BSBWRK520
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2_LearnerGuideBSBWRK510_old.pdf
BSBWRK510
Manage employee relations
Learner Guide
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BSBWRK510 Manage employee relations
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Table of Contents Table of Contents ......................................................................................................................... 3
Unit of Competency ........................................................................................................................ 7
Performance Criteria ....................................................................................................................... 8
Foundation Skills ............................................................................................................................. 9
Assessment Requirements ............................................................................................................ 10
Housekeeping Items ......................................................................................................................... 11
Objectives ......................................................................................................................................... 11
1. Develop employee and industrial relations policies and plans ................................................. 12
1.1 – Analyse strategic plans and operational plans to determine long term employee relations .. 13
Strategic Plans ............................................................................................................................... 13
Operational Plans .......................................................................................................................... 13
Employee relations ....................................................................................................................... 13
Employee communication ............................................................................................................ 14
Employee involvement ................................................................................................................. 15
Employee discipline ...................................................................................................................... 15
Employee rights ............................................................................................................................ 16
Employee satisfaction ................................................................................................................... 16
Activity 1A ..................................................................................................................................... 17
1.2 – Analyse existing employee relations performance in relation to workforce objectives ......... 18
Performance systems .................................................................................................................... 18
Activity 1B ..................................................................................................................................... 20
1.3 – Evaluate options in terms of cost-benefit, risk-analysis and current legislative requirements
.......................................................................................................................................................... 21
Cost-benefit................................................................................................................................... 21
Risk analysis .................................................................................................................................. 21
Developing risk management ....................................................................................................... 22
Providing information ................................................................................................................... 23
Legislative requirements ............................................................................................................... 24
Fair Work Act ................................................................................................................................ 24
Agreement types ........................................................................................................................... 24
Updates 2014 ................................................................................................................................ 25
National Employment Standards .................................................................................................. 25
Discrimination – protected attributes .......................................................................................... 27
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Unacceptable workplace behaviours ............................................................................................ 28
Activity 1C ..................................................................................................................................... 29
1.4 – Work with the management team to develop industrial relations policies and plans ............ 30
Policies and plans .......................................................................................................................... 30
Site, enterprise and statutory requirements ................................................................................ 30
Enterprise agreements .................................................................................................................. 30
Continuous operation of agreements ........................................................................................... 31
1.5 – Identify the skills and knowledge needed by management and the workforce to effectively
implement these strategies and policies .......................................................................................... 34
Skills and knowledge required ...................................................................................................... 34
Management skills ........................................................................................................................ 35
Activity 1D ..................................................................................................................................... 36
2. Implement employee relations policies and plans ................................................................... 37
2.1 – Develop an implementation plan and a contingency plan for the employee relations policies
and strategies .................................................................................................................................... 38
Business plans ............................................................................................................................... 38
Implementation plans ................................................................................................................... 38
Communication ............................................................................................................................. 38
Trends ........................................................................................................................................... 39
Failures .......................................................................................................................................... 39
Contingency planning ................................................................................................................... 40
Activity 2A .................................................................................................................................... 42
2.2 – Make arrangements for training and development for identified needs to support the
employee relations plan ................................................................................................................... 43
Training ......................................................................................................................................... 43
Formalise the acceptance of training ........................................................................................... 43
Possible conflicts ........................................................................................................................... 44
Ease of access ................................................................................................................................ 44
2.3 – Undertake associated employee relations activities to reach agreement on changes required
by the organisational policies or implementation plan .................................................................... 45
Involvement practices ................................................................................................................... 45
Communication practices ............................................................................................................. 45
Problem solving practices ............................................................................................................. 46
Financial practices ......................................................................................................................... 46
Activity 2B ..................................................................................................................................... 47
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2.4 – Ensure procedures for addressing grievances and conflict to stakeholdersare properly
documented ...................................................................................................................................... 48
Grievances ..................................................................................................................................... 48
Documenting the process ............................................................................................................. 48
2.5 – Communicate key issues about procedures for addressing grievances and conflict to
stakeholders ...................................................................................................................................... 49
Dealing with grievances ................................................................................................................ 49
Policy statement ........................................................................................................................... 49
Stages ............................................................................................................................................ 49
Timeframe ..................................................................................................................................... 50
Representation.............................................................................................................................. 50
Monitoring and reviewing ............................................................................................................. 50
Activity 2C ..................................................................................................................................... 51
2.6 Review employee relations policies and plans to establish whether they are meeting their
intended outcomes ........................................................................................................................... 52
Trial 360 degree feedback ............................................................................................................. 52
Ask the staff .................................................................................................................................. 52
Conducting surveys ....................................................................................................................... 53
Anonymity ..................................................................................................................................... 54
Online surveys ............................................................................................................................... 54
Encouragement from management .............................................................................................. 54
Incentives ...................................................................................................................................... 54
Activity 2D ..................................................................................................................................... 55
3. Manage negotiations to resolve conflict .................................................................................. 56
3.1 – Train individuals in conflict management techniques and procedures ................................... 57
Conflict .......................................................................................................................................... 57
Effective conflict resolution .......................................................................................................... 58
Collaborating ................................................................................................................................. 60
Competing ..................................................................................................................................... 60
Compromising ............................................................................................................................... 61
Accommodating ............................................................................................................................ 62
Avoiding ........................................................................................................................................ 62
Creating communicative atmospheres ......................................................................................... 63
Defuse emotions ........................................................................................................................... 63
Setting ground rules ...................................................................................................................... 63
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Choosing the time and place ........................................................................................................ 65
Activity 3A .................................................................................................................................... 66
3.2 – Identify, and where possible alleviate or eliminate, sources of conflict or grievance according
to legal requirements ........................................................................................................................ 67
Alleviating conflict ......................................................................................................................... 67
Collective disputes ........................................................................................................................ 69
Activity 3B ..................................................................................................................................... 71
3.3 – Check documentation and other information sources to clarify issues in disputes ................ 72
Checking documentation .............................................................................................................. 72
3.4 – Obtain expert or specialist advice and/or refer to precedents, if required............................. 75
Specialist advice ............................................................................................................................ 75
3.5 – Determine desired negotiation outcomes, negotiation strategy and negotiation timeframes
.......................................................................................................................................................... 76
Negotiation ................................................................................................................................... 76
3.6 – Advocate the organisation’s position in negotiation to obtain agreement ............................. 78
Advocate the organisation’s position ........................................................................................... 78
3.7 – Document, and if necessary certify, the agreed outcomes with the relevant jurisdiction...... 79
Certify the agreed outcomes ........................................................................................................ 79
Contract differences ..................................................................................................................... 79
Federal industrial laws .................................................................................................................. 79
Activity 3D .................................................................................................................................... 81
3.8 – Implement agreements ............................................................................................................ 82
Smooth implementation ............................................................................................................... 82
3.9 – Take remedial action where groups or individuals fail to abide by agreements ..................... 83
Remedial action ............................................................................................................................ 83
Activity 3E...................................................................................................................................... 84
...................................................................................................................................................... 84
References ........................................................................................................................................ 86
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Unit of Competency
Application
This unit describes the skills and knowledge required to manage employee and industrial relations matters in an organisation. It involves developing and implementing employee and industrial relations policies and plans and managing conflict resolution negotiations. It applies to those who are authorised to oversee industrial relations and manage conflict and grievances in an organisation. They will have a sound theoretical knowledge base in human resources management and industrial relations as well as current knowledge of industrial relations trends and legislation. No licensing, legislative or certification requirements apply to this unit at the time of publication.
Unit Sector
Workforce Development – Workplace Relations
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Performance Criteria
Element Elements describe the essential outcomes.
Performance Criteria Performance criteria describe the performance needed to demonstrate achievement of the element.
1. Develop employee and industrial relations policies and plans
1.1 Analyse strategic plans and operational plans to determine long term employee relations
1.2 Analyse existing employee relations performance in relation to workforce objectives
1.3 Evaluate options in terms of cost-benefit, risk-analysis and current legislative requirements
1.4 Work with the management team to develop industrial relations policies and plans
1.5 Identify the skills and knowledge needed by management and the workforce to effectively implement these strategies and policies
2. Implement employee relations policies and plans
2.1 Develop an implementation plan and a contingency plan for the employee relations policies and strategies
2.2 Make arrangements for training and development for identified needs to support the employee relations plan
2.3 Undertake associated employee relations activities to reach agreement on changes required by the organisational policies or implementation plan
2.4 Ensure procedures for addressing grievances and conflict to stakeholders are properly documented
2.5 Communicate key issues about procedures for addressing grievances and conflict to stakeholders
2.6 Review employee relations policies and plans to establish whether they are meeting their intended outcomes
3. Manage negotiations to resolve conflict
3.1 Train individuals in conflict-management techniques and procedures
3.2 Identify, and where possible alleviate or eliminate, sources of conflict or grievance according to legal requirements
3.3 Check documentation and other information sources to clarify issues in dispute
3.4 Obtain expert or specialist advice and/or refer to precedents, if required
3.5 Determine desired negotiation outcomes, negotiation strategy and negotiation timeframes
3.6 Advocate the organisation’s position in negotiation to obtain agreement
3.7 Document, and if necessary certify, the agreed outcomes with the relevant jurisdiction
3.8 Implement agreements 3.9 Take remedial action where groups or individuals fail to
abide by agreements
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Foundation Skills
This section describes language, literacy, numeracy and employment skills incorporated in the performance criteria that are required for competent performance.
Skill Performance
Criteria
Description
Reading 1.1, 1.2, 1.3, 3.3 Interprets, critically analyses and applies appropriate
strategies to construct meaning from complex texts
Writing 1.4, 2.1, 2.4, 2.5, 3.7 Displays knowledge of required structure and layout,
employing broad vocabulary, grammatical structure and conventions appropriate to purpose and audience
Oral communication
1,4, 2.5, 3.1, 3.6 Conveys information using language and non-verbal features appropriate to the audience
Employs listening and questioning techniques to clarify and confirm understanding
Numeracy 1.2, 1.3 Extracts and evaluates the mathematical information
embedded in a range of tasks and texts
Navigate the world of work
1.3, 1.4, 2.3, 2.6, 3.2, 3.7
Modifies or develops organisational policies to achieve organisational goals and comply with legislative requirements
Keeps up to date on changes to legislation or regulations relevant to own rights and responsibilities and considers implications of these
Interact with others
1.4, 2.3, 3.1, 3.2, 3.4, 3.6, 3.9
Collaborates with others to achieve joint outcomes, playing an active role in facilitating effective group interaction, influencing direction and taking a leadership role on occasion
Actively builds networks that include key people with expert skills and knowledge
Uses a range of strategies to facilitate an acceptable outcome for all parties where conflicts occur
Get the work done
1.3, 1.4, 1.5, 2.1, 2.2, 2.4, 2.5, 3.2, 3.5, 3.7, 3.8
Sequences and schedules complex activities, monitors implementation and manages relevant communication
Uses analytical techniques to identify issues and generate possible solutions, seeking input from others as required, before making decisions or implementing solutions
Draws on the diverse perspectives of others to gain insights into current practices and opportunities for change
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Assessment Requirements
Performance Evidence Evidence of the ability to: Analyse organisational documentation to determine long-term employee relations objectives
and current employee relations performance Collaborate with others to develop and review industrial relations policies and plans Develop implementation and contingency plans for industrial relations policies Identify the skills and knowledge needed to implement the plan and organise training and
development for self and staff Document and communicate strategies and procedures for eliminating and dealing with
grievances and disputes Train others in conflict-resolution techniques Manage industrial relations conflicts, including advocating the organisation’s position during
negotiations and documenting, implementing and following up agreements. Note: If a specific volume or frequency is not stated, then evidence must be provided at least once. Knowledge Evidence To complete the unit requirements safely and effectively, the individual must: Explain relevant industrial relations legislation or regulations Summarise enterprise and workplace bargaining processes Summarise key entities in the current Australian industrial relations system, including courts and
tribunals, trade unions and employer bodies Relevant industrial, workplace health and safety, equal employment opportunity and
anti-discrimination legislation in federal, state and territory jurisdictions. Assessment Conditions Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the workforce development – workplace relations field of work and include access to:
Awards and enterprise bargaining agreements Relevant legislation, regulations, standards and codes Relevant workplace documentation and resources Case studies and, where possible, real situations Interaction with others. Assessors must satisfy NVR/AQTF assessor requirements. Links Companion volumes available from the IBSA website: http://www.ibsa.org.au/companion_volumes - http://www.ibsa.org.au/companion_volumes
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Housekeeping Items Your trainer will inform you of the following:
Where the toilets and fire exits are located, what the emergency procedures are
and where the breakout and refreshment areas are.
Any rules, for example asking that all mobile phones are set to silent and of any
security issues they need to be aware of.
What times the breaks will be held and what the smoking policy is.
That this is an interactive course and you should ask questions.
That to get the most out of this workshop, we must all work together, listen to each
other, explore new ideas, and make mistakes. After all, that’s how we learn.
Ground rules for participation:
o Smile
o Support and encourage other participants
o When someone is contributing everyone else is quiet
o Be patient with others who may not be grasping the ideas
o Be on time
o Focus discussion on the topic
o Speak to the trainer if you have any concerns
Objectives
Discover how to develop employee and industrial relations policies and plans
Know how to implement employee relations policies and plans
Learn how to manage negotiations to resolve conflict
Gain skills and knowledge required for this unit
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1. Develop employee and industrial relations policies and plans
1.1 Analyse strategic plans and operational plans to determine long term employee relations
1.2 Analyse existing employee relations performance in relation to workforce objectives
1.3 Evaluate options in terms of cost-benefit, risk-analysis and current legislative requirements
1.4 Work with the management team to develop industrial relations policies and plans
1.5 Identify the skills and knowledge needed by management and the workforce to effectively implement these strategies and policies
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1.1 – Analyse strategic plans and operational plans to determine long term employee relations
Strategic Plans
The key elements of strategic planning are an organisation’s:
Vision statement – the vision outlines how the organisation wants to be; it is a long
term objective that concentrates on the future.
Values – this is a set of beliefs that are shared amongst the shareholders of the
organisation. This is the framework and basis on what all decisions should be made.
Mission – the mission defines the fundamental purpose of the organisation, why it
exists and what it does to achieve its vision.
Strategy – the strategy itself it how the organisation intends to meet its vision what
goals are set, what policies will they use.
Operational Plans
An operational plan can be described as the process of defining what steps a company will take in
order to achieve the organisational objectives.
It is also the plan that assists employees to work towards the achievement of the mission and vision
statement.
Planning in advance means that managers can:
Identify strengths and weaknesses
Resolve potential issues before they arise
Cater to employee needs and requirements
Take advantage of opportunities
Employee relations
Employee relations encompass all aspects of employment and workplace conditions and the
employee / employer relationship. In respect of strategic and operational plans it is essential for
organisations to ensure that when plans are made they factor in employee relations, for the
advancement and well being of the organisation’s future.
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Employee relations have four fundamental elements:
Employee communication
Employee communication is the process by which information is exchanged between the sender and
the receiver. It is the cohesive agent that holds organisations together.
In employee relations communication there are key issues related to communication in the workplace, such as:
Communication is the fundamental process of organising
All management should be committed to open communication
Management should devise effective communication systems in the workplace
Information should be relevant to the employee
Messages should be consistent with actions
Cross cultural communication is contributing to a diverse workplace
Training in communication increases effectiveness of the organisation.
Employee relations
Employee communication
Employee
rights
Employee involvement
Employee discipline
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Within the organisation there will be three forms of communication used, these are:
Verbal – in the form of informal or formal speech. Face to face communication
combines the auditory and the non-verbal.
Non-verbal – communicating through gestures or facial expression used in
conjunction with verbal communication it can send much more information to the
receiver than just words.
Written – in the form of notes, memorandums, emails and letters.
Employee involvement
Management have the task of holding the organisation’s employee relations together and part of
that task involves keeping control and commitment in the workplace. One of the strategies used to
do this is employee involvement.
The Involvement-Commitment Cycle
(Adapted from Bratten and Gold pg 455)
Employee discipline
When all avenues of communication fail managers may have to resort to disciplinary action.
Disciplinary actions are important tools designed to help managers maintain an efficient and orderly
work environment. If these processes are used properly, they will assist employees in correcting
unacceptable behaviours.
Managers perceive the need for involving
employees in decision making
Introduce new forms, employee involvement
and open communication mechanisams
Greater autonomy and input into decision making
Increased employee job satisfaction, motivation
and commitment
Improved individual and organisational perfomance
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Failing to use disciplinary actions to correct inappropriate conduct and performance may lead to
more serious problems for the organisation and management. It may also harm the morale of those
employees who are working according to the rules and requirements of the workplace and are
meeting their required performance standards.
The time and effort you spend to correct problems early is a good investment. In dealing with
problems early you can avoid additional problems later, such as low morale, loss of productivity,
high turnover of staff, and loss of respect for management.
Employee rights
Employee rights play a vital role in the protection of employees against unfair behaviours from
management and co-workers. Protecting employee rights ensures that employees have confidence
in management and that they will be fairly treated. It is important to the organisation both legally
and economically, as they are required to adhere to employment law and risk hefty fines if they do
not.
Employee satisfaction
Job satisfaction is a business term that refers to a person’s contentment with his or her job.
There are various factors that contribute to employee satisfaction, which may include:
Work environment
Employee relations
Salary.
Employers can measure employee satisfaction by undertaking surveys then implement measures
that nurture job satisfaction amongst workers.
Job satisfaction has been linked to increased work productivity and increased motivation which
typically leads to improved performance and reduces staff turnover.
Human resource management professionals often measure employees’ job satisfaction by assessing
workplace attitudes. This can take place informally through conversations between workers and
their supervisors or with human resources representatives.
Many organisations administer formal surveys and then use the results to amend workplace policies
and procedures. Some businesses work with outside consulting firms to analyse the results of their
employee satisfaction surveys. They might then hold workshops or training sessions to help their
employees determine the professional roles that suit them.
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Activity 1A
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1.2 – Analyse existing employee relations performance in relation to workforce objectives
Performance systems
There are also a number of reasons why performance systems should be monitored and a number of
ways in which employee relations performance can be monitored.
Managers need to identify what is going well and what needs to be improved within the
organisation. They also need to be able to monitor and measure effectiveness of resources, to
ensure that the organisation’s workforce objectives are being met.
Therefore, it is important to have some systems in place to report and record any specific
information related to the employee relations performance systems an organisation has in place.
It would be important for managers to monitor the following:
Workplace Health and Safety (WHS) issues such as accidents, incidents and near
misses
Absenteeism and sickness
Lateness
Productivity
Staff turnover
Performance appraisals and reviews
Staff training and development
Staff satisfaction, based on surveys and
feedback
Complaints and grievances.
Key Performance Indicators (KPIs) should be measured and maintained as part of a continuous
improvement process. If a training gap or a performance gap is determined using KPIs or other
methods, then the issues can be addressed.
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Performance of employees can be measured in any of the following ways:
Observation
Manager and supervisor
reports
Performance Management Plans
Annual reviews
Discussions
Informal meetings
Formal meetings
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Activity 1B
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1.3 – Evaluate options in terms of cost-benefit, risk-analysis and current legislative requirements
Cost-benefit
Employee relations have a huge impact upon the success of a business. Good employee relations can
help organisations avoid conflicts and minimise negative impact. In terms of the costs of time and
money, it is an investment well spent.
Investing in training is the key to providing a harmonised organisation. Training may include:
Teamwork
Diversity
Conflict resolution.
Productivity
Creating a pleasant atmosphere in the workplace can increase employee motivation and morale,
which in turn will lead to increased production and an increase in profits for the organisation.
Training programs can also teach staff how to work as teams.
Employee loyalty
Creating a pleasant and productive atmosphere for employees can encourage a loyal workforce.
Workers that are loyal to the organisation are less likely to want to leave. Improving retention of
workers will decrease costs of recruiting and training new staff. Low turnover of staff ensures a
trained, skilled workforce.
Quality
When worker morale is high, their loyalty to the organisation increases, as does the quality of their
work. The reduction in staff turnover makes for an experienced workforce which produces higher
quality work.
Fair pay
It never hurts to pay an employee a fair wage for an honest day’s work. The less money problems
they have, the less likely they are to want to get a second job or look for work elsewhere.
Risk analysis
Assessing the risks in terms of employee relations should demonstrate an understanding of the
industrial relations environment. Taking into consideration lessons learned from previous issues, the
risk assessment should identify an employee’s ability to comply with policy guidelines towards
efficiency and productivity.
To provide accurate information and feedback to management on employee relations matters or to
inform those persons and groups of relevant matters, it is good management to conduct a risk
assessment once you have gathered your information from the feedback methods mentioned
previously.
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Developing risk management
When developing a risk management review for your employee climate or other human resource management activities, there are a number of considerations which may include:
Likelihood – is the chance that something will happen. This can be represented
qualitatively as a word, quantitatively as a probability or frequency, or as both.
Consequence – is the impact that a risk may have and is measured in degrees of
severity, should the risk occur.
The risk management process involves a series of sequential steps which can be defined as:
The areas which are most likely to be flagged when conducting risk management assessment may include:
Compensation and benefits issues
Discriminatory practices
Hiring unsuitable employees
Wrongful dismissal
Promises made to employees that cannot be honoured
Policies and contracts of employment
Establish the context
Identifying risks
Evaluate risks
Analyse risks
Treat risks
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Safe working conditions
Adequate training
Appropriate clothing and safety equipment
Adequate policies and procedures
Reputation in the community
Release of personal information
Adequate supervision
Exit interviews.
Providing information
There are two main ways of providing information and feedback, these are:
Via management
Directly to the relevant persons or groups.
As is suggested in all the better manuals on risk management, risk, in all its many forms is best managed at the source; this may mean:
Including management or relevant persons and groups, whatever their role in your
organisation
It is more likely that attention will be focused on the actions required if somebody
takes responsibility for the risk identified.
The methods and design of the information format will largely depend on organisational
preferences. The level of detailed information, feedback or advice should relate to the level of risk
identified.
Where an organisation operates similar industrial activities from several workplaces, they may
produce a generic assessment that addresses findings. Circumstances may exist however, that
require adapting or amending the information for each workplace or work activity.
Good feedback helps an individual improve their actions.
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Legislative requirements
Under Australian law, all organisations must abide to certain legislation. Getting this wrong can
jeopardise the organisation financially and threaten its reputation.
Fair Work Act
Australia introduced the new Fair Work Act on 1 July 2009. Key elements of the system include:
A legislated safety net of ten National Employment Standards
New modern awards
Revised enterprise bargaining arrangements
Streamlined protections dealing with workplace and
industrial rights, including:
o Protection against discrimination and unfair
dismissal
o Two new organisations to regulate the system:
Fair Work Australia and the Fair Work Ombudsman.
The Workplace Authority only has responsibility for accepting lodgements of workplace agreements
and then assessing them against the No-Disadvantage Test (NDT).
Agreement types
Under the Fair Work Act there are three types of enterprise agreements:
1. Single-enterprise agreements: made between a single employer and a group of
employees. They can involve more than one employer in limited cases (e.g. where
two or more employers are engaged in a joint venture).
2. Multi-enterprise agreements: made between two or more employers and groups of
their employees.
3. Greenfields agreements: single-enterprise and multi-enterprise agreements relating
to a genuine new enterprise of the employer(s) and are made before any
employees to be covered by the agreement are employed. Greenfields agreements
are made with one or more relevant unions.
All of these are collective agreements. Unions involved in bargaining for an enterprise agreement
may choose to be covered by the agreement.
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Updates 2014
A Fair Work Amendment Bill was introduced into Parliament in February 2014. The bill includes:
Further reforms to Greenfields agreements
Measures to provide clarity around workforce flexibility arrangements.
Measures for underpaid workers.
Repeal Day
Australia’s Coalition Government had a “Repeal Day” in March 2014,
during which a number of alterations were made to the Fair Work
Act’s principles, including:
Changes to the requirements for suppliers to the
Government
Changes in obligations for tenderers in the textile,
clothing and footwear industries
Prosecutions for underpaid wages.
Such changes only serve to highlight the ever changing process of legislation to which an
organisation must comply. It is in an organisation’s best interest to keep up to date with any changes
that the Australian Government introduces.
National Employment Standards
The National Employment Standards (NES) ensure that all employees are protected by a strong
safety net of fair minimum conditions that can't be stripped away. The NES apply to all employees in
the federal system regardless of industry, occupation or income.
The NES provide employers with the flexibility and simplicity they need while also ensuring an employee’s key entitlements are protected. The NES include:
Maximum weekly hours of work
Request for flexible working arrangements
Parental leave and related entitlements
Annual leave
Personal/Carer's leave and compassionate leave
Community service leave
Long service leave
Public holidays
Notice of termination and redundancy pay
Fair Work Information Statement.
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Further legal requirements and codes of practice may include:
Compliance with applicable laws and regulations
Compliance with accounting policies and financial reporting practices
Compliance with financial and internal control systems
Compliance with external and internal audit functions
Compliance with identification and management of risks.
WHS and environmental
issues
The Law: Australia
The Commonwealth Constitution does not give the
Commonwealth a general power to legislate for work health and
safety. Hence there are ten general statutes for work health and
safety (six state Acts, two territory Acts, a Commonwealth Act
covering Commonwealth employees and employees of certain
licensed corporations, and Commonwealth Acts covering the
maritime, and the offshore petroleum and gas industries). There
are also specialist statutes covering the mining industry in some
states.
Codes of practice Codes of practice are developed by all states and territories.
Anti-discrimination The Law: Australia
COMMONWEALTH RACIAL DISCRIMINATION ACT (1975) The
Racial Discrimination Act (RDA) is designed to ensure that all
Australians have human rights and freedoms in full equality
regardless of their race, colour, descent or national or ethnic
origin, being an immigrant, or being a relative or associate of
someone of a particular ethnicity. The RDA applies to everyone in
Australia including businesses, schools, local governments, State,
Territory and Commonwealth government agencies and
departments. It overrides racially discriminatory State or
Territory legislation.
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Discrimination – protected attributes
Discrimination based on protected attributes is illegal. The grounds vary between States and
Territories.
The following grounds summarise those across Australia:
Age
Physical features (VIC only)
Profession, trade, occupation or calling (ACT only)
Industrial/trade union activity
Political belief or activity
Transexuality, transgender and gender identity
Criminal record
HIV/AIDS
Medical record
Defence service
Pregnancy (including potential pregnancy)
Homosexuality, sexual orientation, sexuality, lawful sexual activity
Carers’ responsibilities, family responsibilities, parental status
Disability, including physical, mental and intellectual disability, medical record
Race (including colour, nationality, descent, ethnic, ethno-religious or national
origin).
Religious belief or activity
Sex
Marital status
Breastfeeding
Spent convictions.
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Unacceptable workplace behaviours
There are a number of behaviours that are legally unacceptable in the workplace and your
organisation or business is responsible for ensuring they don’t occur. Policies and training should be
in place to minimise the likelihood of these behaviours.
Bullying
The repeated less favourable treatment of a person by another or others in the workplace, which
may be considered unreasonable and inappropriate workplace practice. It includes behaviour that
intimidates, offends, degrades or humiliates a worker.
Harassment
Any unwelcomed action, behaviour, comment or physical contact that is objectionable or causes
offence. Harassment is often based on discrimination.
Sexual harassment
Sexual Harassment is the unwelcomed, unsolicited and unreciprocated behaviour of a sexual nature.
Workplace violence
Involves incidents where employee is physically attacked or threatened in the workplace.
Threat
Statements or behaviour where person believes they are in danger of being physically attacked.
Physical attack
Physical attack includes any direct or indirect application of force to the body of, or to the clothing or
equipment worn by another person, where that application creates a risk to health and safety.
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Activity 1C
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1.4 – Work with the management team to develop industrial relations policies and plans
Policies and plans
As part of the management team your role will involve the development of policies and plans. To do
this you must have a good understanding of the organisation, its strategic and operational plans and
employment law. The following gives a guideline of what may need to be included and considered in
the development of the policies and plans.
Site, enterprise and statutory requirements
Site, enterprise and statutory requirements may include:
Award and enterprise agreements, and relevant industrial instruments
Dispute settlement procedures
Grievance mechanisms
Relevant industry codes of practice
Relevant legislation from all levels of
government that affects business operation,
including:
o WHS and environmental issues
o Equal opportunity
o Industrial relations and anti-discrimination
o Reporting channels and procedures.
Enterprise agreements
Enterprise agreements are agreements made at an enterprise level between employers and
employees about terms and conditions of employment. Fair Work Australia can assist in the process
of making such agreements and also deal with disputes.
Who can make an enterprise agreement?
An enterprise agreement is made between one or more employers and: employees and (in the case
of a Greenfield agreement) one or more relevant employee organisations or unions.
Why make an enterprise agreement?
Awards cover a whole industry or occupation and only provide a safety net of minimum pay rates
and employment conditions. Enterprise agreements can be tailored to meet the needs of particular
enterprises.
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What can an enterprise agreement include?
Enterprise agreements can include a broad range of matters such as:
Rates of pay
Employment conditions e.g. Hours of work, meal breaks, overtime
Consultative mechanisms
Dispute resolution procedures
Deductions from wages for any purpose authorised by an employee.
However, they cannot include unlawful content such as discriminatory or objectionable terms.
Single-enterprise agreements
Single-enterprise agreements involve one or more employers, such as in a joint venture, co-
operating in what is essentially a single enterprise. Such employers are known as single interest
employers.
Multi-enterprise agreements
Multi-enterprise agreements involve two or more employers that are not
all single interest employers.
Greenfields agreements
Greenfields agreements involve a genuinely new enterprise that one or
more employers are establishing or propose to establish and who have
not yet employed persons necessary for the normal conduct of the
enterprise. Such agreements may be either a single-enterprise
agreement or a multi-enterprise agreement.
Further information can be found here:
https://www.fwc.gov.au/awards-and-agreements/agreements/make-agreement
Continuous operation of agreements
Policies and procedures will vary from organisation to organisation. Under the Fair Work Act 2009,
agreements continue to operate after their nominal expiry date until they are replaced or
terminated by application to Fair Work Australia. Through provisions in the Fair Work (Transitional
Provisions and Consequential Amendments) Act 2009, agreements made under previous legislation
continue to have effect as agreement-based transitional instruments.
.
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Some generic policy and procedure headings would likely include:
Agreement
principles
Title
Arrangement
Application of the Agreement
Date and period of operation
Status of this Agreement
Renegotiation of the Agreement
Posting of Agreement
Flexibility term
Definitions
Committees
Dispute resolution procedures.
Staffing Appointment
Full-time
Casual
Ongoing
Fixed-term
Multiple appointments.
Remuneration
Salary / wages schedules
Superannuation
Salary packaging
Bonuses
Allowances and penalty rates.
Hours of work Attendance
Meal breaks
Overtime
Flexible working hours arrangement
Shift work
Shift rosters.
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Performance
management
Reviews
Assessments
Rewarding performance
Appraisals
Staff development
Training assistance
Promotion
Unsatisfactory performance
Counselling and first warning
Misconduct
Workplace rehabilitation
Termination.
Leave Recreation leave
Sick leave
Carer's leave
Bereavement / compassionate leave
Parental leave
Public holidays
Leave without pay
Long service leave
Special leave
Jury service
Trade union leave.
Termination Notice periods
Payment on cessation of employment
Exemptions
Provisions for completion of fixed-term appointments
Redundancy.
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1.5 – Identify the skills and knowledge needed by management and the workforce to effectively implement these strategies and policies
Skills and knowledge required
Management and the workforce will require certain skills and knowledge to effectively implement employee relations strategies and policies effectively these include:
Communication
Interpersonal understanding
Problem solving
Giving feedback
Communication
Strong communication skills are required of everyone, and especially of managers. The ability to
effective and efficiently communicate changes, plans, next steps, the direction of the organisation,
etc. is required to ensure that all employees understand where they need to head and how to get
there. Effective communication builds trust.
Interpersonal understanding
Managers and the workforce must understand
those around them; not just staff and colleagues,
but their managers and the other department
heads/employees. The ability to understand how
others think and what's important to them helps
to ensure success in accomplishing your goals.
Problem solving
The workforce and managers should know how
to understand a situation completely – they plan,
they don't react. Understanding the root cause
of a situation is necessary in order to effective
problem-solve the issue.
Feedback
Learning how to give constructive feedback; provide those who report to you and work with you
with feedback on a regular basis about how they are doing, and identify if they have any issues or
areas that they can be assisted with.
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Management skills
The specific skills and knowledge of managers may include:
Team Leadership
Influence
Providing motivation
Planning
Monitoring.
Team leadership
This requires ensuring the team understands the mission, goals and objectives before them. A strong
team leader builds effective teams that can accomplish the goals of the organisation and enables the
team to move toward a common goal.
Influence
Effective managers can persuade others to accomplish the organisational goals; just telling someone
what to do doesn't work, even if they report to you. The most successful managers are able to
influence others to move in the direction they need them to go.
Providing motivation
Learning how to motivate those around you is an important skill for managers – what's important to
your staff? Not everyone is motivated by the same things and a good manager understands their
employees and what motivates them to come to work each day and do a good job.
Planning
The ability to effectively plan projects is important for any manager. This requires sharing the vision
with others, getting them on board, creating plans to implement the vision, and ensuring timelines
are met and budgets are managed.
Monitoring
As with all management practices, you would be well prepared if you first know what you are going
to be looking for before it happens.
It may be advisable to bear in mind that:
Communicating good news to employees is easy.
Communicating employee relations policies and procedures, although they may
very well be good policies, can be difficult.
A cautious approach is always good management.
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Activity 1D
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2. Implement employee relations policies and plans
2.1 Develop an implementation plan and a contingency plan for the employee relations policies and strategies
2.2 Make arrangements for training and development for identified needs to support the employee relations plan
2.3 Undertake associated employee relations activities to reach agreement on changes required by the organisational policies or implementation plan
2.4 Ensure procedures for addressing grievances and conflict to stakeholders are properly documented
2.5 Communicate key issues about procedures for addressing grievances and conflict to stakeholders
2.6 Review employee relations policies and plans to establish whether they are meeting their intended outcomes
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2.1 – Develop an implementation plan and a contingency plan for the employee relations policies and strategies
Business plans
An organisation will have a performance or business plan in place in order to define the steps a
company plans on taking in order to achieve the organisational objectives set by management. It
also forms a blueprint for the provision of assisting employees to work in line with, and towards, the
achievement of the mission and vision statement.
Business Plans are usually externally focused and relate to the organisation as a whole, what
objectives it has and how it can work to continually improve processes and systems.
Operational plans are internally focussed so that employees understand what the company expects
from them in terms of working towards the desired objectives.
Implementation plans
An implementation plan will involve several parties or individuals these include:
Management and Senior Management teams
Employee relations specialist
Employees
Legal representatives
Representatives and unions
Stakeholders.
Communication
Managers need to communicate the overall implementation plan to relevant staff members so they
can work towards the achievement of the introduction of employee relations polices and strategies.
There will always be a number of risks and constraints that can apply to the implementation of
policies and strategies. However, staff members should usually be aware of any contingency plans
and back up options in the unlikely event that a risk should present itself to the business.
Planning is about looking towards what the company wants to achieve, therefore, implementing the
plan is about determining how it is going to achieve this. It should focus on what is going to happen
to the organisation as it moves towards achieving these objectives and milestones.
Actions that result directly from plans should be considered as part of the process of
implementation also. Past situations should be taken into account to determine what the future
implications are likely to be.
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Some of the ways in which policies and strategies information could be given include:
Posters in common areas
General staff meetings
Conferences
Informal staff discussions
Emails to staff
Annual performance review.
Information of policies and strategies should be accurate, valid and sufficient. It should relate
directly to the organisational objectives and should be easy to implement and follow.
Trends
Trends should be analysed according to the data available. It is a good opportunity to analyse
anything relating to the planning, review performance, compare with competitors, and improve
general company procedures.
Managers should be familiar with suitable ways of collecting and keeping track of information that is
collected to analyse these trends and understand how the company is progressing.
Failures
It is always an organisation’s intention to make change for the better; however, not all change is
successful.
Some examples of why changes fail are:
Misunderstanding what the change is and why it has to be changed
Change implemented without planning and preparation is doomed to fail
No clarity of the organisation’s mission or vision
Lack of communication with its employees and stakeholders can cause discontent
If previous change has not been successful its legacy can have an impact upon
future change
Change is not about a quick fix it's about a long term vision for the future.
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Contingency planning
Contingency planning and risk management play a very big part in managing a business. However,
contingency planning is not always about doom and gloom. It is simply a matter of trying to identify
possible risks to the business and finding a solution in the unlikely event that something happens.
Sometimes history can also dictate the necessity for a contingency plan. For example, something
may not have been considered a risk until after it happened.
Risk management is an area that all managers need to take seriously. The possibility of something
happening that can impact on the organisational objectives is a matter that needs to be considered
and all options made available on the chance that it does.
Managers can often identify and determine the possible risks but sometimes they may need to
employ an expert in the field. Experts can include risk assessors, insurance assessors or someone
with prior knowledge of the risk. Contingency planning allows for these factors to be considered in
the event that a risk factor becomes a reality and should be flexible on the chance that a situation
requires adapting to.
Contingency plans can include the following aspects:
Description of the possible nature of the risk
How the risk is going to impact the organisation if it
occurs
Financial implications if the risk occurs
Options for response
Cost of response options
How the options chosen will affect team members.
In organisations, the main factors that need to be considered when making plans and contingency plans for employee relations are causes of possible conflict, such as:
Ineffective or insufficiently trained staff
Unfair treatment
Unclear job roles
Poor communication
Poor work environment
Equal opportunities
Bullying and harassment
Unresolved historical issues
Increased workload on workers.
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Managers need to be given the authority to make decisions based on possibilities and other
scenarios presented on the chance that a risk occurs.
Plans should be as concise as possible and should include:
A definition of the situation that could occur
An outline of how the organisation will continue to operate if the scenario or
situation does occur
Variable factors
Costing and suggested budgetary requirements
to implement the options
Timeframes and deadlines for the options to be
implemented.
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Activity 2A
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2.2 – Make arrangements for training and development for identified needs to support the employee relations plan
Training can be the key to the success of the introduction of new employee policies and strategies.
Often among employees there will be some resistance to change, it is not necessarily the change
that employees resist it is the impact that the changes may have on them personally. This is where
training can help; it can inform employees, identify difficulties and provide solutions, enabling the
implementation processes to run as smoothly as is possible.
Training
What does the training involve?
Training will mean making sure that everybody is aware of the policies and procedures; this may
involve:
When devising training for staff, do so with care and
concern for the emotions that can occur when
discussing employee relations policy or procedural
changes
Face to face training is highly recommended rather
than online or virtual training as it evokes emotional
responses which cannot be monitored online or
virtually
Listening to the concerns of staff and be willing to
compromise if that is possible. Not all policies and
procedures are written in stone
Establishing an open line of communication to the Human Resources (HR)
department or whomever is authorised to handle training questions
Consulting with unions or staff representatives.
Formalise the acceptance of training
Upon communicating policy and procedures it is good practice to have each employee sign an
acknowledgement of having been trained on the relevant information. It should be part of this
acknowledgment that they also understand the new policy and procedure requirements and are in
agreement with the details.
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Possible conflicts
You should anticipate potential industrial relations conflicts and negative handling of the requested
actions if they occur. When issues do arise respecting the way an employee feels paves a much
better path for gaining full acceptance of the policies and procedures and any changes that may
directly affect the individual. Allow employees to express their concerns but promote the positive
attributes, particularly as they relate to employees and the how important these policies are to the
organisation
Ease of access
You should ensure that all policies and procedures are easily accessed to all employees after the
training.
Ways to do this may include:
Your website
Intranet
Company newsletters
Bulletin boards
Hard and electronic copies
A manual or document that is easily accessible.
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2.3 – Undertake associated employee relations activities to reach agreement on changes required by the organisational policies or implementation plan
Involvement practices
When there is change there will always be some resistance, involving employees in the planning and
implementation of polices can assist in alleviating concerns of employees. Generally employees that
are better informed about their workplace are more likely to have higher performance. Ramsey
(1996 cited in Gennard and Judge 2006) argued that the improved economic performance stemming
from participation is the result of employers being able, on behalf of their employees, to change
employees' attitude, to increase their business awareness, to improve their motivation, to enhance
their influence/ownership and to involve their trade unions.
Ways to alleviate the concerns of employees may include:
Communication practices
Workplace meetings
Problem solving practices
Financial practices.
Communication practices
Briefings
This form of involvement would usually be 'cascaded' down from management to the supervisors
and then on to the general workforce. This method of communication is not without its problems
often the information can become watered down and quickly become out of date by the time it
reaches the workers.
Workplace meetings
This method of communication can be effective in that it gives management at all levels the
opportunity to communicate, then allows the opportunity to have questions raised and answers
presented.
Staff newsletters
This is a good format to communicate as it is permanent record and cannot be watered down.
However, each member of staff must be given access to the newsletter. An efficient way of
distribution is needed, such as enclosing a newsletter with every employees pay slip, or posting on
staff notice boards and encouraging employees to take the time to read it.
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Problem solving practices
Suggestion schemes
This is a formal method of allowing employees to communicate their ideas to management so that
they can consider a wide range of areas and review work practices and operations.
Employee attitude surveys
These are used periodically to discover how employees feel about
particular aspects of their work.
Financial practices
Profit-related bonus schemes
This gives employees rewards for their contribution to the
organisation. It works by linking a percentage of employees' pay
to the profits of the organisation.
Deferred profit schemes
This is where profits are put into trust funds to acquire shares in
the organisation for employees.
Employee shared ownership schemes
This gives employees a stake in the ownership of the organisation. It gives the employee shareholder
rights and encourages them to have a long term commitment to the organisation.
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Activity 2B
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2.4 – Ensure procedures for addressing grievances and conflict to stakeholdersare properly documented
Grievances
A grievance is a complaint, problem or concern that an individual may want to take up with their
employer. Grievances usually arise when an employee feels that a decision or behaviour by another
individual or party is unfair or unjust. Not all grievances are justified and management can argue that
there is legitimate reasoning for the action or decision being taken. It is essential that all
management have adequate training to be able to deal with grievance situations and have the ability
to discern between legitimate and non-legitimate grievances.
The grievance procedure should be clarified as part of the induction
of all employees. Organisations will often include grievance
procedures in the employee handbook or display it on a notice
board.
The grievance procedure itself should set out clearly what an
employee needs to do if they have a complaint, problem or concern
and who they should discuss this with.
Documenting the process
Throughout the grievance management process, accurate documentation and records must be
prepared by the relevant parties, except when it is not appropriate such as when the grievance is
dealt with informally. However, keeping a log of the informally solved grievances may become useful
if the same employee raises a similar issue or complaint in the future.
If the grievance is to be formally investigated, the grievant and the respondent should each be asked
to document their position and the nominated supervisor or Executive Staff member conducting the
investigation should properly document the proceedings. Your organisation may already have record
forms for this purpose.
You may also need to complete other documents or records including items such as:
Confidentiality agreements
Investigation request
Witness statements
Actions taken documentation
Any signed or written agreements between the involved parties.
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2.5 – Communicate key issues about procedures for addressing grievances and conflict to stakeholders
Dealing with grievances
The grievance procedure benefits the employees and gives them an understanding of how their
concerns may be dealt with.
The purpose of the grievance procedure is:
To ensure fair and consistent treatment of all employees
To reduce inconsistencies,
To clarify how each case will be dealt with
To maintain good employee-employer relations
To avoid disputes and possibility of legal action against
the employer.
Policy statement
The policy statement defines in advance how the organisation intends to deal with the grievance and will include:
The stages of proceedings
Timeframe
Representation
The monitoring and reviewing processes.
Stages
These will state the typical stages of the procedure. The following is an example:
Stage One – A formal grievance should be raised with your supervisor or direct line manager either
orally or in written format, in the instance where the grievance is related to that individual you
should raise the concern with their supervisor. This should be dealt within five working days.
Stage Two – If the matter is not resolved within the agreed timeframe, you may refer it to the next
level management. You or your representative should clearly state your reason of complaint and on
what grounds you feel it is justified. A meeting should take place within seven days of the request.
Stage Three – If the matter is not resolved at stage 1 or 2 or within the agreed timeframe, you or
your representative may apply in writing to the next level of management. A meeting will normally
take place to consider the matter within ten days of the request being made. The decision of the
divisional executive is the final stage and a response will be given in writing.
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Timeframe
Employees will want their grievance settled as soon as possible and would consider their grievance
to be high priority; however, the manager will need to
take time to consider how to approach the grievance and
may need time to consult or investigate the grievance.
Representation
Employers must ensure that they remain fair and assist
employees to have representation, such as a union
representative or an individual who can advocate for the
employee. Often employees can find the grievance
process intimidating and lack confidence especially if the
grievance involves a member of the management team.
The representative will often be from an internal source
of the organisation with a good working knowledge of the
organisation’s policies and procedures, but the
representative must also be non-biased in order to ensure a fair resolution to the grievance.
Monitoring and reviewing
After the resolution of a grievance, the manager should ensure that measures are taken to try to
prevent the same or similar grievance occurring again. Monitoring and reviewing both organisational
practices and employee practices should highlight any issues arising so that managers can deal with
them before they become employee grievances.
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Activity 2C
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2.6 Review employee relations policies and plans to establish whether they are meeting their intended outcomes
When policies and plans have been implemented it is necessary to review them. The review and
monitoring process will establish whether they are meeting their intended outcomes. There are
various ways in which these policies and plans can be reviewed one of these is the use of feedback.
Trial 360 degree feedback
Trial 360 degree feedback provides an organisation with constructive feedback on how their work-
based behaviour is seen by their colleagues.
It serves a number of functions including:
It is primarily for personal development but can be used for other purposes
Feedback is collected from employees who are asked to complete a questionnaire
that explores how the subject of review influences their work.
Feedback is usually collected electronically via email or the
web.
The information received in the feedback is combined into a
report of charts, graphs, tables and written comments, that
are fed back to the review subject.
It is called a 360 review because responses will come from people all around the review
subject – their manager, peers and other co-workers, team members, even their clients and
customers can all play a constructive part in providing them with valuable feedback on how they feel
about change and the introduction of new policies and plans in the organisation.
Ask the staff
Common questions managers seek input on include:
How engaged are the employees with their job roles?
How satisfied are they working for the organisation under the new conditions?
What is the communication climate like with management?
Do they have the right tools to do the job?
How secure do they feel in the job?
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Conducting surveys
There are a number of ways to conduct surveys including:
Getting employee feedback – conducting employee surveys on working conditions
Conducting a full-scale employee survey is still the most recommended method for
gaining sound and measurable employee feedback.
Professionals recommend doing surveys on a regular basis, but do not overdo this
as employees will feel intimidated and not take the purpose seriously.
Conduct your employee surveys so that the right questions are asked in seeking the most
informative answers.
Other recommendations include:
Avoid leading questions. A leading question suggests to the employee that the
organisation may expect or desires a certain answer.
Don’t ask double barrelled questions such as more than one topic in a single
question. The survey questions should stick to one topic about the industrial
climate. Multiple answers are of no help in measurement.
Avoid loaded questions. A loaded question asks the employee to rely on their
emotions more than the facts.
Make sure that your employees can easily understand every survey question about
your industrial climate. You will know the level of detail you require first so replace
unusual words, technical words, or jargon with simple, common language that is
used in the workplace.
You should only ask your employees for feedback information on the industrial
climate that they are in a sound position to know firsthand and do not need to
speculate.
Although it is recommended to tailor the specific questions
to your industrial relations issues, most surveys also tend to
discover how connected the employee feels to the
organisation.
Most surveys of this nature can also address if employees
have a good work-life balance, whether they are proud to
work for the organisation and how much effort they put into
their work.
Questions on industrial climate in the workplace can also be
tailored to find out how long the employee plans to stay
with the company or what their feelings are about health
and safety issues.
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Professionals say a mix of quantitative questions — asking employees to rate their
satisfaction on a five-point scale, for instance — should be mixed with open-ended
questions to gain a mix of anecdotal and statistical information.
As for length, experts say a survey with between 35 and 55 questions is the ideal
length, and it should take no more than 15 to 25 minutes to complete.
You should allow sufficient time for employees to complete the survey.
Avoid busy or inappropriate times like holidays or free time.
Anonymity
If the employees are reluctant to complete open surveys or focus groups, provide anonymity. If
employees can be assured their responses won't lead to any retribution, they are much more likely
to give honest answers.
Online surveys
Online surveys are considered the most efficient method for
surveys, but you'll need to make sure everyone in the
organisation has access to a computer. This can be done by
setting up a dedicated computer station in the human
resources office or by scheduling time for workers to use a
certain computer terminal.
Encouragement from management
A successful push for employee engagement has to be believable. That's why experts say if you really
want to hear from your employees, you should have your senior executives encourage feedback on
a regular basis or send out reminders.
Incentives
While experts discourage companies from offering direct incentives to individual employees who
participate in feedback opportunities, other methods are available such as offering an open style
raffle or monthly prize of something substantial like an iPad or iPod etc.
Offers of donating money per response to a charity if the surveys reach a certain response level is
not always regarded as an ‘incentive’ as typically the ‘out’ by the employee is they don’t agree with
the charity.
The worst thing for your organisation is to go to great lengths to solicit employee feedback and then
do nothing with it.
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Activity 2D
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3. Manage negotiations to resolve conflict
3.1 Train individuals in conflict-management techniques and procedures
3.2 Identify, and where possible alleviate or eliminate, sources of conflict or grievance according to legal requirements
3.3 Check documentation and other information sources to clarify issues in dispute
3.4 Obtain expert or specialist advice and/or refer to precedents, if required
3.5 Determine desired negotiation outcomes, negotiation strategy and negotiation timeframes
3.6 Advocate the organisation’s position in negotiation to obtain agreement
3.7 Document, and if necessary certify, the agreed outcomes with the relevant jurisdiction
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3.1 – Train individuals in conflict management techniques and procedures
There are many ways to resolve conflicts – surrendering, running away, overpowering your
opponent with violence, filing a lawsuit, etc. Conflict resolution grew out of the belief that there are
better options than using violence or going to court. Today, conflict resolution is used in a wide
range of industries covering an array of different situations.
It is very easy to view all conflict as negative, but this is not true. We are all different and those
differences can sometimes emerge as conflict. Viewing conflict in this way can help us consider the
possible positive outcomes of the problem at hand.
Conflict
Wherever people live and work together there will be tensions and disagreements. Whilst some are
relatively minor skirmishes which soon blow over, others become entrenched and simmer away for
years. A few escalate and explode into serious strife.
Some examples of conflict can include:
Executives receive a 10 per cent pay increase whilst shop floor employees are laid
off.
An employee gains permission to work from home whilst other employees are
refused.
One department refuses to work with another due to a personality clash with
management.
One employee is bullied by their supervisor.
Conflict can also be healthy for an organisation. Conflict can sometimes increase motivation and
competitiveness in certain situations.
Two companies vie for the top market share.
Several sales people work to be the top salesperson.
Australia works towards winning the Rugby World Cup.
These examples of conflict can result in greater success, whether it means
a better product, better teamwork, better processes, lower prices,
trophies, or medals, etc.
Everyone experiences conflict – it’s how you deal with it that matters.
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Effective conflict resolution
Conflict resolution can be obtained in many different ways, from mutual agreement to completely
wiping out your opponent. Few of us can deny that the conflict of World War 2 was eventually
resolved, but at what cost? If Germany had won the war, this would also mark the resolution to the
conflict. This would imply that conflict resolution has no right or wrong outcome, only a subsidence
of the conflict. Effective conflict resolution implies a satisfactory outcome to the conflict which
satisfies all parties.
Some common conflict resolution terms include:
Mediation: a process to resolve differences, conducted by an impartial third party
Mediator: an impartial person who conducts a process to resolve differences
Dispute resolution: the name given to any process aimed at resolving differences
between two parties
Apparent conflict: a situation where the conflict is in the open
Hidden conflict: a situation where the conflict is not in the open
Destructive conflict: can result in heavy organisational and personal costs
Constructive conflict: can enhance problem solving, and decision making.
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Conflict comes in many forms, and our process will help you in any situation.
Below, you can find a brief overview of how we are going to spend most of this workshop:
Although we have outlined the various conflict resolution phases in a particular order and with a
particular grouping, that doesn’t mean that you have to use all the phases all the time.
Effective conflict resolution styles
As with many subjects that improve our working or personal environment, effective conflict
resolution has five widely accepted styles and processes. We will concentrate during this workshop
on the collaborative style. There may be some situations that require a different style so during this
section of the workshop we will touch on the other four styles.
Understanding all five styles and knowing when to use them is an important part of successful
effective conflict resolution.
• Defuse emotions
• Set ground rules
• Set the time and place
Create a communicative
atmosphere
• What do I want?
• What do you want?
• What do we want?
Mutual understanding
• Identify common ground
• Build positive energy and good will
• Strengthen the partnership
Individual and shared needs
• Examine root causes
• Create a Fishbone diagram (for complex issues)
• Identify the benefits of resolution Go to the root cause
• Generate, don't evaluate
• Create mutual gain options and multiple option solutions
• Dig deeper into the options
Create options
• Create criteria
• Create the shortlist
• Choose a solution
• Build a plan
Solution building
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The five styles include:
Collaborating
Competing
Compromising
Accommodating
Avoiding.
Collaborating
Collaborating is both assertive and cooperative -- the complete opposite of avoiding. Collaborating
involves an attempt to work with others to find some solution that fully satisfies their concerns. It
means digging into an issue to pinpoint the underlying needs and wants of the two individuals.
Collaborating between two persons might take the form of exploring a disagreement to learn from
each other's insights or trying to find a creative solution to an interpersonal problem. This is the
approach that we will use during this workshop.
The collaborative approach encourages parties in conflict to work together to develop a win-win
solution. This approach promotes assertiveness (rather than aggressiveness or passiveness).
This style is appropriate when:
The situation is not urgent.
An important decision needs to be made
The conflict involves a large number of people
Previous conflict resolution attempts have failed.
This style is not appropriate when:
A decision needs to be made urgently
The matter is trivial.
Competing
Competing is assertive and uncooperative -- an individual pursues his own concerns at the other
person's expense. This is a power-oriented mode in which you use whatever power seems
appropriate to win your own position -- your ability to argue, your rank, or economic sanctions.
Competing means "standing up for your rights," defending a position which you believe is correct, or
simply trying to win.
With a competitive approach, the person in conflict takes a firm stand. This style is often seen as
aggressive because it causes the other party to feel injured or stepped on.
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This style is appropriate when:
A decision needs to be made quickly
An unpopular decision needs to be made.
Someone is trying to take advantage of a situation.
This style is not appropriate when:
People are feeling sensitive about the conflict.
The situation is not urgent.
Compromising
Compromising is moderate in both assertiveness and cooperativeness. The objective is to find some
expedient, mutually acceptable solution that partially satisfies both parties. It falls intermediate
between competing and accommodating. Compromising gives up more than competing but less
than accommodating. Likewise, it addresses an issue more directly than avoiding, but does not
explore it in as much depth as collaborating. In some situations, compromising might mean splitting
the difference between the two positions, exchanging concessions, or seeking a quick middle-ground
solution.
With the compromising approach, each person in the conflict gives up something that contributes
towards the conflict resolution.
This style is appropriate when:
A decision needs to be made sooner rather than later
Resolving the conflict is more important than having each individual “win”
Power between people in the conflict is equal.
This style is not appropriate when:
A wide variety of important needs must be met
The situation is extremely urgent
One person holds more power than another.
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Accommodating
Accommodating is unassertive and cooperative – the complete
opposite of competing. When accommodating, the individual neglects
his own concerns to satisfy the concerns of the other person; there is
an element of self-sacrifice in this mode. Accommodating might take
the form of selfless generosity or charity, obeying another person's
order when you would prefer not to, or yielding to another's point of
view.
This style is one of the most passive conflict resolution styles. With this
style, one of the parties in conflict gives up what they want so that the
other party can have what they want. In general, this style is not very
effective, but it is appropriate in certain scenarios.
This style is appropriate when:
Maintaining the relationship is more important than winning
The issue at hand is very important to the other person but is not important to you.
This style is not appropriate when:
The issue is important to you
Accommodating will not permanently solve the problem.
Avoiding
Avoiding is unassertive and uncooperative -- the person neither pursues his own concerns nor those
of the other individual. Thus he does not deal with the conflict. Avoiding might take the form of
diplomatically side stepping an issue, postponing an issue until a better time or simply withdrawing
from a threatening situation.
People who use this style tend to accept decisions without question, avoid confrontation, and
delegate difficult decisions and tasks. This is another passive approach that is typically not effective,
but it does have its uses.
This style is appropriate when:
The issue is trivial.
The conflict will resolve itself soon.
This style is not appropriate when:
The issue is important to you.
The conflict will continue or get worse without attention.
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Creating communicative atmospheres
Creating a communicative atmosphere is a very important step in the effective conflict resolution
process. The people involved in the conflict will typically be negative. With emotions like anger,
frustration, and disappointment being only a few roadblocks you will have to contend with. By
establishing a positive communicative atmosphere, you can begin to turn that negative energy
around, and create a powerful problem-solving force. This creates a sound foundation for the
effective conflict resolution process to start.
Defuse emotions
Before beginning the effective conflict resolution process, there must be a willingness by both
parties to resolve the conflict. This may seem a an obvious requirement but in some competing
conflicts one party may not wish to discuss if there is any hint they may need to give any ground.
Without buy-in from both sides, achieving a win-win solution is close to impossible.
Once participants have agreed that they do wish to resolve the conflict, it is important to defuse as
many negative emotions as possible. This requires you to allow the participants in the conflict time
to vent and work through the feelings associated with the conflict.
Key steps for the people in conflict include:
Accept that you have negative feelings and that these feelings are normal.
Acknowledge the feelings and their root causes. Example: “I feel very angry that
Marie never offers to make the tea.”
Identify how you might resolve your feelings. Example: “If Marie would offer to
make the tea occasionally instead waiting for me to make it.”
This can generate ideas about what the root cause of the conflict is, and how to resolve it. Example:
“Marie’s work may be heavier than mine. I wonder if she might be having some stress and anxiety
regarding her time.”
Setting ground rules
Ground rules provide a framework or a set of rules for people to resolve their conflict. Ground rules
should be set at the beginning of any effective conflict resolution process. They can be very brief or
very detailed – whatever the situation requires.
Ground rules should be:
Developed and agreed upon by both parties
Positive when possible
Fair to both parties
Enforceable
Adjustable
Distributed to both parties who agree to the rules prior to the meeting taking place.
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If the parties are using a mediator to help them resolve the conflict, it is important that the ground
rules are developed by the parties and not the mediator. The mediator’s role is to guide and mentor,
not to judge.
Some examples of ground rules include:
Keep interactions respectful, even when feeling frustrated or hurt. Avoiding put-
downs, name calling, interruptions, etc. This helps prevent conflict escalation
Maintain emotional control, even when feeling angry. Vent or redirect emotions to
avoid yelling or other intimidating behaviour. This helps provide a safe environment
for resolving differences
Keep interactions on "hot topics" within a structured process. Avoiding
spontaneous discussions on such issues helps prevent unintended "blowups." Using
a planned negotiation or mediation helps focus and balance communication about
especially delicate issues
Show a willingness to understand. If others feel understood and acknowledged,
they are more likely to collaborate when problem solving. This requires focusing on
and empathising with what is being communicated by others rather just waiting for
a turn to respond
Communicate honestly and openly. Holding back on what the real concerns are will
only delay or complicate the resolution of differences
Be as objective as possible. Avoid speculation, rumours, and assumptions. Rely on
personal observations and experiences or what can be independently verified
through a credible witness or available documentation
Express concerns in a constructive manner. Each party describing which of his/her
needs are not being met is typically better received by others than accusations or
demands for change
Focus on future solutions rather than past blame. Emphasising what needs to be
changed rather than who is at fault takes less time and energy and increases the
chances of successful change
Look for solutions that meet everyone's needs. Using an approach that tries to find
common ground or shared interests is the most effective way for each person to get
his/her own needs met. An approach that disregards a person's needs is likely to
cause resentment in that individual, which can lead to future resistance or
retaliation.
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Participants can use the ground rules throughout the conflict resolution process to monitor and
modify their behaviours. Ground rules give participants an objective, logical way of addressing
personal attacks and emotional issues.
An example: “David, I feel like you have cut off my last statements. We agreed at the beginning of
this that we would listen to each other’s statements fully before answering.”
If the conflict is being mediated, this also gives the mediator a fair way to give participants feedback
and help them work with the conflict. Since the same rules are being applied to everyone, it can help
the mediator maintain fairness and avoid bias.
Choosing the time and place
Thoughtful consideration of the environment in which the discussions are to take place are very
important. The correct location enhances the parties’ commitment, supports quality decision-
making, and can enhance the appearance of the mediator’s neutrality. It could be the most
important decision made by the mediator.
The environment should include physical surroundings that affect people’s bodily comfort levels. It
also should include some less tangible elements: the parties’ relative levels of power, their feelings
of safety, and arrangements that convey respect.
You should remember to bring flip charts, markers, calculators, and
notepads for the parties. Make sure the facility has available phones,
fax machines, laptop computers, and printers. If you feel it necessary,
make tissues available. On-site issues relieve emotional parties of
embarrassment and tension. They communicate a clear nonverbal
message that crying is an acceptable and normal event that happens
during this stressful time.
Make sure that there is lots of time allowed. Minimise distractions if
possible: turn cell phones off, forward office phones to voice mail and
turn off computers.
If you are mediating a conflict resolution meeting, be conscious of the needs of both parties when
scheduling the meeting. Make sure that the time chosen works well for both of them. Choose a
location that is neutral (one that they are both comfortable with or that neither has visited before).
Removing distractions will enable both parties to concentrate on the matter at hand: resolving the
conflict.
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Activity 3A
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3.2 – Identify, and where possible alleviate or eliminate, sources of conflict or grievance according to legal requirements
Alleviating conflict
Conflict in the work place should not always be viewed negatively, often out of conflict new
solutions can be conceived. However conflict can become destructive and quickly spiral out of
control. Identifying possible sources of conflict early can prevent them becoming major issues.
There may be signs in the organisation that difficulties are impending; these could include:
Staff absence increases – some employees find it difficult to cope with stress and
may feel the need to take sick leave
Decreased productivity – workers are less likely to be focused on their job and more
likely to make errors and do their work more slowly
Increase in resignations – some workers may not want to be confrontational and
rather resign and move to another job
Behavioural changes – employees may turn up for work late,
become more emotional, withdrawn or become aggressive
towards other members of staff or management
Increase in workplace injuries – employees under stress are
more likely to injure themselves
Increase in complaints and grievances – staff may be
approaching management with complaints a pattern may
emerge that the complaints or grievances may have a
common factor linking them
Bickering and backbiting – employees may bicker or form
cliques
Low morale – staff may become disenchanted or lack motivation
Increase in employees accessing support services – staff may seek advice or help
form support services within the organisation such as counselling services.
Negative feedback – employees may express their dissatisfaction with areas within
the organisation such as management, workload, decision making during annual
appraisals or when conduction staff surveys.
Part of your role as manager is to identify the above factors and investigate the root cause. There
are some measures you can implement to alleviate or even eliminate these issues before they
escalate.
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Communicate with employees
If it's an interpersonal issue between two or more parties talk with those involved, ensuring that the
discussion remains private. Act as a mediator between the parties, remain unbiased and don't take
sides allowing the parties involved to air their issues.
Be approachable
Become approachable to staff so they can come to you with their issues. Keep conversations
confidential except in circumstances were other parties may be at risk of harm. However if an
employee discloses that another party or
themselves may be at risk of harm, then you
must inform the individual that you intend to
disclose the information to either a specialist or
another party that may be able to help with the
issue.
Train employees
Train employees in conflict resolution skills and
how to communicate properly. The goal is that
your employees know how to discuss their
problems in an effective manner that prevents
conflicts from developing. Show them how to
communicate by using a respectful tone,
choosing the right words, actively listening, and
remaining nonthreatening towards coworkers.
Teach everyone conflict-resolution skills and
expect all employees to use them.
Encourage fun
Promote the benefits of humor at work. The workplace should be not only a challenging and creative
place; it should also be a place that employees enjoy. Add fun to meetings when you can. Start a
meeting with a funny story or joke. Bring fun things into the workplace. It should be stated that
inappropriate or offensive humor is off limits.
Establish expectations
Clearly state all of your expectations. People work best when they know what to expect at work and
what is expected of them. State expectations through positive directives and always follow through.
Employees need to know their responsibilities, the roles others play, and how these duties relate to
each other. Ensure employees know the codes of conduct they are expected to abide by.
Be positive
Be positive and give your employees praise and feedback. Take the time to offer words of approval.
Being positive will generate positive results. Show your employees that you appreciate their efforts
and accomplishments. Offer insight into how employees can improve, and always keep your
comments work related. People work best when they hear positive words. Encourage your
employees to talk about the positive aspects of their job as well.
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Be a role model
If you are seen taking a passive-aggressive approach when dealing with your own conflicts and
issues, your employees are more likely to behave passive-aggressively when involved in their own
quarrels. Model the behavior you want your employees to exhibit.
Establish boundaries
Without boundaries, there are more likely to be workplace conflict
and power struggles. Be professional while being empathetic and
compassionate towards your employees.
Implement behavioral consequences for employees who are
uncooperative – Despite all of these strategies, you could have an
employee who just won't change, either because they are unwilling
or unable. Explain the consequences and follow through if the
employee still remains unresponsive.
Collective disputes
Often conflict and grievance can involve an employee collective often in cases of poor work
environment or increased workload. These situations are dealt with through the grievance
procedure, but can often lead to workplace disputes.
Increasingly alternative dispute resolution is being used to deal with disputes, this kind of resolution process can be:
Facilitative
Advisory
Determinative.
Alternative dispute resolution can help individuals and parties through the following methods:
Conciliation – Requests for conciliation in collective disputes often come from the employer trade
unions or representatives. Conciliation is a voluntary process for all parties with no commitments,
only the willingness to discuss the issues. This is a process in which the parties, with the assistance of
the conciliator, identify the issues in dispute, develop options, consider alternatives and endeavour
to reach agreement. A conciliator will provide advice on the matters in dispute and/or options for
resolution, but does not make a determination. The conciliator is responsible for managing the
conciliation process.
Mediation – If the conciliation process is unsuccessful and no settlement can be reached then
mediation may be the answer. It is a voluntary process in which the parties to a dispute, with the
assistance of a neutral third party (the mediator) identify issues, consider alternatives, develop
options and endeavour to reach agreement. The mediator has no advisory or determinative role on
the content or outcome of the dispute but may offer advice on the process for resolving the dispute.
Mediation is usually conducted in private and the outcomes are confidential to the parties to the
mediation.
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Arbitration – This is a process in which the participants to a dispute present arguments and evidence
to a dispute resolution practitioner (the arbitrator) who makes a binding decision. Unlike in the
conciliation and mediation process the employer does not retain control all parties before the
arbitration process begins must agree by the arbitrator's decision.
For more information on Alternative dispute Resolution go to The National Advisory Council on
Alternative Dispute resolution (NADRAC) website www.nadrac.gov.au.
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Activity 3B
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3.3 – Check documentation and other information sources to clarify issues in disputes
Checking documentation
Management should keep up to date records regarding any complaints, concerns, disputes of
grievances. In some cases this may be HR's responsibility if it is relating to an individual’s dispute; for
example in the case of an employee claiming discrimination. Often cases can be dealt with informally
without the need to go into grievance procedures, however all cases should be documented
Communicating with employees is one of the most important things you do in your job as a
manager. Your written communication must be clear, accurate and timely. When an employee has a
performance, conduct problem or dispute your documentation may be the tool that helps the
employee or employer identify and clarify the issues. A secondary benefit of documentation is that is
protects the organisation and employee from losing complaints, appeals and grievances.
Objectivity is the first step of effective communication. Effective organisational decisions and
effective documentation are based on an objective analysis of factual information. Your analysis
must consider all available information and be free of emotion and bias.
Getting the facts
Facts are the key to effective documentation. You must describe an employee’s conduct and / or
performance objectively. Effective documentation is factual and specific, so that the employee, your
manager and any third party will get a clear picture of situation.
Record all events as soon as possible. Contemporaneous evidence carries more weight in a
proceeding or court than a reconstruction of events from memory after time has passed.
In documenting the facts surrounding an incident, dispute or grievance, it is advisable to:
Be factual and specific, recording what people actually say and did. Answer the
questions:
o What happened? – was there a specific incident that triggered the
complaint?
o When did it happen? – be specific about dates, and timings
o Who was involved? – include all parties and individuals that were involved or
may have witnessed the incident
o How did it happen? – if it was a specific incident, or conversation what
occurred before and after the incident
Be sure the dates, times and places your list are accurate.
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Do not use subjective thoughts, assumptions, opinions, judgments, or conclusions.
They will not stand up to scrutiny by a third party unless objective facts are
provided to support them. Instead, describe your direct observations of the
employee’s behaviour or record the direct observation of others. An excellent way
to do this is to use words that describe your five senses:
o I heard...
o I touched...
o I smelled...
o I tasted...
If there was another witness to an incident, you should attempt to get a signed
statement from that person. When another person describes an employee’s
behaviour, you should ask questions to help the person use objective observations
to describe what they saw, heard, felt, tasted, and touched.
Always write for the benefit of a third party. Don’t assume the person reading the
documentation knows anything about the organisation or the duties performed in
your workplace.
In addition to witness statements, you should also collect any other reports or
records that exist (e.g., accident reports, police reports, time cards, computer
records, etc.) that can help you explain what happened. Also, you should take
photographs, videotape, etc. if they will help document the incident.
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Activity 3C
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3.4 – Obtain expert or specialist advice and/or refer to precedents, if required
You may not always be able to resolve workplace grievances before escalation, but either way you
may need to contact employee relations experts to help with the situation. You may have had the
guidance of a supervisor or manager to deal with the grievance but they could possibly refer you to
an expert who you will need to contact for further advice.
Specialist advice
Employee relations expertise may include:
Employment relations consultants
Industrial relations and employment lawyers
Industry peak bodies or chambers of
commerce
HR officers and managers.
You will need to decide on the most appropriate expert with the supervision of a supervisor or
manager. Once you have decided who can help with the situation, you will need to contact them,
giving them details of the issue. There may be occasions when you seek an expert’s advice about
general issues rather than a specific case, so you should always be prepared to communicate with
such specialists. HR officers and managers will always be present within most organisations to aid in
employee relations.
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3.5 – Determine desired negotiation outcomes, negotiation strategy and negotiation timeframes
Negotiation
Negotiation is the coming together of two parties to discuss with the view of concluding a jointly
acceptable agreement.
There are two main elements involved in negotiation these are:
Persuasion
Compromise.
Before the negotiation process begins the parties involved need to determine what their desired
outcome of the negotiations are. Both parties must be willing to communicate and should have
chosen their representatives.
There are five stages in the negotiation process:
Preparation
Presentation
Finding common ground
Concluding the agreement
Documenting the agreement.
Preparation
During the preparation stage all information is collected to substantiate each parties claim. This
information is used to form persuasive arguments and counter arguments. Part of this stage will
include the identification of tradeable items this gives the parties something to bargain with and a
basis for a compromise agreement. The management will weigh up the significance of the issues at
stake for the protection and advancement of the organisation, its employees and economic
interests.
In negotiation of each party will anticipate what the other party is willing to bargain and what
strategies they will use. Negotiators will set of aims and objectives of what they are trying to
achieve, these must be flexible as all negotiation is about compromise. The negotiating teams need
to consider when setting aims and objectives.
Presentation
This is the meeting stage. It initially involves giving each party a summary of its proposals. Then each
party will substantiate their case, with supporting facts basically telling each other what they ideal
outcome they would like to see from the negotiation. At the end of this stage it is unlikely that either
party will have discovered any common ground between them, however each party will know what
the other wants from the negotiation process.
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Finding common ground
This stage will involve looking for commonalities between the two parties that could form a possible
agreement. At this point parties will have open discussions possibly using the 'if and then' technique.
An example may be; if you are prepared to meet closer on our position in regard to X then we are
prepared to Y.
Using adjournments gives both parties the time to consider and re-consider their positions and time
to review and assess progress made.
Concluding the agreement
When concluding the agreement all parties must first be satisfied that all the issues have been
discussed and agreed and that both parties fully understands what they have agreed upon and
accepted. If at any point either party is unsure the negotiation process must recommence. This part
of the negotiation process should not be rushed, as once the agreement is in place it should be
adhered to or either or both parties will lose credibility and the negotiation process will have been a
waste of time.
Documenting the agreement
Once the agreement has been made it should be formalised by writing up the agreement. This
should include:
Who the agreement is between?
When it was concluded?
When it is to implement from?
Does it cover other parties and employees?
The contents of the agreement and any clauses
How long the agreement is in place?
Can the agreement be re-opened?
How will future grievances occur regarding the same matter be settled?
Does it replace any previous agreement?
All parties and representatives should sign the agreement when they are satisfied that it meets all
parties involved requirements.
It is often difficult to put in place a timescale in negotiation proceedings as no one can really
anticipate how long the process will take. However if times and date are set these should be
adhered to.
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3.6 – Advocate the organisation’s position in negotiation to obtain agreement
Advocate the organisation’s position
When negotiating organisations need to be clear on what they are aiming to achieve.
The benefits of advocating the organisation’s position in negotiation include:
It demonstrates that the organisation is being operated in an efficient and
businesslike manner
It demonstrates uniformity and consistency in decision making and operational
procedures
It fosters stability and continuity
It assists in establishing accountability
It clarifies functions and responsibilities
It shows consistency with the values of the organisation
and employment legislation
It internally saves time when a new problem can be
handled quickly and effectively
It is a framework to employees for business planning.
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3.7 – Document, and if necessary certify, the agreed outcomes with the relevant jurisdiction
Certify the agreed outcomes
When agreements are drawn up certifying the agreements and jurisdiction needs to be taken into
consideration.
Under the Workplace Relations Act 1996 Australian Workplace Agreements were introduced these
were an agreement between individuals and employers that set out terms and conditions of the
employer relationship. No dispute resolution process was required to introduce these agreements.
AWA can no longer be lodged or modified however any AWA already in place still stands.
Contract differences
It is important to understand the difference between a common law contract of employment and a
workplace agreement. Whilst a common law contract exists whenever you engage an employee
regardless of whether it is verbal or written, the term workplace agreement as used in industrial law
means a formal document which contains specific terms and which is formally lodged with an
authority.
A workplace agreement is different to a common law contract of employment in a number of important ways including:
A workplace agreement is a formal written document which must by law contain
certain terms
A workplace agreement must be formally lodged with an authority
A workplace agreement can be inconsistent with an award so long as the employee
is not at an overall disadvantage
Specific documents must be completed before a
workplace agreement can be lodged, and failure
to do so can lead to penalties
Specific documents must be given to the
employee to read outlining their rights at law
before a workplace agreement can be lodged, and
failure to do so can lead to penalties.
Federal industrial laws
The federal industrial laws about workplace agreements have changed a number of times in recent
years. Before the WorkChoices laws came into effect in March 2006, workplace agreements were
called Certified Agreements (agreements between an employer and a group of employees) and
Australian Workplace Agreements or AWAs (agreements between an employer and an individual
employee).
The WorkChoices laws retained AWAs but changed Certified Agreements to Collective Agreements.
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The Fair Work laws which came into effect in 2008 created Individual Transitional Employment
Agreements or ITEAs (special individual agreements which could only be made up until the end of
2009) and in July 2009 changed Collective Agreements to Enterprise Agreements.
The content of enterprise agreements are covered in section 1.4 of this booklet as are some of the
2014 updates.
Jurisdiction
Under the Fair Work system, the majority of employees come under the federal jurisdiction. The
following groups of employers (and consequently their employees) are covered by the national
system:
Constitutional corporations (including financial or trading corporations – generally
Pty Ltd or Ltd)
The Commonwealth and Commonwealth
authorities
Employers who employ flight crews, maritime
employees or waterside workers
All employers in the Australian Capital Territory and
Northern Territory
Most Victorian employers
Private sector employers in New South Wales,
Queensland, South Australia and Tasmania.
The following groups of employers (and consequently their employees) are generally not covered by the national system:
State government
Australian corporations whose main activity is not trading or financial
Sole traders and partnerships in Western Australia.
When all enterprise agreements are approved and signed by each employer and employee the
proposed agreement must be lodged with the Fair Work Commission within 14 days of the
agreement being made. When the commission is satisfied that it meets all the requirements only
then can the agreement be implemented this is usually seven days after approval by the Fair Work
Commission, or a later date if the agreements specifies.
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Activity 3D
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3.8 – Implement agreements
Smooth implementation
Once the agreement has been approved by the fair work commission, the organisation must take
steps to ensure that the agreement is implemented smoothly. Earlier in this unit we discussed
implementation plans for the introduction of new policies and procedures. The implementation of
workplace agreements should follow the same steps.
Some of the ways in which workplace agreements could be implemented include:
Training
Posters in common areas
General staff meetings
Conferences
Informal discussions with staff members
Emails to staff
During annual performance reviews
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3.9 – Take remedial action where groups or individuals fail to abide by agreements
Remedial action
All agreements are in place and enforceable until another is approved to replace the previous
agreement. After the implementation of the agreement there may still be existing contentions
amongst certain parties or individuals. Often when agreements are made during the negotiation
process certain aspects of the agreement may have been concluded by the voting process, thus
leaving certain individuals and parties that did not vote in favour, not fully behind the agreement.
If an individual or group of employees contravene the new
agreement they can be in breach of their contract and
therefore may have to face disciplinary action or even
dismissal. Each organisation will have its own procedure
regarding disciplinary and procedures for dismissal in place.
However it is important to note that employers must not take
any adverse action against employees that have made a
complaint or have engaged in lawful industrial activity or
refused to participate in industrial action under the Fair Work
Act 2009 Part 3-1.
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Activity 3E
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Congratulations!
You have now finished the unit ‘Manage employee relations’
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References
These suggested references are for further reading and do not necessarily represent the contents
of this learners guide
Books
Bratten J. and Gold J. 2007 Human resource management: theory and practice 4th (ed). Palgrave:
New York
Gennard J, and Judge G. 2006 Employee relations 4th( ed) CIPD:London
Websites
Enterprise Agreements: www.fwc.gov.au/awards-and-agreements/agreements/make-agreement
Fair Work Act 2009: www.fwa.gov.au/index.cfm?pagename=resourceLibrary
Library
The Fair Work Australia Library is a dedicated workplace relations and law library based in
Melbourne. Its collection dates back to the early 1900s and includes:
Commonwealth Arbitration Reports
Law reports and industrial gazettes from all Australian jurisdictions
Old English law reports
The library has copying facilities and also houses the Sir Richard Kirby Archives and its associated
educational displays.
Location
Level 8, 11 Exhibition Street, Melbourne.
Public access
Limited public access to the library is available, with the permission of the librarian, to those with an
interest in workplace relations including academics, employee and employer associations, the law
fraternity and journalists.
Hours of operation
The library is open 9.00 am to 5.00 pm Monday to Friday, excluding public holidays.
Inquiries
Contact [email protected] or telephone (03) 8661 7823.
AHRI Services & Tools (Australian Human Resources Institute)
Document Library: The AHRI website document library is a collection of presentations, articles and
event brochures accessible through a search engine to assist HR professionals keep up to date with
the latest information on human resources.
