Regulation of a workplace is very essential in ensuring that all the employees work in a favorable work environment and that their rights are not abused. The regulatory bodies also ensure that businesses operate on ethical basis and they take up social responsibilities such as safeguarding the environment by minimizing pollution or preventing exploitation of the workforce. Many countries have several systems and bodies that are mandated to regulate a workplace but Australia has only two bodies. This can be affiliated to the fact that Australia falls under the commonwealth government. Australia is a federal state made up of two internal territories and six states. All the legislative powers practiced by the Australian parliament fall under the commonwealth. Unfortunately, the common wealth constitution denies commonwealth countries the power to implement new policies such as work regulation policies which explain why there are counted bodies that regulate workplaces in Australia.
The Australian government and other commonwealth countries use some of the provided options in the commonwealth constitution. There are fewer than 10 statues in the constitution that regulate work in commonwealth. The mining statue is the only statue that Australia has developed by its own owing to the vibrant mining industry in the country. The Fair Work Commission is the most vibrant regulatory body in the country that dictates the workplace policies and directs how the companies are managed as well as oversees the remuneration of the workforce. There is also a mining regulatory body that oversees and regulates the workforce and salaries in the mining industry in Australia. However, there are advantages of having few regulatory bodies in the sense that the policies are clear thus the companies all have a common reference point. This enables companies to benchmark from each other on the required standards of operation and on the other hand encourages equity of all the companies which makes the employees to stay fixed to their current workplace because other companies offer the same prospects.
The better off overall test is a global test that requires various considerations of the drawbacks and advantages in awarding the employees covered by the prospective awards. The test brings on table the question of whether the all employees are better off with regard to the modern awards systems instead of the existing traditional work arrangements. This test is significant because it applies equality to all employees covered by a collective agreement as well as those subjected to a high income wage. The test aims at improving the working conditions and the lives of all employees. The Fair commission on the other hand argues that when an agreement covering a certain class of employees passes the test, the employees in that class are better off but that is not what the test intended to do. The better off overall test intended to improve the conditions of all employees by ensuring that award conditions improved the workers conditions even after a tradeoff. Here are some of the significant advantages of the test to the employees.
The test drew its conclusion by referring to store workers in Benalla. As much as the store did not operate as other stores for 24 hours the employees were regarded to be representatives of the other employees working in stores on various rosters. The full bench regards the workers that were represented by the few to be disadvantaged especially if they worked during the night hours. This is because the employees working at night and during the day have lower penalties.
This test advocates for the increase of the covered employees pay by almost 25% which would collectively improve the conditions of the workforce in the country. The full bench on other hand argues that increasing the employees’ wages has little significance and is not a matter of urgency. This is because not all employees stay within the workforce for a long time as some drop off to start their own businesses.
The test also allows for more rest time of 15 minutes for every shift that exceeds 4 hours and 10 minutes for the shifts below 4 hours. This is to allow the employees to rest in order to maintain productivity that would be lost when an employee works under exhaustion.
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