Corruption and Crime and Misconduct Commission - Free Samples

Question: Discuss about the Corruption and Crime and Misconduct Commission. Answer: Introduction Australian employment relation is a tricky sector that requires proper regulation that ensures workplace laws are maintained and are adhered to. Fair Work Ombudsman is a critical organization within the Australia workplace since the organization assist in monitoring and enforcing workplace laws. Fair Work Ombudsman ensures and regulates the implementation of best workplace practices that include fair treatment of employee by employers. In event of conflict between employee and employer the Fair Work Ombudsman launch investigation and arbitrate to find a lasting solution to the conflict. In addition, the organization help in negotiating trade deals between employees and various key stakeholders within the Australian workplace so as to enforce the workplace laws. Complainants are also investigated by the organization through carrying out workplace audit on the company or industry where there is complains. Upon finding the problem or source of conflict, the organization through its trib unal enforces the penalty on the party found breaching the laws and awards the victim. The following paper, therefore, explores the role of Fair Work Ombudsman and its effectiveness in Australian system of employment relations. Fair Work Ombudsman is a body that ensures workplace compliance and advisory functions set out in the FW Act. Fair Work Ombudsman is a task of the act to investigate and workplace complains and enforces workplace laws. Fair Work Ombudsman is litigating to enforce workplace laws and workplace best practices. Fair Work Ombudsman works together with Fair Work Commission to foster good working environment within Australian workplace through arbitration and workplace laws monitoring. Roles of Fair Work Ombudsman Fair Work Ombudsman plays an important role in Australian employment and workplace. The role of Fair Work Ombudsman needs thorough consideration of the central position held within the Australian workplace. Firstly, Fair Work Ombudsman help employers, constructors and companies comply and understand Australia's workplace laws. It is the role of the organization to regulate the compliance with workplace laws. Within this role, the organization ensures that any complains especially about the compliance to workplace laws are dealt with according to the laws. The Fair Work Ombudsman tribunal offers the necessary advice to various employers within the Australian workplace. Fair Work Ombudsman monitor compliance through conducting a self-audit based on the employers checklist self-audit developed according to national workplace rules. The organization ensures national workplace rules are adhered to and workplace guidelines are fully implemented within the employment organization (NSW Ombudsman, 2004). Secondly, Fair Work Ombudsman provides information and advice to employers on matters with the workplace. FWO normally provides the workplace advice on employment laws and employment relations that may affect the terms of employment and remuneration of employees. In the provision of advice to employers, the FWO offer a single point of contact for employee and advice on labor relations in Australia. In addition, Fair Work Ombudsman help small and medium businesses implements workplace initiatives accepted practices without the bridge of workplace laws. This implies Fair Work Ombudsman ensures employees and employers have a good working relationship in a happy and productive environment (Wolgemuth, 2010). Thirdly, Fair Work Ombudsman investigates workplace complaints in the bead to help settle a dispute between employees and employers. In the event of workplace complains especially about the bridge of workplace laws, the organization investigate complains that are lodged. The organization also investigates awards and possible agreement between parties within the Australia workplace. Fair Work Ombudsman tribunal is a task to investigate and settle a dispute between parties within the workplace. The Fair Work Ombudsman tribunal provides various guidelines that assist employers and employees deal with complaints while the Fair Work Ombudsman itself acts as arbitrator. Fair Work Commission work in hand with Fair Work Ombudsman to ensure that complains are herd and settle fairly. Moreover, Fair Work Ombudsman enforces the penalty on offenders and awards those that breach workplace laws (Lam Lau, 2012). Fourthly, Fair Work Ombudsman enforces Commonwealth workplace laws through the organizations tribunal. The organization monitors the adherence to rule of laws especially those workplace laws according to Commonwealth laws. The organization also educates employers and employees on the Commonwealth laws and their importance at workplace. To do this effectively, Fair Work Ombudsman has online platform that provides guidelines and procedures for public use. Finally, the Fair Work Ombudsman promotes harmonious, productive and cooperative workplaces. The organization litigates on various laws that aims to promote the harmonious working environment. To fully carry out this role, the organization seeks to prevent people from committing workplace wrongs and litigates any workplace wrongs. Moreover, the Fair Work Ombudsman promotes productive workplace environment based on workplace laws. It also the role of Fair Work Ombudsman to create a cooperative workplace that is within the confines of workplace laws. Furthermore, Fair Work Ombudsman ensures there is a good working relationship between companies, unions and other stakeholders within the Australian workplace (Sias et al., 2011). The effectiveness of Fair Work Ombudsman There are various criteria that are used to assess the effectiveness Fair Work Ombudsman within the Australian workplace. The effectiveness of Fair Work Ombudsman is based on laws used to settle disputes, implements guidelines and policies, achievement of the organization and various activities that facilitate fair working environment. The effectiveness of Fair Work Ombudsman is based on the organizations ability to resolve disputes. As the role of Fair Work Ombudsman, the organization litigates various disputes between employers and employee. This dispute resolution determines the effectiveness Fair Work Ombudsman since its ability to resolve these conflicts based on Australian workplace laws. The organization negotiates the outcome of every conflict and assists parties to settle disputes between themselves. In addition, as an arbitrator, the Fair Work Ombudsman is effective in ensuring policies used in settling disputes and follows guidelines in settling disputes. One way the organization has been effective in carrying out formal workplace audit and investigation to reach conflict resolution. Fair Work Ombudsman offers conflict resolution based its area of jurisdiction and formulates steps used in the resolution of conflict (Administrative Review Council, 2008). Another way of assessing the effectiveness of Fair Work Ombudsman is based on the ability of the Fair Work Ombudsman to implements guidelines and policies in the workplace. The organization has various guidelines that assist the organization to work effectively. The organization has disputes resolution policies and guidelines. Fair Work Ombudsman has various policies that have been on the forefront in dispute resolution. According to Howe and Tess (2012), the organization has been effective in the utilization of police frameworks during settle of disputes between various individuals in the Australian workplace. In addition, the organization has been effective in litigation of various disputes within the workplace. The Fair Work Ombudsman has been effective in implementing guidelines and procedures in the workplace (Lee, 2005). The effectiveness of Fair Work Ombudsman is also assessed based on achievement of the organization in the Australian workplace. Firstly, the Fair Work Ombudsman has been effective in settling of disputes between employers and employees. The organization has been effective in negotiations between dispute parties within the workplace. Secondly, the organization also has been effective in monitoring the relationship between unions and various stakeholders within the Australian workplace. Moreover, Fair Work Ombudsman connects various stakeholders and Fair Work Commission in order to bring harmony in the workplace. The organization has been effective in connecting all these key players in the workplace based on workplace laws and procedures (Fair Work Ombudsman, 2018). The effectiveness of Fair Work Ombudsman is also connected to various activities that facilitate fair working environment. The organization has been on the forefront conducting campaigns activities that inform employers and stakeholders on the importance of complying with workplace laws and commonwealth laws. Campaign activities normally run nationally, regionally or state-based and the scope of the activity is based on the specific target group. In addition, the organization relies on workplace audit to conduct campaigns with major focus employers. The Fair Work Ombudsman also use company records to support its activities in the workplace and this help in organizations campaigns. Moreover, the organization effectiveness is also witnessed through campaigns conducted on media to facilitate the awareness of workplace laws and policies (Fair Work Ombudsman, 2014). Despite the effectiveness of Fair Work Ombudsman in conflict resolution and other activities, the organization also has weaknesses. Fair Work Ombudsman is sometimes facing conflict due to conflict between the organization and Fair Work Ombudsman or lack of jurisdiction for particular conflicts. For instance, conflict between Fair Work Ombudsman and Fair Work Commission that result in area of jurisdiction. This weakens the ability of the organization to arbitrate on conflict between Fair Work Ombudsman and other stakeholder within Australia workplace. Conclusion In conclusion, Fair Work Ombudsman plays an important role within the Australian workplace. Fair Work Ombudsman acts as an arbitrator that solves conflict arising at workplace between two or more parties. Some of the roles that Fair Work Ombudsman play include solving the conflict, enforcing workplace laws, advising employers and linking Fair Work Commission and various stakeholders such as unions and employees within Australia. The effectiveness of Fair Work Ombudsman is assessed based on the organization's ability to solve the conflict, implement guideline and workplace best practices, and various campaign activities aiming to create awareness on workplace laws. Reference Administrative Review Council, (May 2008). The Coercive Information-Gathering Powers of Government Agencies, Report no. 48. Commonwealth Ombudsman, Fair Work Ombudsman: Exercise of Coercive Information-Gathering Powers, Report no. 09-2010, June 2010. Fair Work Ombudsman, (2018). Effective dispute resolution: Page reference No: 2386, available at https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/best-practice-guides/effective-dispute-resolution Fair Work Ombudsman, (2014). Audits and campaigns, archived from the original, available at https://web.archive.org/web/20140222103532/https://www.fairwork.gov.au/about-us/audits-and-campaigns/pages/default.aspx [Retrieved on 22 February 2014] Howe, J. Tess, H. (2012). The Use of Enforceable Undertakings as a Strategic Labour Law Compliance Strategy, Centre for Employment and Labour Relations Law, University of Melbourne (draft unpublished 2012), page 1. Lam, L.W. Lau, D.C. (2012). Feeling lonely at work: investigating the consequences of unsatisfactory workplace relationships. The International Journal of Human Resource Management, 23 (20): 42654282. Lee, H.E. (2005). Exploration of the Relationship Between Friendship at Work and Job Satisfaction: An Application of Balance Theory. Michigan: Michigan State University Department of Communication. pp.144. NSW Ombudsman, (2004). Investigating Complaints: A manual for investigators, June 2004, page 74. Sias, P.M. et al., (2011). Maintaining Workplace Friendships. Communication Research, 39 (2): 239268. Wolgemuth, L. (2010). Be Wary About Chancing a Workplace Romance. U.S. News World Report, 147 (11): 56. Victorian Ombudsman, (2007). Conflict of Interest Victorian Ombudsmans Concerns, October 2007. Independent Commission Against Corruption and Crime and Misconduct Commission, Managing Conflicts of Interest in the Public Sector: Guidelines (2004).