Tuesday, October 13, 2009
Fair Work Australia has published the reasons for its decision last month to cancel a proposed national strike ballot of Australia Post employees.
It found the workers' union was not genuinely trying to reach an agreement with the organisation.
During negotiations over an enterprise agreement, the Communications Electrical and Plumbing Union had sought to restrict Australia Post's right to use independent contractors, including requiring the company to contract out a position only if it was not wanted by an Australia Post employee.
But Fair Work Australia upheld earlier legal rulings that provisions restricting or qualifying the employer's right to use independent contractors were not matters pertaining to the employment relationship.
"The CEPU has been and is pursuing as a substantive term of the proposed enterprise agreement a claim in respect of contractors which is not about a permitted matter for a proposed enterprise agreement under the Fair Work Act," a full bench of the tribunal found.
Therefore, it said, it was not satisfied the union had been genuinely trying to reach an agreement with Australia Post.
University of Adelaide law professor Andrew Stewart said the decision highlighted how the Fair Work Act "unequivocally" differed from Labor's Forward with Fairness policy, which originally gave employers and employees the freedom to negotiate terms of agreements.
After subsequently deeming certain matters would be unlawful, Professor Stewart said the government devised a "half-baked compromise" that said certain non-permitted matters were allowed in agreements, but could not be enforced.
Unions could not take industrial action in support of a non-permitted matter unless a union reasonably believed they were a permitted term.
"All this looks fairly straightforward," he said. "It just produces what, in my view, is an absurd result that a union can't take industrial action over a clause that can be included in an agreement but isn't enforceable."
Professor Stewart said there were not any provisions in the Fair Work Act "that tells you for sure whether you can put a term in your agreement regulating the use of contractors or labour hire workers".
"Instead, what we've got is a view that there are some kinds of restrictions which are OK and some which are not, based on decades of confusing case law about the matters pertaining issue," he said.
"The view is you can't stop an employer hiring outside labour because that's not a matter pertaining to the employment relationship.
"Why? Because the High Court told us so in a rather contentious decision about 40 years ago.
"But you can have clauses in your agreement that regulate what wages or conditions they should receive because that is a matter pertaining to employment, according to some recent decisions by the Industrial Relations Commission. So we have got considerable uncertainty about what you can and can't put in an agreement."
Labour law defines your rights and obligations as workers, union members and employers in the workplace. Generally, labour law covers:
* Industrial relations – certification of unions, labour-management relations, collective bargaining and unfair labour practices
* Workplace health and safety
* Employment standards, including general holidays, annual vacations, working hours, unjust dismissals, minimum wage, layoff procedures and severance pay
If you are a federally regulated employer or if you work for a federally regulated employer such as a bank, telecommunications company or interprovincial transportation company, the Canada Labour Code is the labour law that applies to you. Visit these pages to find out more.
* Industrial Relations Legislation in Canada
* Canada Labour Code, Part I
Workplace Health and Safety
* Occupational Health and Safety (Reports on Canadian Laws)
* Canada Labour Code, Part II
* Acts, Exclusions and Regulations
* Regulations Amending the Canada Occupational Health and Safety Regulations
* Employment Standards Legislation in Canada
* Canada Labour Code, Part III and Regulations
* Whistleblower Protection
* Developments in Labour Legislation in Canada
* Employment Equity Legislation and Agreements
* Canadian Association of Administrators of Labour Legislation (CAALL)
Monday, October 12, 2009
9 Tips for Better Online Job Hunting
Job hunt - a "task" that influence your future and life goes without saying that the Internet has drastically changed the way people today hunt for jobs. It's probably been a few years since you've submitted a resume via mail or fax. But even most professionals turn to the Internet for help locating a new position, not all understand the finer points of a Web-based job search.
Following are some tips to keep in mind the next time you look online.
Top Job sites
It's prudent to start your job search by visiting top job sites such as JobsDB.com because of the sheer number of listings offered. In addition, employers of all scales and industries are apt to list their job openings on sites with strong brand recognition. If you're at a crossroads in your career or willing to relocate, the big boards offer the widest view of what jobs are currently available.
Submit your online resume or ready-made resumeResume and cover letter are the marketing tools to sell yourself to the employers. Employers will judge you based on your resume. You must ensure that the submitted resume is great and containing the essential details. You may spend some time to fill in your online resume step-by-step. Or, to save your time, you may make use of the resume upload function to upload your ready-made resume to the recruitment site if you have it on hand. The advantages of a full online resume over a ready-made resume is that it guides you through developing a good resume without missing out the important details that all employers would like to know about the candidates. But be mindful of your spelling and grammar when typing information directly onto online forms.
Essential of Resume Update regularly
Always get your resume prepared with updated information to tackle every opportunity when great openings present. In order to maximize the opportunity of getting hired, you should regularly update your resume with relevant accomplishments, new job duties, recently achieved certifications, and other similar achievements.
Get jobs come to you, Job Alert SubscriptionIn addition to search the large boards, you may get the jobs come to you by subscribing to service offered by recruitment site - Job Alert! The service allows the job seeker to specialize your preferred job function and suit to your field. Besides, it always keeps you up-to-date on opening or position offered by employers. All you need to do is check your email daily to get the job alert, you may apply directly when suitable job found. Subscribe now to Job Alert!
Appropriately utilise quick applyMost job sites enable users to apply for a position with a simple click of the mouse. But don't blindly apply. Recruitment managers seek tailored resumes that directly tie a job seeker's unique skills and abilities to the requirements of the position. Take the extra time and effort to customize your application materials to each specific opportunity.
Be an expert in job huntingMake yourself full with knowledge of job hunting especially for newcomers to the job market. Guides to write great resume and cover letter, negotiating your salary, tips of attending interview, asking the right question in the interview and so on are the precious intellectual treasures for your career hunting. You may subscribe to e-Newsletter where you can receive lots of useful tips on job hunting. Sometimes, you may find some special messages or special recruitment messages from the employers. So, don't miss them, it is vital! They may change your life. Let's subscribe to e-Newsletter now.
Let the resume be searchableAlways keep your resume "open" for searching! A searchable resume will open the door to be head hunted by the potential employers. You don't know when the employers will knock on your door unexpectedly to offer you a job opportunity. Probably you will receive some resume request from employers which are unexpected or you may not be interested on the positions offered. But you can still send a resume and cover letter to the company to widen the opportunity, as anything can happen in future.
Scanning oldies for goodiesIt is a big mistake to limit your search to positions posted in the last few days. Some positions posted one month ago might still available; especially hard-to-find skills are required. It will be advantageous to focus on oldies opening while most job seekers focusing on recent postings, you may be competing with fewer candidates.
Follow upWhen job hunting is done online, it's critical that you follow up with prospective employers after applying for a position. If you've submitted your application and haven't heard back from the company, make a call or send an e-mail to verify that the resume was received and to reassert your interest in the position. But it should be done within two weeks of submitting application materials.
An online job hunt shouldn't be the only strategy you use to find a new position while the Internet has revolutionized the way job seekers connect with prospective employers. The best searches combine various approaches, including exploring the services offered by recruiting and staffing firms, touching base with members of your professional network, and participating in industry events where you can hobnob with hiring managers.
Malaysian Labour Law
Table of Contents
- Regulation of Employment (HTML)
- 2.1 The Circumstances a Contract of Service be Terminated by Either Employer or Employee
- 2.2 Notice Period Required Terminating a Contract of Service
- 2.3 Termination without Cause Or Excuse by My Employer
- 2.4 The Circumstances an Employee as Not Entitled to Termination or Lay-Off Benefits
- 2.5 Actual Amount of Layoff Benefits Payable
- Workmen's Compensation
- Sexual Harrassment
- 4.1 What Is Sexual Harassment?
- 4.2 Types of Sexual Harassment
- 4.3 The Differences Between Verbal, Non-Verbal, Visual, Psychological And Physical Harassment
- 4.4 Law in Malaysia to Deal Specifically with Sexual Harassment
- 4.5 Chances Of Seeing Justice Being Done
- 4.6 What Should I Do If I Am Being Sexually Harassed?
- Occupational Safety and Health Act
- 7.1 What Is Pension?
- 7.2 The Individual Entitled To Pension Benefit
- 7.3 Circumstances Reducing or Withholding Pension
- 7.4 Calculation of Pension
- 7.5 Who Is Deemed to Be A Pensionable Officer?
- 7.6 Granted a Pension
- 7.7 Compulsory Retirement
- 7.8 Optional Retirement
- 7.9 The Pension Where an Officer Dies in Service
- 7.10 The Pension Where an Officer Dies After Retirement
- 7.11 Cease a Pension
- 7.12 Pension for Disabled Person In The Course Of Performing His Official Duty
- 7.13 The Rate Payable for Disability Pension
- 7.14 Is a Pension Assignable?
- 9.1 What Is Social Security Organization (SOSCO)?
- 9.2 Compulsory Contribute To SOCSO
- 9.3 Wages Mean For The Purpose Of SOCSO Contribution
- 9.4 The Coverage Provided To an Insured Person by SOCSO Under ESSA 1969
- 9.5 The Invalidity Pension Scheme Cover and The Benefits Provided
- 9.6 The Coverage of Employment Injury Insurance Scheme
- 9.7 The Rate of SOCSO Contribution
- 9.8 The Responsibilities of an Employer
- 9.9 Interest on Contributions Due and Not Paid On Time by Employer
- 9.10 What About An Employee With Monthly Wages Exceeding RM2,000
- 9.11 Report an Accident and Make My Claim
- 9.12 Processing a Claim
- 9.13 Appeal
- Statutory Holiday (PDF)
- Salary Act (PDF)