BSBWRK520
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BSBWRK520_CACLearnerGuide.v1.0_New.pdf
Learner Guide
BSBWRK520
MANAGE EMPLOYEE
RELATIONS
This learner guide is copyright protected and belongs to:
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TABLE OF CONTENTS
TABLE OF CONTENTS............................................................................................................................... 3
UNIT INTRODUCTION ............................................................................................................................. 5
ABOUT THIS RESOURCE .......................................................................................................................... 5
ABOUT ASSESSMENT ................................................................................................................................. 6
ELEMENTS AND PERFORMANCE CRITERIA ...................................................................................... 8
PERFORMANCE AND KNOWLEDGE EVIDENCE ............................................................................... 10
PERFORMANCE EVIDENCE ................................................................................................................... 10
KNOWLEDGE EVIDENCE ........................................................................................................................ 10
ASSESSMENT CONDITIONS .................................................................................................................... 12
PRE-REQUISITES ....................................................................................................................................... 12
TOPIC 1 – DEVELOP EMPLOYEE AND INDUSTRIAL RELATIONS POLICIES AND PLANS ........ 13
ANALYSE EXISTING EMPLOYEE RELATIONS PERFORMANCE IN RELATION TO
WORKFORCE OBJECTIVES ...................................................................................................................... 17
EVALUATE OPTIONS IN TERMS OF COST-BENEFIT, RISK-ANALYSIS AND CURRENT
LEGISLATIVE REQUIREMENTS ............................................................................................................. 19
KEY FEATURES OF RELEVANT INDUSTRIAL RELATIONS LEGISLATION OR REGULATIONS .......................................... 24 Key sources of expert industrial relations advice ......................................................................................................................... 24 Fair Work Ombudsman .......................................................................................................................................................... 24 Employee entitlements ............................................................................................................................................................... 24 Pay ........................................................................................................................................................................................... 24 Awards and agreements ............................................................................................................................................................ 25 Leave ........................................................................................................................................................................................ 25 Ending employment ................................................................................................................................................................... 25 Best practice for small business .................................................................................................................................................. 26 Employing people with a disability ............................................................................................................................................ 26 Employing Indigenous Australians ........................................................................................................................................... 27 Paid parental leave .................................................................................................................................................................... 27 The Fair Work Commission .................................................................................................................................................... 27 The Fair Work system ............................................................................................................................................................. 28 The Workplace Gender Equality Agency ................................................................................................................................. 29 Trade unions ............................................................................................................................................................................. 30 Employer bodies/associations .................................................................................................................................................... 30
IDENTIFY THE SKILLS AND KNOWLEDGE NEEDED BY MANAGEMENT AND THE
WORKFORCE TO EFFECTIVELY IMPLEMENT THESE STRATEGIES AND POLICIES .............. 32
TOPIC 2 - IMPLEMENT EMPLOYEE RELATIONS POLICIES AND PLANS .................................... 35
DEVELOP AN IMPLEMENTATION PLAN AND A CONTINGENCY PLAN FOR THE EMPLOYEE
RELATIONS POLICIES AND STRATEGIES ........................................................................................... 35
MAKE ARRANGEMENTS FOR TRAINING AND DEVELOPMENT FOR IDENTIFIED NEEDS TO
SUPPORT THE EMPLOYEE RELATIONS PLAN .................................................................................. 37
THE TRAINER .............................................................................................................................................................................. 37 TRAINING DELIVERY ................................................................................................................................................................ 38 TRAINING SCHEDULING ........................................................................................................................................................... 39
UNDERTAKE ASSOCIATED EMPLOYEE RELATIONS ACTIVITIES TO REACH AGREEMENT
ON CHANGES REQUIRED BY THE ORGANISATIONAL POLICIES OR IMPLEMENTATION
PLAN ............................................................................................................................................................ 40
KEY FEATURES OF ENTERPRISE AND WORKPLACE BARGAINING PROCESSES ................................................................ 41
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REVIEW EMPLOYEE RELATIONS POLICIES AND PLANS TO ESTABLISH WHETHER THEY
ARE MEETING THEIR INTENDED OUTCOMES ............................................................................... 47
TOPIC 3 - MANAGE NEGOTIATIONS TO RESOLVE CONFLICT ..................................................... 49
IDENTIFY, AND WHERE POSSIBLE ALLEVIATE OR ELIMINATE, SOURCES OF CONFLICT OR
GRIEVANCE ACCORDING TO LEGAL REQUIREMENTS ................................................................. 52
OBTAIN EXPERT OR SPECIALIST ADVICE AND/OR REFER TO PRECEDENTS, IF REQUIRED
...................................................................................................................................................................... 57
DETERMINE DESIRED NEGOTIATION OUTCOMES, NEGOTIATION STRATEGY AND
NEGOTIATION TIMEFRAMES ............................................................................................................... 59
DOCUMENT, AND IF NECESSARY CERTIFY, THE AGREED OUTCOMES WITH THE
RELEVANT JURISDICTION .................................................................................................................... 64
TAKE REMEDIAL ACTION WHERE GROUPS OR INDIVIDUALS FAIL TO ABIDE BY
AGREEMENTS ........................................................................................................................................... 66
TOPIC 4 – FURTHER INFORMATION ................................................................................................... 68
KEY FEATURES OF RELEVANT ENTITIES IN THE CURRENT AUSTRALIAN INDUSTRIAL
RELATIONS SYSTEM, INCLUDING COURTS AND TRIBUNALS, TRADE UNIONS AND
EMPLOYER BODIES ................................................................................................................................. 68
COURTS AND TRIBUNALS ......................................................................................................................................................... 68 Australia’s workplace relations laws ......................................................................................................................................... 68 Industrial Relations Australia .................................................................................................................................................. 69 Industrial Relations Court of Australia .................................................................................................................................... 70 Trade unions ............................................................................................................................................................................. 70 Employer bodies/associations .................................................................................................................................................... 70
KEY FEATURES OF RELEVANT ORGANISATIONAL POLICIES AND PROCEDURES ........................................................... 71 KEY FEATURES OF ORGANISATIONAL OBJECTIVES ............................................................................................................. 72
SUMMARY ................................................................................................................................................... 74
REFERENCES ............................................................................................................................................ 75
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UNIT INTRODUCTION
This resource covers the unit BSBWRK520 - Manage employee relations.
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.
About This Resource
This resource brings together information to develop your knowledge about this unit. The
information is designed to reflect the requirements of the unit and uses headings to makes it
easier to follow.
You should read through this resource to develop your knowledge in preparation for your
assessment. At the back of the resource are a list of references you may find useful to review.
As a student it is important to extend your learning and to search out textbooks, internet sites,
talk to people at work and read newspaper articles and journals which can provide additional
learning material.
Your trainer may include additional information and provide activities, PowerPoint slide
presentations, and assessments in class to support your learning.
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About Assessment
Throughout your training we are committed to your learning by providing a training and
assessment framework that ensures the knowledge gained through training is translated into
practical on the job improvements.
You are going to be assessed for:
Your performance and knowledge using written and practical activities that apply to a
workplace environment.
Your ability to apply your learning to the workplace.
Your ability to recognise common principles and actively use these on the job.
You will receive an overall result of Competent or Not Yet Competent for the assessment of this
unit. The assessment is a competency based assessment, which has no pass or fail. You are either
competent or not yet competent. Not Yet Competent means that you still are in the process of
understanding and acquiring the skills and knowledge required to be marked competent.
The assessment process is made up of a number of assessment methods. You are required to
achieve a satisfactory result in each of these to be deemed competent overall.
All of your assessment and training is provided as a positive learning tool. Your trainer/assessor
will guide your learning and provide feedback on your responses to the assessment. For valid and
reliable assessment of this unit, a range of assessment methods will be used to assess practical
skills and knowledge.
Your assessment may be conducted through a combination of the following methods:
Written Activity
Case Study
Observation
Practical tasks
Short answer questions
Third Party Report
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The assessment tool for this unit should be completed within the specified time period following
the delivery of the unit. If you feel you are not yet ready for assessment, discuss this with your
trainer/assessor.
To be successful in this unit, you will need to relate your learning to your workplace. You may be
required to demonstrate your skills and be observed by your assessor in your workplace
environment. Some units provide for a simulated work environment, and your trainer and
assessor will outline the requirements in these instances.
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ELEMENTS AND PERFORMANCE CRITERIA
1. Develop
employee and
industrial relations
policies and plans
1.1 Analyse strategic plans and operational plans to determine long term
employee relations in accordance with organisational objectives
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 relevant internal stakeholders 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 Document procedures for addressing grievances and conflict
2.5 Identify and communicate key 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 Develop and deliver training to 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 Evaluate documentation and other information sources to clarify issues
in dispute and ensure completeness, balance and relevance
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
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3.6 Advocate the organisation s position in negotiation with the view to
reaching a resolution that aligns to organisational objectives
3.7 Document, and if necessary certify, the agreed outcomes with the
relevant jurisdiction
3.8 Take remedial action where groups or individuals fail to abide by
agreements
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PERFORMANCE AND KNOW LEDGE EVIDENCE
This describes the essential knowledge and skills and their level required for this unit.
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
The candidate must be able to demonstrate the following knowledge to effectively complete the
tasks outlined in the elements and performance criteria of this unit, and to manage tasks and
reasonably foreseeable contingencies in the context of the work role:
Key features of relevant industrial relations legislation or regulations
Key features of enterprise and workplace bargaining processes
Key features of relevant entities in the current Australian industrial relations system,
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including courts and tribunals, trade unions and employer bodies
Key sources of expert industrial relations advice
Key features of relevant organisational policies and procedures
Key features of organisational objectives
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ASSESSMENT CONDITION S
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 of this unit must satisfy the requirements for assessors in applicable vocational
education and training legislation, frameworks and/or standards.
PRE-REQUISITES
This unit must be assessed after the following pre-requisite unit:
There are no pre-requisites for this unit.
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TOPIC 1 – DEVELOP EMPLOYEE AND INDUSTRIAL RELAT IONS
POLICIES AND PLANS
Welcome to the unit BSBWRK520 - Manage employee relations.
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.
In this unit you will learn how to:
Develop employee and industrial relations policies and plans
Implement employee relations policies and plans
Manage negotiations to resolve conflict
Let’s begin!
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Analyse strategic plans and operational plans to
determine long term employee relations in
accordance with organisational objectives
Industrial relations is the balance between people feeling nurtured and capable of doing their jobs
and people performing to meet strategic and operational objectives. Every business thrives on
the strength of its employee base so taking a long-term approach to developing, managing and
retaining employees, provides more reliability and stability and reduces risks. In order to do this,
you will need to analyse both the strategic and operational plans to determine the long-term
employee relations that have existed in the past. This will help you to identify where changes
need to be made and where things can stay the same. If previous employee relations have been
good, then there may be little change required, but, if there have been issues, they may need to be
changed.
There are two approaches to determining long-term employee objectives – firstly setting the
goals and integrating or adding these to other strategic and operational plans. Alternatively, you
can set the plans and identify the industry relations goals and workforce need to support these
plans.
Some of the objectives you might aim to develop through targeting industrial relations
management include:
Developing culture
Improving employee satisfaction, commitment retention and re-engagement
Working in line with unions and employer representative bodies
Developing workforce knowledge, skills and innovation
Design of position descriptions, individual employee roles, responsibilities and the
benefits and bonuses that may accompany these
Restructure or workplace reform
In order for these goals to be successful, they need to be aligned with the businesses goals,
objectives, values, mission and general approach to business so that the people that fill the roles
and conduct the business do so with appropriate training, support and consistency. It might help
to think of industrial relations as being independent with the goals of the business.
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There are many business problem-solving and planning tools that can be used to analyse the
goals for industrial relations and you may have heard of or used these in the past. These tools
and their approach is about incremental change on evolving basis and over a long period of time.
You might consider:
TOOL What is it? PROs CONs LEARN MORE
SWOT Analysis
Strengths, Weaknesses, Opportunities and Threats. Some businesses also analyse opportunities from weaknesses and threats to strength.
Can be used on multiple business areas Quick – can be brainstormed in a few minutes and added to with time You don’t need any special skills to contribute Can be used one- to-one, in small and big teams
Can be too broad in some applications Can be difficult to use with people who find self- criticism difficult
http://www.l eadershipvict oria.org/docs /plugin_swot- template.pdf
PEST Analysis
Political, Environmental, Socio-Cultural and Technological – investigates four areas of the business and the impact of and opportunity for change in each area
Quick to use across the four core functions of every business Can be integrated into triple-bottom line reporting and evaluation Can be used to strengthen SWOT analysis Particularly useful for transformational change as it looks at the areas of influence and conflict
Some skills of analysis are needed to unpack changes and improvements and embed across the four areas Occurs infrequently Some preparation required Needs a leader or team directing the collection of evidence
http://www. mindtools.co m/pages/artic le/newTMC_ 09.htm
The Five Whys
A system for root cause analysis. Participants take a problem that is occurring and ask “Why” five times with the other party involved in
In time-and-place review and adjustment Easy to use and understand. Addresses problems at a lower level as a
Only one problem at a time Can be difficult to do with people who have language barriers
http://www.i sixsigma.com /tools- templates/cau se- effect/determ ine-root- cause-5- whys/
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discussion giving reasons each time.
form of intervention Positive results are magnified across business at a higher level Cheap
Can cause a period of downtime each time a problem occurs Only works on team-centric problems
These approaches take what you have done in the past and break down why you did not achieve
the goals that you want to achieve in this current year or future. Each of these investigates a
range of business variables and take information from a range of sources and across a number of
business management areas and tracks patterns of weakness. The Five Whys is the most
responsive system as it is used in time and place, whereas the PEST analysis is a more long-term
review and takes data over a large period of time into consideration. They are not specific to
problems with employees but look at the big picture goals instead. It is good business practice to
use a number of different methods of review as built-in features of your industrial relations.
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Analyse existing employee relations performance in
relation to workforce objectives
As part of a systematic business review, you should also review your employee relations using a
range of measurements for past and predicted future performance.
Predicted future performance assumes that if nothing changes the problems multiply – they will
not stay the same. It is important to remember that employee dissatisfaction and motivation are
states that are unpredictable in different people. There are internal and external influences on
whilst there are many ways you can manage the internal influence these feelings are
interdependent on what happens in the employee's employee life too.
There a number of measures that you can use to help you to determine the likely internal
influences on achievement:
Internal surveys
External studies
Records of industrial action
Workplace health and safety figures
Absenteeism – planned and unplanned
Outputs, quality, productivity and wastage
Participation in meetings, employee communications, events and committees
Staff retention and/or turnover
Participation in internal professional development opportunities and feedback on
these activities
There are two types of evidence that can be collected:
Qualitative: feedback, comments, statements, conclusions and individual cases
Quantitative: statistics, numbers, values, calculations, finance, volume
A strong approach to analysis involves both types of data – the quantitative identifies that there
is a problem, and the qualitative is often used to explain ‘Why’.
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It is important to determine first whether numbers are significant enough to warrant action.
There are a number of ways of doing this involving statistics and probability. It is important to
look at the big picture and patterns also. One person who experiences stress and associated
absenteeism is significant, but it is not a pattern. On the other hand, a decrease in production and
quality and a high level of absenteeism is more significant in regards to the need for change.
Once you have established an area of concern, it is important that either the analysis of the data
you have already collected or a new analytical process is started to determine the possible root
cause of the concern.
Root cause means you that is not always the problem that is the problem! This sounds confusing,
so it can help to think about all of the times you’ve experienced frustration and anger over
something small. Often the problem that has triggered your emotional reaction is just one of a
series of problems.
For example, the bin overflowing bothers you because you’ve had a bad day, you’ve had a bad
day because you didn’t sleep well, and you didn’t sleep well because the bed is broken in a
number of places. This means that the problem is the broken bed. Someone can empty the bin
for you, but it’s not going to solve the problem.
There is no one tool that works effectively to get to the root cause which means multiple levels
of exploration may need to be applied.
Tools that can help to explain root problem, however, include:
The Five Whys
Cause and Effect
Issues Tables
Initially, narrowing down the area, the type of absenteeism, the types of work and any patterns of
dispute and conflict are enough to move forward with planning.
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Evaluate options in terms of cost-benefit, risk-
analysis and current legislative requirements
All options for change, development and restructure must comply with both the needs of the
company at the time and legislation, regulations and industry codes of practice. This should not
stifle innovation or progression, but rather provide for risk mitigation sustainably throughout the
lifecycle of change.
Your options, when it comes to change, should first deal with the obvious and then deal with the
larger problem. This means that, using the example in the previous chapter, if the bed is broken
– fix it first!
Ideation for change is a whole other subject in itself. But consider the following methods when it
comes to tackling problems in your workplace:
Use basic controls – consider the hierarchy of risk control when considering the
types of options. This includes personal protective equipment, administration,
engineered controls, isolation and elimination
Brainstorm – this brings together the collective knowledge of a number of people
who possibly already know how to implement the solution.
Ask the employees – consider holding a consultation meeting or series of meetings to
find out what the employees need or want
Turn to your industry – consult industry groups, networks, peers in other businesses,
specialists and industry web sources
Get expert help – engage specialist HR representatives, experts in the particular
problem, members of other businesses, agencies or unions
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Here is what you need to consider:
Consideration What to Consider Where to Learn More
Legislation, Fair Working Conditions inclusive of The National Employment Standards
What are the current requirements, how are you protected, how are employees protected, what resources are needed/available
http://www.fairwork.gov.au
Health and Safety
What are the impacts to health and wellbeing? What are the changes to the work environment? Will there be stress during change and how will you manage this? What will be the business response to this?
http://www.worksafe.vic.gov.au
Cost vs. Benefit
What are costs to the employer and to the employee and how does this compare to the benefits? What is the cost of losing staff with their knowledge of the business and experience in comparison to the gain?
https://www.youtube.com/watch?v=Qt8HNNWIV-c
Change Management
What are the risks, what are the benefits, what are the rewards, how will this affect an employee's pay or hours, what is the impact on an employee’s home life, how does it change the physical aspects of the work, are their new skills needed
http://www.business.vic.gov.au/hiring-and-managing- staff/staff-management/change-management- procedures-and-role-change
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Please remember that this stage of the change is not about implementing change but rather
generating ideas about the likely problems and their possible solutions in the context of the
current business goals, values, mission and approaches. This is with the exception of safety; any
matter arising that indicates that there is a risk to well-being, health or safety must be dealt with
immediately, proactively and in line with ordinary Occupational Health and Safety
responsibilities. This may include implementation of immediate wellbeing and stress-relieving
strategies.
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Work with relevant internal stakeholders to develop
industrial relations policies and plans
You might remember from Work/Occupational Health and Safety Training that an important
control for the safety and being staff is a range of administrative controls including training,
policies, procedures, processes, templates and plans. Likewise, needs evaluation tools identify
training, development, the security of process and knowing exactly what is to be done as essential
in maintaining motivation and commitment also.
A useful tool for both developing the approach to Industrial Relations and maintain the standard
long term is an Industrial Relations policy. Policy development is usually carried out in
cooperation with management and the leadership team and involves:
Consultation across a number of platforms
Ideation
Planning and drafting
Trailing and review
Implementation and embedding
An Industrial Relations plan includes many of the same characteristics as a mission statement
including a set of values or ideas which the business wishes to make central to core business,
goals and a plan for executing this with monitors and controls that will be applied.
The ideas included in a plan include (this is not an exhaustive list):
Communication
Training
Consultation
Engagement
Participation
Planning
Opportunity
Reward/Recognition
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Promotion
Community
Empowerment
Inclusion
Diversity
More importantly, however, is the statements about each of these will be achieved:
i.e.
Recognition
360o feedback and performance appraisal systems that systematically identify and
positively recognise both achievement and achievement beyond expectations
Staff Awards recognising success on a monthly basis with the view towards an overall
recognition reward annually.
Likewise, the policy or statement should recognise the goals or standards that the organisation is
trying to achieve. For example, i.e. reduced absenteeism, increased engagement in group
meetings, increased community participation.
The policy, in your workplace, may be a stand-alone document or it may be incorporated into a
suite of other tools such as Industrial Relations Plans, Strategic Plans, Operational Plans, Code of
Conduct, Values statements and more.
The Plan is an accompanying document that takes the policy (the approach) and turns it into a
series of actions and tasks that need to be completed systematically and across the whole
organisation in the same way that you would roll out a strategic plan in a business. The plan
takes each area of the policy, the overview of how it will be achieved and turns it into the what,
when, where, how, why and by whom using SMART-like goals.
A SMART Goal is one that is specific, measurable, achievable or actionable, realistic and time-
focused. A plan may break each of these aspects up over a number of columns, or they may
word their goal using this format and provide additional details in the plan.
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Different business will approach this task in different ways with some incorporating industrial
relations into the broader strategic plan whilst others distinguish the two areas as being equally
important, or they do not formally plan their approach beyond setting the direction. In any case,
an important part of SMART goals and of Industrial Relations plans, in general, is that it is
measurable both quantitatively and qualitatively over a period of time.
Key features of relevant industrial relations legislation or
regulations
At all times you will need to consider the legislation, regulations and codes of practice that relates
to industrial relations. There are many sources of expert advice as discussed below that will assist
you when developing policies and plans. The following information outlines some of the key
features of each.
Key sources of expert industrial relations advice
Fair Work Ombudsman
The Fair Work Ombudsman provides assistance to employers and employees to recognise their
rights and responsibilities under Australian workplace laws. The Fair Work Ombudsman also
collaborates with workplaces to resolve employee relations issues which may arise.
Employee entitlements
There are regulations around employee’s activity in the workplace, such as the hours they work
and how regularly they should have a break. These regulations can be established in different
locations such as an award, registered agreement or employment contract. Employee
entitlements are set out in the National Employment Standards (NES) and awards. A registered
agreement or employment contract can deliver other entitlements but cannot offer less than the
relevant NES or the award that applies.
Pay
The minimum pay rate for an employee may be set out in an award, enterprise agreement,
another type of registered agreement or the national minimum wage.
It is a requirement that employees be paid the correct pay rate for all hours they work, including
time spent:
Training
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Participating in meetings
Opening and/or closing the business
Undertaking a trial shift
Awards and agreements
Minimum conditions in the workplace are set out in registered agreements, awards or legislation.
When an employer has a registered agreement established, and it covers the functions of the
employee, the minimum pay and conditions outlined in the agreement will apply. Where no
registered agreement exists and an award covers the business and the work functions of the
employee, the minimum pay and conditions in the award will apply.
There are 123 awards that encompass most employees in Australia, meaning many employees
who may not be protected by an agreement will most likely be covered by an award. In cases
whereby no award or agreement applies, the minimum pay and conditions in the legislation will
apply.
Leave
Employees take leave for a multitude of reasons, such as taking holidays, because they are ill or
to care for sick family members. Minimum leave entitlements for employees are stipulated in the
National Employment Standards (NES). An award, registered agreement or contract of
employment can offer other leave entitlements however they cannot be less than what is outlined
in the NES.
Ending employment
Employment can end for a variety of reasons. An employee might resign or be dismissed.
Regardless of the reason, it is important to follow guidelines regarding dismissal, notice and final
pay.
In addition, there are different rights and obligations in cases of job redundancies or when a
business becomes bankrupt.1
1 “Best practice guides” http://www.fairwork.gov.au
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Best practice for small business
Best practice guides seek to assist small businesses and employees with a host of workplace
issues. By taking on best practice initiatives, employers and employees can achieve a fair and
more productive workplace. The topics and areas of assistance include:
Work and family
The right to request flexible working arrangements
Consultation and cooperation in the workplace
Use of individual flexibility arrangements
A guide for young workers
An employer’s guide to employing young workers
Gender pay equity
Small business and the Fair Work Act
Workplace privacy
Managing underperformance
Effective dispute resolution
Improving workplace productivity through bargaining
Parental leave
Employing people with a disability
There are a variety of services available to businesses to help them with recruiting, training and
employing people with a disability. Disability Employment Services, a Commonwealth
government initiative, offer a list of free services that assist employers with the recruitment and
retention of people with disability, injury or health condition including:
Professional recruitment advice / job matching
Assistance with role design for employees with disability
Workplace or off-site support to facilitate new employees with a disability settle into
their role
Ongoing support for the required period, for both employees and employers who
request support services to maintain their employment
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Disability employment information and awareness training
Assistance for workers whose job may be at risk as a result of their disability
Disability Employment Services assist people to access a host of other financial support and
incentives, such as workplace modifications, assistive technology, mental health first aid training,
a range of awareness training, Auslan interpreting, and wage subsidies.
Employing Indigenous Australians
Employers wishing to employ Aboriginal and Torres Strait Islander peoples can receive financial
assistance from the Australian Government through the Indigenous Wage Subsidy program. The
program offers a wage subsidy to employers of eligible Aboriginal or Torres Strait Islander new
employees after a set number of weeks in a job. Some employers may also be eligible for
retention bonuses and funding towards training expenses.
Further support exists in the form of the Indigenous Employment Program for all types of
organisations that contribute to activities or projects that go to increasing employment outcomes
and economic participation for Aboriginal and Torres Strait Islander people. Employers able to
provide work placements and ongoing employment to Aboriginal and Torres Strait Islander
tertiary students receive financial assistance via the Indigenous Cadetship Support program.
Paid parental leave
The Paid Parental Leave scheme provides eligible working parents with a period of government-
funded parental leave pay, which is generally paid at the rate of the national minimum wage.
Under the scheme, the Australian Government funds employers to provide Parental Leave Pay
to their eligible employees.2
The Fair Work Commission
The Fair Work Commission sets award pay rates and conditions, and assists employers and
employees develop cooperative and productive workplace relations. It facilitates workplaces to
prevent disputes, as well as helping to resolve them when they do occur. The commission makes
the following information available to employers and employees and provides related resources:
The workings of the national workplace relations system
2 Australian Government, Department of Employment - http://www.employment.gov.au
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Minimum wages and conditions by workplace
Basic rights and obligations according to the legislation
Assistance with resolving disputes in your workplace
The Fair Work system
The primary organisations that make up Australia’s Fair Work system are:
The Fair Work Commission which:
Sets minimum wages and employment conditions
Ensures the enterprise bargaining process is fair
Deals with protected and unprotected industrial action
Assists with resolving workplace disputes
Deals with termination of employment issues3
The Fair Work Ombudsman which:
Assists individuals find correct pay rates, and assists employers determine what they
should be paying employees
Assists individuals determine their entitlements such as leave, overtime and
allowances
Educate industry and individuals on fair work practices, rights and obligations
Investigate complaints or suspected contraventions of workplace legislation, awards
and agreements
Act to enforce workplace legislation
Work with industry, unions and other stakeholders
3 “Fair Work Commission” https://www.fwc.gov.au/creating-fair-workplaces/overview
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Assist in the management of business transfers, shutdowns and closures
Fair Work Building and Construction which:
Offers advice and education on workplace arrangements, pay, conditions and
workplace rights and responsibilities in the building industry
Deals with complaints regarding potential breaches of the law in the building industry
Issues information about the building industry’s national code of practice
The Federal Court of Australia which:
Has jurisdiction over all civil and criminal matters arising in the Fair Work
jurisdiction
Provides a simpler alternative to employment litigation in the Federal Circuit Court of
Australia
Aims to operate informally, and uses streamlined procedures to deal with matters
promptly and efficiently
The Workplace Gender Equality Agency
The Workplace Gender Equality Agency is an Australian Government statutory agency created
by the Workplace Gender Equality Act 2012. Its role is to promote and improve gender equality
in Australian workplaces. It works in collaboration with employers offering advice, practical tools
and education to assist the improvement of their gender performance.
The agency also helps employers comply with the reporting requirements under the Workplace
Gender Equality Act 2012. This reporting framework seeks to promote measures that improve
gender equality outcomes and is intended to minimise the regulatory burden on business. The
Workplace Gender Equality Act 2012 (Act) replaced the Equal Opportunity for Women in the
Workplace Act 1999. The legislation seeks to improve and promote equality for both women and
men in the workplace. The principle objects of the Act are to:
Promote and improve gender equality (including equal remuneration between women
and men) in employment
Assist employers to remove barriers to the full and equal participation of women in
the workforce, in recognition of the disadvantaged position of women in relation to
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employment
Work towards the elimination of discrimination on the basis of gender in relation to
employment matters (including in relation to family and caring responsibilities)
Foster workplace consultation between employers and employees on issues
concerning gender equality in employment and in the workplace
Improve the productivity and competitiveness of Australian business through the
advancement of gender equality in employment and in the workplace.4
Trade unions
A trade union is an organisation whose membership consists of workers and union leaders,
united to protect and promote their common interests.
The principal purposes of a labour union are to:
Negotiate wages and working condition terms
Regulate relations between workers (its members) and the employer
Take collective action to enforce the terms of collective bargaining
Raise new demands on behalf of its members
Help settle their grievances5
In order to identify the trade union that meets the needs of your business type you can contact
the ACTU Workers' Line on 1300 362 223 or check out their website: http://www.actu.asn.au/
Employer bodies/associations
There is a range of employer bodies/associations that you can contact in relation to employee
relations. These include:
Peak organisations
o Australian Council of Trade Unions
4 https://www.wgea.gov.au/about-wgea/our-role 5 http://www.businessdictionary.com/definition/trade-union.html
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o Australian Chamber of Commerce and Industry
o Australian Industry Group
National
o Australian Workers' Union
o United Voice
State and territory based
o Australian Business Industrial (NSW)
o Union of Christmas Island Worker
o Victorian Employers' Chamber of Commerce and Industry
There may be other employer bodies or associations that may relate directly to your organisation.
These could be more industry related rather than overarching. You will need to check for the
ones that relate to you.
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Identify the skills and knowledge needed by
management and the workforce to effectively
implement these strategies and policies
Amongst a number of strategies that ensure that change works is the essential rollout of
knowledge not only across management in regards to the strategy and the likely ways that it will
impact on the workforce, but to the people whom the change will most likely affect.
Knowledge is what underpins our ability to do anything, and it relates ‘how’ to do something and
what you need to know prior to doing something.
For example, for you to be able to make a phone call to the appropriate person you first need to
know who the appropriate person is, why you are calling them, what you will say to them, what
important pieces of information are required to be told to that person, how they are likely to use
that information or what you are likely to get out of giving them that information, what language
to do, use how to address the person, what telephone number to call, and so on.
Skill alternatively is the practical skills that enable us to take the knowledge and use it a variety of
situations. It can relate both to manual process and to the use of our mind to carry out tasks. It
is a skill to perform a calculation in your head, to chew food in a way that it is easy to swallow
without choking and to build a simple model out of clay.
In a situation where you are implementing new strategies the managers need to know:
What they are doing
In what context
To what standard
In training and assessment situation, this is called a learning outcome, and we use it build and
design activities, to set the direction of activities and to measure outcomes. It is the goal of what
the training.
Like goals, we then break down our learning outcomes into specific topics and areas that need to
be covered.
For example:
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A company wants to improve internal communication, at the department level, to achieve 75%
employee satisfaction. To achieve this, the company must address:
What are the likely areas of internal communication
What are the subjects likely to be covered
How to cover the topics concisely, clearly, correctly
What are the communication methods
Who will initiate communication
How communications will be approved or reviewed
What are the standards for communications such as spell checking, a specific format,
specific size, target market, language, use of pictures, etc.?
Who needs this knowledge to make this place succeed
What policies, procedures and templates will be involved
How to get more support or training
Additionally, your role may involve identifying where people need guidance on how to establish
committees, steering committees, host meetings, design templates, give feedback, receive and act
on feedback, fill in forms correctly and competently and more. You should always assume that
at least one person who has to complete a function of the plan will not have the necessary skills
and knowledge to do it effectively the first time.
Opportunities, therefore, exist for:
Internal and external personal and professional development
Training courses – accredited and non-accredited
Meetings, consultation conversations and information sessions
Procedures, processes and visual diagrams
Memos and instructional emails
Videos, podcasts, blogs and
Formal communication trees where higher level employees pass information down to
a level who pass it to the next level
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Coaching, mentoring and work skill instruction
Introductions and networking
Remember this step is not about delivering training or ensuring that people are competent, but
rather identifying likely critical points for information required to successfully administer the
plan.
Some ways that you can identify the information requirements are:
Brainstorm against each point in the plan what someone needs to do and then to drill
down to each step and the knowledge contained in the step
Undertake a skills audit – against each area of the plan have people create their own
brainstorms of what they need to do, how and what they need to know OR have
them rate their ability to complete the tasks using a scale
Use an external organisational training needs analysis service – identify the goals and
the plans and then work with external auditors to identify training needs
Design a series of topic ideas based on initial group discussions and then have
employees register their interest
Have employees drive their own training needs by allocating a budget and asking
them to spend the budget on PD that maps directly to one or more of the actions
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TOPIC 2 - IMPLEMENT EMPLOYEE RELATIONS POLICIES A ND PLANS
Develop an implementation plan and a contingency
plan for the employee relations policies and
strategies
Unlike an Industrial Relations Plan which provides a focus for specific Industrial Relations
activities an implementation plan strategically ‘rolls out’ changes across the organisation ensuring
the people have the knowledge and training they require. It plays a major role, particularly at the
management level, in breaking down barriers and objections and building cohesion and
commitment to the cause. Similarly, contingency plans provide the alternative actions and
alternative pathways towards a goal so that momentum is not broken.
In general, an implementation plan:
Details the objectives, purpose, method, risks and timeframes
Sets actions and tasks that can be broken down for individual contribution - each of
these has a measure and a deadline
Provides for contingencies associated with health and safety, business and financial
risk – in some cases social risk may also be used as a measure.
Identifies key stakeholders and provides for an internal and external communication
plan.
The plan itself has no set format. However, many believe for a plan to be able to be fully
implemented it needs to show the big picture at the top of the document, break it down into
individual pieces, and then build up again into an action plan. This, therefore, turns it into a
complete action plan which in some cases can be automated.
Your company, however, may choose instead to provide the big picture view and have
employees build the finer details by contributing instead to performance management, feedback
sessions or consultations.
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Here are some of the tools you might include in your implementation plan:
A copy of the SWOT/PEST analysis and the evaluation that shows how you came to
the conclusions you have drawn
SMART Goals
A copy of the IR policy and plan – generalised if this is needed
A risk management table identifying, what, when, where, how and by whom
A communication plan with sample communications, sample wording, key topics, a
schedule of key communications and who is responsible for each
A GANTT chart showing how initiatives are scheduled and overlap
A GANTT chart is a detailed map of what to do and over what period. It looks a little like a
graph with different areas shaded over days, weeks or months depending on the length of your
project. The benefits of a GANTT chart is that it combines both data with visual
communication methods to help people remember their responsibilities and time frames, it can
also help you to plan resources by scheduling their availability or non-availability into the process,
including people, facility, equipment, stationary, time and money resources.
GANTT charts are easy to create if you have planned all of your activities, tasks, people and
resources in a list. Navigate here to learn more: http://www.gantt.com/
If you would like to create your own GANTT charts, there are a number of tutorials for doing
this in Excel – here is one: http://www.smartsheet.com/blog/gantt-chart-excel
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Make arrangements for training and development
for identified needs to support the employee
relations plan
Once you have established what types of training and information are needed, and you have a
plan for when people will need the training you will need to then consider how training will be
developed and conducted to fit in with this schedule.
There are a number of considerations when it comes to arranging training:
Is there a qualification that would cover all of these skills or will this be non-
accredited?
How will you group the skills – will everyone get the same skills or will there be lots
of smaller doses of training?
Where will the training occur – in the workplace and in teams, in meetings, on-site
off the job or offsite?
Who will run the training – individuals and trainers in the workplace, supervisors,
mentors, coaches or training companies, specialists and trainers outside of the
business
What is the budget – what is the cost of having staff off the job, what is the cost to
productivity during the training period, venue cost, catering, utilities, cost of course
development, fees
The trainer
The most qualified people to answer these questions are learner and development personnel,
organisation trainers and training organisations you already engage for other purposes. Only the
person who is going to be running the training can tell you whether your timelines and objectives
are reasonable and achievable and how long it will take them to develop the training, so it fits
your purposes perfectly.
Additionally, you should consider the skills and knowledge of the people that are required to
deliver training or the combination of sessions to provide specialist knowledge, internal
knowledge and oversee skills development. It might be necessary to have an internal session for
outlining change, and the impacts to staff followed up with an external session to teach new skills
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and knowledge run by an expert. Staff might then be coached by a supervisor or team mentor to
increase productivity over a period of time.
Not every trainer, even one who is qualified in the industry, will have the skills and knowledge or
experience to cover new techniques, different areas of the business or the broader skills needed
to support the IR plan. Trainers who are familiar with the business can also be less effective in a
difficult transition as they represent a part of the business that has caused instability.
Training delivery
You should also consider the cost of the organisation if someone attends training, and they either
do not get anything new from the training or the instructions and standards they get does not
match the internal processes and procedures closely enough to be useful. It is helpful to
develop a risk management table that identifies ways of aligning with external training with
internal needs and increasing the benefit of all training – a good training provider will work with
you to do this.
The delivery should also match the need. It is not possible to deliver all messages on the job,
and it is not possible to deliver all training in the classroom. It is also not possible to do
everything in a one-day or two or even one-month-long course.
You may even need to consider the types of people who will be attending each course. People
learn in different ways with some people able to read memos and look at procedures and know
exactly what to do, and others are needing to try skills and get it wrong many times before they’ll
learn.
Consider structuring programs that provide blended learning models with some reading material,
some visual material and multimedia, the ability to research aspects of the learning and have
students generate their own ideas, some coaching in the workplace on a regular basis and then
some classroom or off-the-job learning.
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Training scheduling
Prior to locking in training, it is useful to communicate the likely training needs with the
supervisors and managers that are most likely to be affected by staff participation. You may need
to investigate running training over multiple occasions to cater for teams that cannot send all
staff at once, absentees, staff who do not work on the scheduled training days and other
circumstances that would prevent participation.
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Undertake associated employee relations activities
to reach agreement on changes required by the
organisational policies or implementation plan
When considering your implementation plan, it can be useful to schedule a fair amount of time
for:
Questions
Coaching
Consultation
Referral
All change is serious, impacts on people in ways that you cannot reasonably expect or predict and
involves safety, wellbeing and remuneration. There may be any number of areas of the proposed
changes that will need gentle and careful negotiation for a positive outcome.
When we negotiate with employees directly, we call this an ‘employee relations activity’ as it
involves the development and maintenance of the relationship with not just the employee
involved in the conversation but anyone in a similar situation. Even in situations where you
would like to control the spread of information that is unfavourable for change you should
expect that staff will discuss impacts with their peers. How you handle an individual consultation
will direct affect the spread of negative information.
Some examples of employee relations activities include:
Acknowledging, clarifying and communication the terms and conditions of individual
and group employment contracts and any changes in these
Working with employee representatives, staff representatives, consultation groups,
unions and employee representative bodies for the best possible conditions
Working with specialists, advisory services and government departments to assess the
viability and legality of internal policies, procedures and innovation
Engaging and referring employees to employment assistance programs and internal
and external supports as required
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Key features of enterprise and workplace bargaining
processes
On 1 July 2009, the various types of collective and individual workplace agreements that existed under the
previous workplace relations system were replaced by a single type of agreement: an 'enterprise agreement'. This is
simply an agreement between one or more national system employers and their employees, as specified in the
agreement. Enterprise agreements are negotiated by the parties through collective bargaining in good faith, primarily
at the enterprise level. Under the Fair Work Act 2009, an enterprise can mean any kind of business, activity,
project or undertaking.6
Your organisation will have policies, procedures and processes that relate to how bargaining and
agreements are enacted. Below are some key steps in reaching an agreement.
Whenever you work with employees to reach agreements you should:
Let the employee talk it out – many problems arise when a person feels he or she has
not been consulted, listened to or acknowledged.
Identify the key issues – this means taken the surface problem and identifying the
root cause(s). It can help to state the issues arising from the original conversation and
then apply a root cause technique to break down each to find the underlying
problem. Remember what someone complains about is seldom the problem.
Identify the actions – it is best if you ask the employee what actions they want to be
taken but to never promise that it will reach the resolution they desire. You should
add additional actions that would need to be undertaken within your own role to the
list in the spirit of transparency. It is useful to discuss timelines with the employee
also.
Consider the options for consultation and specialist support and build these into
actions that you take.
Research, have conversations, get support, give support!
Tell the employee(s) what you can compromise on. It is useful in negative situations
to focus only on the positives. It can be helpful to explain the steps that were taken,
the conversations held and then introduce the opportunities arising. This keeps the
6 https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and- obligations/enterprise-bargaining#enterpriseagreement
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conversation focused on the positives. It is also a great way of avoiding planting
negative thoughts or raising issues that may have been forgotten!
Seek agreement or start the negotiation steps again. Repeat these steps as often as
necessary.
Remember there are many issues that cannot be fully or positively addressed because of legal,
ethical, business or financial constraints. It is important to remember that not every activity
undertaking will result in employee retention either. The important part of this process is to
identify any larger, more pressing issues, states or situations that were not fully addressed in the
initial discovery phase and to systemically break these down over time.
Where an activity is not able to be achieved within the implementation phase, it should still be
added to the action list for longer term implementation in the spirit of continuous improvement.
The process of change should have no beginning or end point.
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Document procedures for addressing grievances and
conflict
To support employee actions, it is useful to have a comprehensive set of policies, procedures and
proformas for raising, addressing and resolving grievances and conflict in your business. This not
only creates transparency in the process but the reliability of outcomes, sustainability of business
initiatives, commitment to future resolutions, employee trust and therefore motivation to report
problems.
The problems that may be raised will vary greatly in a business from lack of follow through on
matters of OHS, pay disputes, allowances and penalty rates to flexibility in hours and days,
bullying, promotion and more. As employee awareness of their entitlements and rights expands
so too does the myriad of issues raised.
You may already have a range of procedures in your business which indicate how to raise
problems; industrial relations action should not take away from the current processes and
procedures.
Good practice suggests that:
Communication about how and when to raise complaints is broad, thorough and
repetitive. There should be signs, memos, standing items on agendas, general
discussions, regular training and formal communication.
Issues are raised in a vertical direction bypassing only the people who are the subject
of a problem. This means a worker brings their complaint to their manager unless
the problem is with the manager. It should be clear who is in the next level for the
complainant, or a human resource role should be able to make this advice.
Complaints should be considered in whatever format they are raised or presented at
the time and in any time and place. A telephone complaint, or one in a face-to-face
situation, isn’t any less serious than a written complaint. Initial steps should be taken
in this format but if you then require them to fill in a template or complete a written
complaint this is just a formality – the process is already in motion.
Consultation is used as the first defence – you should acknowledge that you have
heard and understood the person at every opportunity and find out what they need or
want.
Grievances are not a silent or a hidden process – they are addressed directly with
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whoever is involved or affected, and outcomes are made available to these same
people albeit censored for privacy and confidentiality. Problems should always be
acknowledged and addressed quickly. There should never be processes that are good
for one but not good for all!
Grievances and complaints are tracked and recorded for continuous improvement.
Whilst the process is not about creating statistics it is about learning from the
mistakes of the past to prevent future problems. Where a problem cannot be fully
resolved in a short period of time, it is also about tracking its impact over time in a
way that is reliable.
You will need to develop, over time, a range of processes both internal and external for raising
issues. It should be clear when and how to involve employee representatives and union
representatives, how to access employee assistance programs and the support services available
through government agencies and hotlines.
It is also helpful to develop a range of templates for managing the intake of grievances to ensure
that the employee, the issues and the resolutions are recorded and track for both internal reasons
and for legal reasons too. For example, health, safety and wellbeing records need to be
maintained in case of future legal action and pay matters need to be documented in case of a
retrospective action or the misinterpretation of the award.
Templates should identify:
The date
The person(s) involved
The nature of the grievance and the issues presenting
Who was involved in the resolution
Actions arising from the grievance
Any future actions arising
Agreement from all parties by way of signatures or contracts
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Identify and communicate key procedures for
addressing grievances and conflict to stakeholders
It is normal, during the review of industrial relations policies and procedures in the workplace to
experience strong opposition to the review process, change and even the review of the change.
An underpinning need for motivation is stability which makes it natural for people to feel
unmotivated in these situations.
The absolute objective for the implementation of an Industrial Relations plan needs to be change
management. A change that involves communication, inclusion, empowerment, training and
opportunity is smoother than that which is improperly planned and administered. When we say it
is smoother this means that it will not be without fault, complaint or conflict but just that the
period of negatively will be comparatively shorter in well-planned situations; where there is gap in
the planning employees will always find a way to exploit this.
Whilst you would always like to avoid conflict, it can be healthy in a developing workforce to air
grievances and resolve them directly, publicly, universally and wholly to build team confidence.
Conflict and grievance expose the holes in thought processes, procedures, policies and
administration and gives you the opportunity to address this. If you don’t know what is broken,
you definitely cannot fix it! Therefore, avoidance of conflict is not the healthiest state but
learning from conflict or growth from conflict represents a health organisation.
When an employee raises an issue of procedure or process:
Thank them for bringing it to your attention, acknowledge the courage it takes to
raise problems
Ask questions about how they discovered the issue
Determine any health and safety concerns and address these immediately
Explain the process
Consult with others who use or access the procedure
Consult with experts both internal and external
Collate information from all sources and present to the stakeholder group
Evaluate the options for improvement
Trial, implement and embed
Thank those involved in the process and recognise or reward where appropriate
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Take the opportunity to reinforce grievance and conflict procedures
Even in situations where conflict and grievance is a negative experience – perhaps there is no
positive outcome to be achieved, or the person is being unreasonable – you can follow the above
process to ensure that the company learns and grows.
It is also important, where possible, to communicate not only the times and need to raise
experiences but the process that will be followed for consultation and resolution and the
approximate time frames. A hindrance to participation in grievance procedures is fear of
ramification for the person, complicated processes and humiliation. People also need to know
that a problem will be fixed within their immediate future, and this can be difficult to rely on
when it’s just words on the page.
A process may be:
Find out more about the nature of the grievance – same day
Speak with management / the board – within 48 hours
Identify issues and other impacts – within 7 business days
Evaluate options – within 10 business days
Set actions for resolution – within 14 business days
Review and finalise within 21 business days
Consider communicating both internally and externally about grievances using central
communication systems and additional systems if necessary such as:
Intranet-based policies and procedures
Blog posts or forum posts
Internal memos
Newsletters
Website banners and posts
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Review employee relations policies and plans to
establish whether they are meeting their intended
outcomes
All good development processes involve a period of planning and development, putting the plan
into action, reviewing the plan and making adjustments. We review policies, procedures,
processes, administration and other plans to check that what we are doing, saying, achieving or
reducing is in line with the goals we set at the beginning of the process.
When we review our goals, we are looking for opportunities to improve. For many this is
overwhelming – it involves measurements, consultation, conversations, drafting of changes, new
implementation plans, new goals, new measurements and more. Try instead to see the review as
an essential part of the process and look for ways to challenge yourself and others to do better.
A policy and plan that is working might be achieving results in line with the plan within a 5%
margin of error.
A policy or plan that is not working might be producing lower or less exciting results. A policy or
plan that isn’t right for the organisation has targets and expectations that are being exceeded by
the current results. In both of these cases, the plan needs adjustment.
The review can occur in many ways:
It can be an organic process that results from comments, grievances, results or
external changes
A planned process involving the systematic capturing and evaluation of
measurements on an administrative level
A planned process involving consultation and connection with the end users
A planned process that unpacks and repacks the policy and procedure looking for
better ways
It is useful to build a number of different types of reviews both into your implementation plan
and into the Industrial Relations plan to ensure that there are triggers and collection methods
that do not involve lengthy delays or processes that are cost and time ineffective.
Methods of review might include:
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Reviewing logs and records for inconsistencies, problems or negative patterns
Consultation with stakeholders
Review of meeting minutes and actions arising on a team level to look for patterns
Use of financial and production data
Statistics, long-form records, summaries and tallies
Workshops to unpack and repack policies and procedures
Inclusion of resolutions and actions arising from conflict
Collection and consideration of new methods, techniques, strategies, tips and
information
The most important aspect of the review is the analysis of alternatives, adjustments and options
and adjustment as required. Not all documents, processes, procedures, policies or plans will need
change or clarification, however, but all should receive the endorsement of some kind and an
update of the version number or review number.
You should consider including, on all documents, version control features such as:
The location of storage
The file name
The date the document was created
Any endorsement or change dates
Version numbers
History of changes
If you cannot include these on the document, consider using a register of these details that can
be reviewed and/or tracked with time. These features protect both the person administering the
document and the person using the document from out of date documents that could pose a risk
to compliance, health, safety, statistics or production.
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TOPIC 3 - MANAGE NEGOTIATIONS TO RESO LVE
CONFLICT
Develop and deliver training to individuals in
conflict-management techniques and procedures
Conflict management is the process of breaking down the conflict in a way that identifies the
issues, proposes opportunities for negotiation and results in positive action. It is not, however,
about winning or getting everything that you want nor is about standing your ground.
Whilst we would all love to avoid conflict, Australian workplaces generally look at conflict as
being a part of a diverse workforce with differing views, cultural needs and other forms of
diversity. Instead of focusing on the elimination we look, instead, at controlling it reducing the
reasons for conflict and improving our response with the right policies, procedures, strategies,
plans., communication methods and frequency, skills and knowledge and more.
There are three types of conflict management that are used in businesses, and this generally
represents the key levels of procedural planning – the first being internal, the second being
assisted internal and the third being assisted external. The fastest for everyone is the internal
unassisted procedure where the employee initiates action with their line manager and works,
using a system of policies and procedures, to resolve the issue with the appropriate staff. The
most expensive, time-consuming, slowest and least beneficial is an external assisted resolution
where the employee takes their complaint to another body for arbitration through legal
proceedings.
Because everyone wants to avoid arbitration, it is helpful to have a number of internal conflict
resolution mechanisms and good relationships with assistive services, unions and other employee
representatives. Internally you might try:
Issue raising – an employee raises a problem with their line manager, and together
they investigate opportunities for resolution. They might use a root cause diagnosis
tool and work together or with the help of others in the business to workshop the
best solution. It is quick, easy, free and a win-win for everybody.
Grievance procedures - as covered in previous topics this is the procedure, policies
and procedures for getting help in the workplace. Normally they are more formal
pathways to getting help and should be activated when issue raising does not meet
the needs of the individual, the matter is complex or private, there are health, safety
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or wellbeing concerns involved or there is an allegation.
Mediation – this can be an internal process involving independent people, normally
someone from human resources, or can involve people who provide this dialogue
internally. Mediation is assisted in that a third party helps the two parties talk through
a problem, break down the issues and solutions, ask appropriate questions and work
in a generally positive way towards a resolution.
We have all had to deal with some form of conflict in our workplaces or in our lives before, and
everyone has a different style. You may have met people who don’t raise issues until they are at
boiling point, people with short fuses, people who deny regardless of the situation, those that cry
and those that get so worked up they can no longer communicate – and these same people may
now be in position of management where they are faced with conflict with employees on a
regular basis.
One of the biggest barriers to staff participation in conflict management mechanisms is their lack
of skills, knowledge and training in this area; fear of getting the process wrong, saying the wrong
thing, being put under pressure, having to compromise or not having the solution are all signals
of a this.
Staff who are required to manage conflict within their roles may need skills in:
Questioning including clarification, paraphrasing and summarising
Investigation and problem diagnosis including root cause analysis
Problem-solving and evaluation of options
Communication including active listening and mediation and negotiation
Identifying internal and external support people and services
When you investigate training options, both internally and externally, it is useful to find programs
that:
Identify leadership and conflict styles and provide direct strategies for each of these
Target specific skills
Blend with or complement internal training, policies and procedures
Give the opportunity to practice through case study, role play and project
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Involve informal or formal assessment and feedback from a third party to improve
skills
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Identify, and where possible alleviate or eliminate,
sources of conflict or grievance according to legal
requirements
There are certain areas of conflict that are required to be eliminated by law – immediately you
might think of health, safety and wellbeing concerns, discrimination, harassment and bullying and
unfair pay. Not surprisingly, these are some of the most reported sources of friction in Australia,
and they are the most costly financially and to productivity.
Like the Hazard Control’s that you might use to control risk in areas of health and safety you can
use the same process of immediate control with a long-term view to elimination. In the hierarchy
relating to general risk, we replace personal protective equipment with supervision.
Here is the hierarchy and some suggested actions working from the least effective to the most
effective:
Supervision Have employees work in pairs or with an observer – normally a team leader whose sole function is to oversee work.
Have employees report weekly to a mentor, coach or supervisor and unpack the productivity reports with suggestions for improvement.
Induction / Probation periods Administration Training in any format offered for self-
enrolment or to entire teams
Signage / Diagrams
General policies on hiring / firing / performing
Checklists. Templates including interview / hiring / induction documents that check each person has been given the same information
Single or minimal communication channels
Feedback, reports, statements & analysis
Budget / Spending on IR
Dedicated HR or IR staff with formal training / experience
Engineering / Development Procedures and processes
Workforce planning and development
Position Descriptions, Code of Conduct
Monitors / Logs / Records
Workplace organisation – i.e. design, equipment availability, layout of workstations
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Team Development activities / budget Isolation / Substitution Coaching / Mentoring
Individual training, supervision or performance management
Formal evaluation / surveying including problem-solving at the whole of business level
Staff surveys, collection of internal data, formal and informal interviews for isolating problems
Regular reviews on all other strategies including measurement taking and reporting
Multiple feedback channels
Pathways enablement for promotion, expanding roles, taking on extra duties (for reward).
Elimination & Termination KPI’s combined with performance management
Strong policies on retention, supervision and termination combined with routine manager training/coaching in what to do and when to do it
Hiring for cultural and professional fit
Regular relationship development activities including recognising and rewarding achievement and when someone exceeds expectations
Grievance policies and procedures
Regular reporting on all facets of business including the strength of the teams, workshopping of findings with other managers / CEO / Board
There will, of course, be times when regardless of the internal development and investment in
industrial relations, a business is likely to be perceived as unresponsive, uncooperative or even
oblivious to some disputes. Take for instance after a major safety incident – often people
become disgruntled because there has been a history of not acting quick enough or investing in
the best option in the early days leading to greater, unresolved conflict and certainly conflict with
multiple people simultaneously.
In Australia, we recognise a number of different mechanisms for employees to voice concerns
and have them settled assisted or unassisted at the local level. Earlier we mentioned that all
conflict is bad for productivity, but the following are some examples that will directly influence
productivity in unresolved or prolonged conflict:
Strike action including picketing, participation refusal and absenteeism
Work bans affecting one or more single processes / jobs
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Go-Slow strikes where employees reduce their work pace
Work-to-Rule where employees only perform the tasks in their position descriptions
or that are in certain areas of business procedure *NOTE: this can occur on an
individual level, not just on whole of team or whole of business disputes, with
employees systematically reducing their own investment in a job and reverting to
“position description” duties only. This can be a warning sign of conflict even before
the employee reports it!
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Evaluate documentation and other information
sources to clarify issues in dispute and ensure
completeness, balance and relevance
When dealing with conflict internally is it important to be accurate but not to the point of being
unsupportive or dismissive. This means checking documents, records and situations to ensure
that what the employee is saying and what is available are congruent. You are looking to support
the employees’ evidence with documented or witnessed evidence that will help you better treat
and prevent the problems occurring in the future. You are not undertaking an investigation,
gathering legal evidence or passing judgement and no one is being cross-examined.
Your first and primary source of information should be a formal complaint letter or template. It
is useful to set out a way that you want employees to raise issues so that they can be broken
down easily and to even provide an example. Whilst this will often raise the history and the
nature of the complaint, you should always break down each point into what the situation is,
what is being asked of the employee, what actions need to be taken and the intended result.
Conversely, if the employee has taken their matter outside of the business, you may need to
collect legal evidence over a short period of time to either support the company’s position or to
make decisions about formal concessions and changes that can be made. It is important to
approach this task with an open mind that perhaps the company is wrong.
It is useful to include in your policies and procedures a checklist for helping you to clarify issues,
but as this list would vary between different types of disputes, it is useful to work with some
flexibility also.
Documentation might include:
Records and logs
Matrixes, tables, schedules and plans
Administrative documents, templates and filing systems
Client/employee records
Invoices, statements, bills and financial accounting documents
Emails, written correspondence, call logs and notifications
Policies, procedures, templates, signage and tip sheets
Legislation, regulation, industry code of practice
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It might also be helpful to work with people in the organisation informally or formally to gather
eye-witness accounts and to get feedback on a situation.
As you collect information you should record it in a number of ways to ensure that there is
transparency in what you are doing there is a chain of evidence, you have been accurate, the
evidence supports one or both positions, and you can use the evidence in time and place to
continue the dispute resolution process. A helpful document for recording evidence might be a
matrix in which you can record the issues, the company position, the employee position, any
legislation, regulation or industry code of practice that supports your position and the evidence
you will use to support that it is has been applied appropriately in the workplace.
In your collection process, it is useful to undertake any ordinary reviews of information to check
for accuracy and quality and to apply any normal adjustments provided for in your plans.
If at any time you are unsure about what should be collected, accessed or maintained throughout
a dispute resolution process you should get legal help from the company’s lawyers, through the
FairWork information service, from an employer representative agency or in accordance with
instructions from legal enforcement agencies.
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Obtain expert or specialist advice and/or refer to
precedents, if required
Even with the most up-to-date training, all staff involved in the supervision, hiring, firing or
management of people in the workplace may need help to resolve complex disputes. There are
specialists who do nothing but resolve or consult on particular areas of employee satisfaction,
and they are available at any time to support anyone in the workplace to resolve disputes
internally or externally.
Specialist services may include:
Human resources consultancies
Disability or Cultural advocates
Evaluators / Research companies
Rewards and loyalty programs
Unions, employee representatives and employer representatives
Government agencies and departments
The Industrial Relations Commission for each state, territory or federally
Legal representatives
Independent mediation/conflict resolution services
It is important, before you contact any of these organisations, to be clear on the pathway that you
have agreed to follow on any current disputes, and that you have invested internally in gathering
evidence and documentation to help these services to help you.
Best practice suggests that you:
Research the best service to support your needs – write down or record the details
for two or more services that you will approach.
Prepare for a phone call with some key points, key questions and making copies of
complaints, policies and procedures available in one folder or place.
You should always call the service first to ascertain their fit and their availability with
your timelines. You should provide a summary of the matter and tell them the
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questions you are trying to answer. You should ask for rough timeframes or
turnaround periods and enquire about the processes they will undertake.
Compare multiple service options where possible to choose the best fit for the job.
You should look specifically for services that can turn around work within your time
frames, which are available, that represent quality, that have a complex or thorough
approach to consultation and have a working knowledge of either your industry, area
or state.
If the matter is brief, and there is no payment involved you should take notes of
responses during this phone call.
If the matter is more complex, you should get details to send a cover letter and copies
of documents and any objectives for the consultation including your questions or
required formats. If there is a fee involved you should try to pay this upfront or
provide a letter of authority to invoice or purchase order.
It is important that you are clear about your timelines when engaging the help or support of
people externally as these can become crucial to the positive resolution of employee conflict. In
any case, you should advise the employee as matters progress and of any expected timeframes
each action. For example: when you have contacted an agency and sent the paperwork you
should let the employee know that you have done this and when you expect to get an answer, or
if you have received contact from the specialist but need time to analysis the results you should
tell this employee this too.
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Determine desired negotiation outcomes,
negotiation strategy and negotiation timeframes
Negotiation is often described as a tug-o-war between two parties, but if you remember the
game, from your childhood, you might also remember that someone always exerts more power in
the long run and effectively “wins” by pulling the other party across the line into their side. This
is not, at all, the intended effect of negotiation which is more about persuasion and compromise.
It is a state of win-win instead.
In order to negotiate or compromise you must have clear and stated expectations from both
parties – in other words, in order to be flexible you must have something to be flexible with!
The best way to prepare for negotiation is to get a clear statement, preferably written or in
another way recorded, from the employee(s). You should then undertake research and
consultation internally to define the expectation of the company or the parties you represent. It is
important to remember that “people's” expectations may differ from the policies and procedures
that are in place.
The process from here is clear:
Review and analyse the expectations – where are the two parties expectations the
same, where are they different, why are they different, if they are the same what is
stopping you from resolution, what are the associated laws / regulations and so on.
State what you can do immediately – if you have expectations that are the same or
similar, and there is minimal, or no barrier to resolution then tell the other party
exactly what you are going to do, how you are going to do it and in what time frame
to resolve the problem.
State what you are willing to do with time – if you have expectations that are the
same or similar and there are major barriers to resolution then tell the other party
exactly what you are going to do, how you are going to do it and in what time frame
to resolve the problem.
State what you can’t do because it is prohibited as a matter of law or regulation in
your state / country.
Allow time for reflection – are there matters that, for the employee, are not fully
addressed by the resolutions already set, what are their new expectations, what are
their questions or objections.
Repeat the process until a resolution has been achieved or until only matters of law
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are left. In the case of matters of law, you may need to refer the employee externally
to have the matter resolved at a higher or governmental level.
The persuasion or concession aspects of this process come in stating what you can and will do
without focusing on the negatives. Where you say “we are not willing”, “we won’t”, “we can’t”,
“it’s not possible”, “but” or “however” you are providing negative discussion points that take
away from the positive action that you can take. Where there are negatives you should:
Leave them out of initial discussions and responses, especially those in writing.
Try reframing instead –
o “We can refer you externally to…. to discuss … To do this, we will …..” or
o “We can release you from that duty / position / expectation, and this will
mean….. We will do this by…” or
o “We have to apply a fair and even approach to this matter, and we have done
so in consultation with ….. We will keep doing …..”
Refer externally on any problems that are too complex to discuss or when emotions
are escalated. You should take a proactive approach such as setting up meetings and
consultations or providing the details to the employee at the time of any discussions.
In the event that you are resolving a complex matter where there is both personal and emotional
investment on the part of the employee(s), you should make available the opportunity to be
represented. This is an employee right in all matters although you may wish to provide a
framework for its productivity. Many Australian organisations that are aligned with a union
choose to make representation a union representative only option, especially in the early stages of
negotiation. Where possible use discretion so as to avoid being unfair to people who are not yet
members of the union or do not wish to be.
A negotiation is only an option when the two parties are willing and able to discuss their options
and when there is still the ability to move or bend in a position. You may find that you prepare
for negotiation but in the meeting with the other party, they are no longer willing to bend or be
flexible with their expectations. It is important, therefore, to set time periods for responses,
investigation and negotiation to ensure that you do not miss any windows of opportunity.
A good timeline is:
Respond to complaints within 24 hours acknowledging receipt and thanking the
person for bringing the matters to you in the appropriate way
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Gather additional evidence within 48 – 72 hours to help you to plan for a more
detailed response. If possible, meet with the person during this time.
Investigate any impediments to timeframes such as planned leave, public holidays or
the whole of business functions and advise the employee of the timelines that will
apply to them.
Try to respond with the first round of negotiation within 7 days. If you do not have
any resolutions or outcomes at this point, you should state this and what you are
going to do to get the information you need.
Try to resolve 95% of all matters within 14 days – this means 95% of all complaints
raised, in general, and 95% of all matters raised by the employee in their complaint if
you cannot get final outcome within this time because of impediments.
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Advocate the organisation’s position in negotiation
with the view to reaching a resolution that aligns to
organisational objectives
As outlined in the previous section sometimes you, a manager or a human resources practitioner
will be required to negotiate on behalf of the organisation in order to achieve a win-win
resolution. There will be times when this is advocated to an external service provider,
representative, agency or department.
The level of formality needs to be considered when advocating externally, and your
communication should include all areas where action can be taken. When working with people
who are not a part of your organisation, you will need to include:
Background information such as the policies and procedures, how these are explained
to individuals and how you know that the person making a complaint was aware prior
to the complaint
Copies of documents that are subject to the complaint including any forms, records,
logs, templates or communications.
Copies of communications from senior management, the CEO or the board stating
the position
Any legislation, regulation or industry codes of practice to support your position.
In general, an external agency will forward all correspondence with their summary of the
situation to the employee, so they need to understand the who, what, when, where, how and why
every bit as much as the employee should. This also gives them time to unpack any additional
issues that may be arising, or that may need addressing.
It is important when advocating a position that you:
Remain professional at all times
Focus on the positives
Back everything up with evidence
Remember your human side
Use a formal format and tone
Check everything for accuracy and integrity
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Have the authority to write on behalf of the organisation or to represent the
organisation – you may get this through your position description, or you may have a
process for signing off negotiation approaches through workplace procedure.
It is possible, in all negotiations, that the employer has acted within the law, regulations and
current awards and they are not prepared to be more flexible in the application of their legal
entitlements. In this case, you may advocate for compliance with the law, change of the law for
your employees, or for concessions instead.
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Document, and if necessary certify, the agreed
outcomes with the relevant jurisdiction
The process of resolution for outcome includes:
Identify the core issues
Negotiation
Documentation of outcomes
Implementation of outcomes
Review of outcomes
After you have completed negotiations and a resolution has been offered and accepted, it is an
important part of the process to document what you have agreed to and to have the terms,
accepted by both parties. An example of this might be in the negotiation of a workplace
agreement that changes that normal hours of an employee – you would make the offer, create the
agreement highlighting the new arrangements, send it to the employee to sign and then have
someone with workplace authority sign it on behalf of the employer.
Documentation is more than just writing a letter or making a note – these are just records of one
sides approach. Instead, when we talk about this final stage of negotiation, we mean a systematic
approach to updating policies and procedures, contracts and agreements and formalising these
with a sign-off.
In the event that you are working with more binding documents that impact multiple people
within your business, you may need to go through the process of certifying an agreement i.e. in
the case of an Enterprise Bargaining Agreement. This process is carried out in accordance with
the law giving the industrial relations committee in your region the final sign-off authority and
allowing them to publicly publish the agreement for it to be found and used by all stakeholders.
An agreement often supersedes an Award or minimum entitlements. Therefore, it is important
that the right process is followed.
Agreements may be made between for just your company, across multiple companies, across
companies and their associates or for all businesses carrying out duties within a particular field or
industry. There are different processes for each type of agreement. You can learn more about
these by navigating to https://www.fwc.gov.au/awards-and-agreements/agreements/make-
agreement
It is also important that you ensure that all documented agreements are:
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Related to current expectations and trends, legislation, regulation and awards
Correct, accurate, spell-checked and well written
Vetted for discriminatory, misleading or unjust terms
Set out with a limitation of liability or use
Validated and version controlled in line with your company or industry policies and
procedures
Comprehensive including any additional agreements required such as confidentiality,
discretion, copyright or intellectual property retainers
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Take remedial action where groups or individuals
fail to abide by agreements
There are a number of reasons why an individual or group may fail to abide by an agreement, and
you should also approach these situations with the intent to uncover the reasons and put in place
actions to support meeting the agreement. However, when the act is deliberate or wilful or when
attempts to resolve problems have not been successful, you may need to consider remedial action
to protect the business and its employees.
The Fair Work Act 2009 provides employers with a number of options for a remedy when
individuals and groups are not participating in the dispute resolution process and in a number of
protected actions. This act underpins the majority of employee relations activities, and you can
find a copy of the act here - http://www.austlii.edu.au/au/legis/cth/num_act/fwa2009114/
Some of the actions that may be available to you include:
Recovery of damages ad costs
Injunctions to prevent, stop or delay action
Penalties on employees and companies
Cessation of payments during protected action
Protected Industrial Action means that there is protection from civil liability for either the
employers or employees under a range of conditions and this is administered by the Fair Work
Commission in Australia. There are a number of actions that need to occur before industrial
action, such as a strike, can be initiated and protected. The best source of information for
employers and employees is the Fair Work Commission website and contact line. You can learn
more about industrial action by navigating here: http://www.fairwork.gov.au/about-us/policies-
and-guides/fact-sheets/rights-and-obligations/industrial-action#protected
There are also a number of internal remedies that can be actioned fairly. This may include:
Review of medical certificates for extended period of illness absenteeism – for
periods that are not covered or confirmed pay may be withheld
Review of employment in cases of misconduct, inconsistent performance,
unexplained non-attendance and behavioural non-conducive with the role
Performance review and management against the position description including
limitation to bonuses and performance recognition
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When considering any remedial action, at any time you need to consider:
What do your agreements say are the sanctions or likely outcomes?
What does the award say, if there are no provisions in the agreement?
What does the legislation say?
What is fair, reasonable, ethical and appropriate and what support can you get from
internal and external sources?
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TOPIC 4 – FURTHER INFORMATION
Key features of relevant entities in the current
Australian industrial relations system, including
courts and tribunals, trade unions and employer
bodies
Courts and Tribunals
Australia’s workplace relations laws
As set out in the Fair Work Act 2009 and other workplace legislation, the key elements of our workplace
relations framework are:
A safety net of minimum terms and conditions of employment.
A system of enterprise-level collective bargaining underpinned by bargaining obligations and rules
governing industrial action.
Provision for individual flexibility arrangements as a way to allow an individual worker and an
employer to make flexible work arrangements that meet their genuine needs, provided that the
employee is better off overall.
Protections against unfair or unlawful termination of employment.
Protection of the freedom of both employers and employees to choose whether or not to be represented
by a third party in workplace matters and the provision of rules governing the rights and
responsibilities of employer and employee representatives.
Australia’s workplace relations laws are enacted by the Commonwealth Parliament. The practical application of
the Fair Work Act in workplaces is overseen by the Fair Work Commission and the Fair Work Ombudsman.7
7 https://www.jobs.gov.au/australias-national-workplace-relations-system
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Industrial Relations Australia
The Fair Work Commission (FWC), until 2013 known as Fair Work Australia (FWA), is the
Australian industrial relations tribunal created by the Fair Work Act 2009 as part of the Rudd
Government's reforms to industrial relations in Australia. Operations commenced on 1 July
2009.
The Commission is Australia’s national workplace relations tribunal. It was established by the
Fair Work Act 2009 (Fair Work Act) and is responsible for administering the provisions of the
Fair Work Act.
The Commission’s powers and functions include:
Dealing with unfair dismissal claims
Dealing with anti-bullying claims
Dealing with general protections and unlawful termination claims
Setting the national minimum wage and minimum wages in modern awards
Making, reviewing and varying modern awards
Assisting the bargaining process for enterprise agreements
Approving, varying and terminating enterprise agreements
Making orders to stop or suspend industrial action
Dealing with disputes brought to the commission under the dispute resolution
procedures of modern awards and enterprise agreements
Determining applications for right of entry permits
Promoting cooperative and productive workplace relations and preventing disputes
The Commission and General Manager also have responsibilities in relation to the registration,
amalgamation and cancellation of registered organisations and the making and alteration of their
rules under the Fair Work (Registered Organisations) Act 2009.8
8 https://www.fwc.gov.au/about-us
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Industrial Relations Court of Australia The Industrial Relations Court of Australia (IRCA) is a superior court of law and equity, established by the
Australian Parliament under the Industrial Relations Reform Act 1993 which amended the Industrial Relations
Act 1988. It is equal in status to other national superior courts such as the Federal Court of Australia and the
Family Court of Australia. It consists of a Chief Justice and as many other Judges as hold office under the
Industrial Relations Act 1988. As a consequence of the Workplace Relations and other Legislation Amendment
Act 1996, the Court's jurisdiction has been transferred to other Courts, mainly the Federal Court of Australia.
On 25 May 1997 the staff and resources of the Industrial Relations Court of Australia were transferred to the
Federal Court of Australia.
Despite the transfer of jurisdiction, the Industrial Relations Court of Australia continues to exist at law until the
last of its judges resigns or retires from office. 9
Trade unions
A trade union is an organisation whose membership consists of workers and union leaders,
united to protect and promote their common interests.
The principal purposes of a labour union are to:
Negotiate wages and working condition terms
Regulate relations between workers (its members) and the employer
Take collective action to enforce the terms of collective bargaining
Raise new demands on behalf of its members
Help settle their grievances10
In order to identify the trade union that meets the needs of your business type you can contact
the ACTU Workers' Line on 1300 362 223 or check out their website: http://www.actu.asn.au/
Employer bodies/associations
There is a range of employer bodies/associations that you can contact in relation to employee
relations. These include:
9 https://www.fedcourt.gov.au/about/courts-and-tribunals/irca 10 http://www.businessdictionary.com/definition/trade-union.html
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Peak organisations
o Australian Council of Trade Unions
o Australian Chamber of Commerce and Industry
o Australian Industry Group
National
o Australian Workers' Union
o United Voice
State and territory based
o Australian Business Industrial (NSW)
o Union of Christmas Island Worker
o Victorian Employers' Chamber of Commerce and Industry
There may be other employer bodies or associations that may relate directly to your organisation.
These could be more industry related rather than overarching. You will need to check for the
ones that relate to you.
Key features of relevant organisational policies and
procedures
Industrial relations, often called labour-management relations or labour relations, is the human
resources discipline most often associated with matters involving union workers. Employee
relations is the companion discipline that HR experts typically use when defining the HR
responsibilities for a non-union employee base. Policy development for industrial relations
generally is formed by the employer's HR department leader; however, if an HR leader is not on
staff, industrial relations policies become the responsibility of the employer's highest-ranking
manager, such as the company president.
Organisational policies that relate to long-term employee relations objectives may include:
Effective management of grievances, conflict situations and dispute-resolution
procedures
Employee commitment
Employee satisfaction
Job design
Negotiation outcomes
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Organisational culture
Relations with unions and other peak bodies
Restructuring
Salary, remuneration, benefits and bonuses
Workforce planning
Workplace reform
Your organisation will have policies and procedures in place so you should identify them and
read them to ensure you are aware of the features of each.
Key features of organisational objectives
Every organisation has objectives. In this case we are talking about the objectives of an
organisation relating to employee relations. Some objectives an organisation may have could
include:
Establish and foster sound relationship between workers and management by safeguarding their
interests.
Avoid industrial conflicts and strikes by developing mutuality among the interests of concerned
parties.
Keep, as far as possible, strikes, lockouts and gheraos at bay by enhancing the economic status of
workers.
Provide an opportunity to the workers to participate in management and decision making process.
Raise productivity in the organisation to curb the employee turnover and absenteeism.
Avoid unnecessary interference of the government, as far as possible and practicable, in the matters of
relationship between workers and management.
Establish and nurse industrial democracy based on labour partnership in the sharing of profits and
of managerial decisions.
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Socialise industrial activity by involving the government participation as an employer. 11
Discuss the organisations objectives with relevant people to ensure you are aware of them and
can focus on them whilst working. Unless you understand the objectives of an organisation you
cannot become part of the team nor contribute to the implementation any procedures effectively.
11 http://www.yourarticlelibrary.com/industries/industrial-relations-ir-concept-scope-and- objectives/35430
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SUMMARY
Now that you have completed this unit, you should have the ability to manage employee
relations.
If you have any questions about this resource, please ask your trainer. They will be only too
happy to assist you when required.
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