? Work in groups of 4 students. One student from each group will present their findings to the class.
RTO Code: 21316
ACAHT-F-090 Student guide v1.2 Apr 12 Page 13
Unit: AHCBUS501 Manage staff
Review: 28/02/18 Issue Date: 05/06/2017
CASE STUDY 1
Joe was allowed to continue in his job as a labourer for three years. Doreen, Joe’s boss, had never told Joe that he was not performing well or that she was not satisfied with Joe’s work. One day,
Doreen then told Joe that he was fired but did not give Joe any reasons for his dismissal.
CASE STUDY 2
Lisa worked as a waitress in a restaurant. When she started she was told by her boss, Frank, that she would be given a permanent job if she passed a trial. Frank didn’t say how long the trial would be. After three months Lisa discovered that she was not being paid properly and asked Frank about it. Frank said “if you don’t like it, then you can leave”. The next week, Frank told Lisa that it wasn’t working out and that she wouldn’t be getting any more shifts. Lisa did not get any more work
CASE STUDY 3
Garry noticed that his younger co-workers at an organization were receiving training on a new work related program that was being rolled out across the team he was working with. When he asked why he had not been invited to the training sessions, Garry’s manager told him that he was getting a bit “long in the tooth” to learn new tricks and to “not worry” about I “better stick to what you know”.
CASE STUDY 4
Zoe is a PA (personal assistant) with a company and had recently broken up with a colleague at the same company whom she had been in a relationship with. Her partner took the ‘split’ badly and has since sent many e-mails to Zoe. The e-mails are highly suggestive, at times offensive and are interrupting Zoe’s work and causing stress. Zoe feels she is being stalked by her ex partner and wants help and advice from you.
RTO Code: 21316
ACAHT-F-090 Student guide v1.2 Apr 12 Page 14
Unit: AHCBUS501 Manage staff
Review: 28/02/18 Issue Date: 05/06/2017
Task 2: Understanding business functions
agriculture?
Analyse table below and insert (ü) or (x) where appropriate.
Employee or Contractor:
Work control Employee Contractor
Instructions The worker is subject to instructions with regard to where, when and how the work is to be done.
Training Training will be provided to the worker, rather than general direction.
Integration The worker is integrated into the workplace. (Staff report to them, they have an e-mail account and are listed in the internal phone directory).
Delegation The worker can delegate or sub-contract the performance of work.
Leave entitlements
Paid leave The worker is entitled to paid leave.
Financial Controls
Tools, equipment and office space
The worker has invested in tools, equipment and facilities (business name, intellectual property or knowledge) specifically to deliver the services.
Payment of expenses Business and travel expenses are paid for by the worker, and absorbed as part of the fee charged.
Service availability The worker’s services are available to other clients. The worker is available for hire by other organisation.
Payments The worker is paid an agreed sum at completion of each stage of the work. (An employee is paid by the hour, day, month, under an enterprise agreement or award).
PAYG PAYG taxes are withheld by the employer.
Profit or loss The worker bears the risk of making a profit or a loss as a result of the contract.
Liability for services The worker is legally responsible for negligence or substandard work and will be required to make good without further payment.
Superannuation The worker is entitled to have superannuation contributions paid into a nominated superannuation fund
Personal injury insurance The worker pays own personal injury insurance
Work Relationships
Public perception The worker is recognised as conducting a business/trade.
(The public does not perceive the worker as an employee)
Right to terminate The services of the worker can be terminated in accordance with the contract without recourse to remedies available under industrial instruments.
Expectation of work The worker is engaged for a specific task with no ongoing work
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ACAHT-F-090 Student guide v1.2 Apr 12 Page 15
Unit: AHCBUS501 Manage staff
Review: 28/02/18 Issue Date: 05/06/2017
What would you include in an induction training/program?
industry.
Is Bob qualify for the small business exemption to unfair dismissal laws, and explain why?
Can Jenny bring an unfair dismissal claim?
RTO Code: 21316
ACAHT-F-090 Student guide v1.2 Apr 12 Page 16
Unit: AHCBUS501 Manage staff
Review: 28/02/18 Issue Date: 05/06/2017
CASE STUDY
Bob owns a wholesale nursery which employs 10 full-time employees and 10 part-time employees each working an average of 15 hours per week. In January 2011 Bob dismissed Jenny, a full-time horticultural tradesperson. Jenny lodged an unfair dismissal claim with Fair
Work Australia arguing that her dismissal was harsh, unjust or unreasonable.
RTO Code: 21316
ACAHT-F-090 Student guide v1.2 Apr 12 Page 17
Unit: AHCBUS501 Manage staff
Review: 28/02/18 Issue Date: 05/06/2017
Task 3: Training and the workplace
develop in Task 1, questions 9 & 10, list and analyse own skills and knowledge to identify your skill and knowledge gaps.
RTO Code: 21316
ACAHT-F-090 Student guide v1.2 Apr 12 Page 18
Unit: AHCBUS501 Manage staff
Review: 28/02/18 Issue Date: 05/06/2017
Task 4: Legislation
Please list and briefly explain the 10 NES entitlements?
consultants?
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ACAHT-F-090 Student guide v1.2 Apr 12 Page 19
Unit: AHCBUS501 Manage staff
Review: 28/02/18 Issue Date: 05/06/2017
Task 5: WHS and staff management
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ACAHT-F-090 Student guide v1.2 Apr 12 Page 20
Unit: AHCBUS501 Manage staff
Review: 28/02/18 Issue Date: 05/06/2017
Task 6: Staff performance, procedures for administration of records and industrial relations management
Read the following article sourced from dlapiper, a prominent law firm
The trouble with Greenfields Agreements: the Fair Work Act Review
By: DLA Piper
A Greenfields Agreement is either a single or multi-enterprise agreement made between one or more unions and an employer, where the agreement relates to a genuine new enterprise and the employer has not employed any of the persons who would be necessary for the normal conduct of the enterprise and who would be covered by the agreement. Enterprise means a business, activity, project or undertaking.
To approve a Greenfields Agreement, Fair Work Australia (FWA) must be satisfied that:
When one goes to section 174 of the Fair Work Act 2009 (Cth) (FW Act), you will see that the next section is section 176 and the next section after 176 is section 178. There are no sections 175 and 177.
If the Federal Government follows the recommendations of the recent Fair Work Act Review (Review) and reinstates sections 175 and 177 and the other Greenfields Agreements processes are inserted as recommended by the Review, the combined effect of those provisions will be potent, if not toxic (as some would say).
As set out in the Explanatory Memorandum to the Fair Work Bill 2008, the combined effect of the proposed sections 175 and 177 would have been to impose upon employers seeking a Greenfields Agreement the obligation to notify all unions who may have eligibility to cover employees in any of the vocations to be contained in the Greenfields Agreement, and each of those unions would have been automatically entitled to be bargaining representatives for the agreement.
As a result of representations by employer groups, sections 175 and 177 did not make their way to the FW Act. Employer groups submitted that it would be overly complicated to involve every conceivable union in the making of a Greenfields Agreement. In fact as everyone knows who is experienced in the industrial relations arena, quite often relevant unions will not agree to make a Greenfields Agreement with other unions or be involved in a Greenfields Agreement at all.
Not only would the Review reinsert sections 175 and 177, it has recommended that ‘good faith bargaining’ obligations should apply to Greenfields Agreements.
Further, the Review has purported to insert a ‘safety valve’ by recommending that if negotiations for a Greenfields Agreement have failed, the FWA may, on its own motion or in an application by a party, conduct a limited form of arbitration, including ‘last offer arbitration’, to determine the content of the Greenfields Agreement.
RTO Code: 21316
ACAHT-F-090 Student guide v1.2 Apr 12 Page 21
Unit: AHCBUS501 Manage staff
Review: 28/02/18 Issue Date: 05/06/2017
In a perfect world this may seem like a reasonable process, but in the real world of industrial relations, if enacted, the Review recommendations may in the end completely undermine the utility of Greenfields Agreements and could lead to a series of costly and unacceptable stalemates.
A few questions arise.
Under the scheme for Greenfields Agreements, every union will be at the bargaining table, and although it may come as a shock for some, not all unions see eye-to-eye concerning the making of agreements. This can, in turn, give rise to demarcation disputes between unions.
Where a union does not want to be part of a Greenfields Agreement with other unions, it may not be capable of making a Greenfields Agreement alone, because it may not be entitled to represent the industrial interests of a majority of the employees who will be covered by the agreement in relation to work to be performed under the agreement. Where does this leave the Greenfields Agreement process?
If ‘good faith bargaining’ and a limited form of conciliation is introduced, this will no doubt drag out the process of making a Greenfields Agreement in circumstances where employers may need to proceed to engage employees because of project demands. Could a Greenfields Agreement still be made at that point?
Finally, if enacted, the Review recommendations are at least problematic and at worst may undermine the utility of Greenfields Agreements, leading to a series of costly and unacceptable stalemates. This is an outcome that the Review itself sought to avoid.
Based the above article you are required to setup and identify the following;
– Farm worker / Horticultural worker level 1
– In-house Agricultural Produce Inspector
– & Farm Manager