The paper "The Fair Work Act" is a great example of an assignment on management. The Fair Work Act dictates that an enterprise agreement needs to entail certain terms that are mandatory in nature. Enterprise agreements must have precise flexibility terms that enable individuals to enjoy flexibility arrangements. Modern awards also call for this clause. The failure of an arrangement to include the above clause will call for the application for a model term. The Act emphasizes on an application and nature of any flexibility term and the flexibility of an individual’ s arrangement.
An individual flexibility arrangement refers to an agreement between an employer and the individual worker. This agreement derogates from the conditions of the award or enterprise agreement. Concerning the model clause, the terms of the employer and the individual employee may vary with a wide range of issues such as overtime rates, allowances, penalty rates and leave loading (Hugh, 2000, p91). One-sided flexibilityThe aforementioned Act requires a genuine agreement between an employer and an individual worker to have to individual flexibility arrangements. It must result into better employees than ever before; the agreement must be informal writing and only related to the law.
All the above all issues of procedure that guarantees an individual with regards to the prevailing inequalities experienced by most employees in their relationship with their employers. Instances, where employers have not obeyed individual flexibility arrangements, exist. Some of them have often operated in an impartial and one-sided fashion whereby employers give employees a letter to sign and later return them to employers within a specified period. This suggests that breaching of any agreements under the Fair Work Act by the employer should lead to termination of the arrangement by the mutual agreement by issuing a notice (Hugh, 2000, p195). Implications for collective bargaining of an individual flexibility clauseEnterprise agreements that are collectively bargained can be undermined in different ways.
Regarding the individual flexibility arrangements, undermining of collective bargaining occurs when individual arrangements call for fundamental changes in the terms and content of the bargained enterprise agreement. From the perspective of the International Human Rights Law, the Fair Work Act has correctly interpreted the flexibility term.
DuBrin, A. J. (2008). Essentials of Management. New York: Cengage Learning
Hugh C. (2000). Legal Regulation of the Employment Relation. New York: Kluwer Law International
Kling, J. (1995). High Performance Work Systems and Firm Performance. Monthly Labor Review, pp29-36
Ryckman, R. (2004). Theories of Personality. Washington: Greenwood Press.
Stone, K. (2004). From Widgets to Digits: Employment Regulation for the Changing Workplace. Michigan: Pearson Prentice Hall