Managing employee relations

10 conditions of NES

- 38hr working week - flexible working hours - annual leave - personal leave - community service leave - long service leave - public holidays - notice of termination - domestic violence leave - parental leave

The commodity view

- Fits with Cost Minimisation Strategies within an organisation. - Broadly the hard HRM approach; may lead to unionisation as employees have no voice in workplace decisions. - May result in IR issues and conflict as trade unions (third parties) are present. - Think of FibreTek from tutorials and even Quay Hotel.

Conditional trust

exists when parties cooperate but without entailing personal cost or increasing personal risk is compelled to be co-operative by law and economic necessity

political lobbyist

have external influence on the organisation's political and regulatory environments as these intersect and effect the labour market

Unconditional Trust

the confidence that one party to the exchange will not exploit the other's vulnerabilities

Optimal Trust

the level and type of trust necessary for an organisation's employees to function effectively

Good employer

• Respects and trusts employees and managers - think ACER. • Encourages voice in many forms, and also participation, and autonomy (sharing control which promotes workplace democracy). • Legally compliant and provides a safe, healthy, and inclusive workplace free from bullying, discrimination, and harassment. • Provides an appropriate work environment, time, and resources to do the job effectively and efficiently. • Encourages employees to have fun at work and to continue to learn and develop new skills. • Provides appropriate pay and conditions. • Has a clear mission and values with which employees can identify. • Shows strong leadership amongst all levels. • Has professional, ethical HRM staff. MGF2341 Managing Employee Relations

Awards

•An award is a legally binding document on employers and unions in an industry which establishes minimum terms and conditions for that industry. Annual minimum wage increases are inserted into these awards. •Awards are used to benchmark enterprise agreements with regard to the Better Off Overall Test (BOOT)

representation in IR related roles

- Workplace investigations - Negotiation & mediation; enterprise bargaining guidance and proforma -Management & employee training e.g. anti discrimination, bullying and harassment, WHS - Tribunal and court representation; advocacy - Advisory service, call centre - As an employer, use membership of an association or organization to "get your IR right" and to become a "good employer" by avoiding legal pitfalls in managing your workforce.

Strategic HRM

- combines elements of both these other approaches to achieve an organisation's objectives. - Can contribute to building a culture based on ER as it builds trust, utilises employee voice mechanisms, teamwork, focuses on work with dignity. - Is legally compliant regarding WHS, discrimination etc.

Australian Charter of Employment

- good faith - work with dignity - freedom from dicrimination - safe and health work place - workplace democracy - union membership and representation - protection from unpaid dismissal - fair minimum standards - fairness and balance - effective dipute resolution

Paid parental leave

- helps employers retain valuable and skilled staff - employers should keep records of fund they receive from DHS - employers should inform DHS if their employees return prior

importance of legally protected rights

- minimum wage - protected from unfair dismissal - protected against discrimination - protect from bullying - stable work environment - retain employees

Employee Champion or Advocate

- provides advocacy of people - HRM is about creating a work environment and work systems in which people will choose to be motivated, to contribute and be happy

Swift Trust

- the need to develop quickly from a state of distrust to at least conditional trust but preferably unconditional trust - utilisation of different communication techniques and mechanisms is important - Team members and employees need to be able to rely on others to complete their section of the project

work experience

-reason for arrangement - length of time - significance to the business - what is the person doing - Who is getting the benefit

Trade union steps

1. Campaign 2. Credibility 3. Commitment 4. Contact 5. Communicate 6. Collective

registed and unregistered

Comparing registered and non registered associations shows that apart from tribunal appearances, the roles are very similar for both types of organisations when it comes to IR representation. Comparing registered employer associations with trade unions, they are both democratic organisations and membership-based. Trade unions are formed for industrial relations purposes while, for employer associations, handling IR is just one role.

Inclusive

The inclusive workplace model is an approach to managing people that values and respects all employees in an organisation rather than expecting an individual to 'conform' to the workplace.

ACER

A voluntary charter to which employers can choose to commit in order to build a positive workplace culture and to encourage the development of ER. Nine of the ten rights are underpinned by Australian legislation but 'Work with Dignity', while the most important, is not legally underpinned in any way. ACER is broader than the NES

domestic violence leave

ACTU campaigned for 10 days paid leave after FWC's decided in favour of unpaid leave

Fair Work Commission

Australia's national workplace relations tribunal. Its role is to assist employees and employers to maintain fair and productive workplaces. The FWC is an independent body that operates under the Fair Work Act 2009.

Bargaining and negotiating

Both negotiation and enterprise bargaining are underpinned by communication skills. The principles of good faith bargaining attempt to create a positive bargaining process and outcome but do not force the parties to reach an agreement.

conflict

Conflict needs to be resolved quickly before it spreads across the workforce and before it causes problems for the organisation such as lost productivity, reduced customer service, legal costs, staffing costs in the case of high turnover, increased workplace accidents and WorkCover premiums, loss of reputation, etc.

Integration

ER - is unitarist with common objectives shared between employer (represented by a manager or supervisor) and employee. ER can also encourage team work because it is about direct positive relationships and communication. IR - s pluralist with many different interests and objectives between employees and the employer. It focuses on rules and regulations (i.e. laws) to guide management, employee and trade union behaviour (e.g. Fair Work Act 2009). HRM - managing people for the good of the company, but doing so in a legally compliant way which also builds a an ongoing direct positive relationship between employees and managers (i.e. ER).

representation in employee related roles

Employer association members go to the association; trade unions go to the members at their workplace - Employer associations and organisations have a "hands off" approach to their members' IR issues; trade unions have a "hands on" approach and become involved in issues of concern for their members through the '6Cs of organising'

Resource view

Fits with Quality Enhancement Strategies within an organisation - Broadly the soft HRM approach with some emphasis on measurability of outcomes; easier to keep unions out. - Contributes to building ER as it builds trust, utilises employee voice mechanisms, teamwork, focuses on work with dignity - think ACER.

HRM

HRM practices can be used to build ER; BUT if HRM practices fail, the result is IR, especially conflict and the likelihood of employees seeking assistance from a third party such as a trade union or legal redress e.g. the FWO or the FWC or the AHRC, etc. Effective HRM can be used to prevent, overcome or solve workplace problems that include individual conflict/uncivil behaviour such as bullying, discrimination, and harassment.

Conflict managing

Individual and collective conflict can each cause problems and be costly for an organisation if not resolved efficiently and effectively. If a manager does not act when a conflict incident occurs, employees lose trust in the manager and ER will be lost. A manager and employee have several choices of mechanisms for resolving individual conflict, depending upon the type of conflict that is occurring. Individual conflict may be resolved by the HR Manager or supervisor, by a mediator, or by the AHRC or state-based equivalent. Industrial conflict during enterprise bargaining is handled by the FWC.

Bullying

Individual behaviours such as bullying, discrimination and harassment are examples of individual conflict and are often caused by power imbalances in workplace relationships, misplaced perceptions about other people, or personal dislike and a lack of respect/civility.

Resolution Processes

Mediation- process in which the participants, with the assistance of a dispute resolution practitioner (the mediator), identify the disputed issues, develop options, consider alternatives and attempt to reach an agreement. An HR professional may be trained in mediation and therefore be able to resolve the conflict without going to an external third party (the mediator). Conciliation - 'evaluative process', in which the parties to a dispute, with the assistance of a conciliator, identify the issues in dispute, develop options, consider alternatives, and attempt to reach an agreed outcome. Arbitration - quasi-legal (i.e. more formal) method of dispute settlement in which an independent third party - the FWC - considers the arguments and evidence of both sides and then makes a determination (i.e. decision.

BCA

Non registered employer organisations like the BCA can still have a large degree of influence on government policy and legislation because of their lobbying techniques and research carried out on behalf of members. These organisations can still appear before the FWC with the tribunal's permission. These organisations have high public profiles. Like registered employer associations, they represent their members and provide a unified front on a range of issues, not just IR

ILO: Employment

On 16 August 2017, the Australian Liberal-National Coalition Government announced its intention to introduce legislation requiring large businesses to report annually on actions taken to address modern slavery, including in their supply chains.

ACCI

Registered employer associations like the Australian Chamber of Commerce and Industry have legal rights in the industrial relations system such as appearing before the FWC. Like trade unions, they are covered by the ROC Act. However, IR is just one of their areas of interest. They are representative bodies with a structure similar to a company and they tend to have high public profiles.

representation in business related roles

Strategy development -Research and reporting on issues in the business environment confronting members - Review & drafting workplace documentation e.g. policies to be legally compliant - Compliance audits - Lobbying of Government and Opposition

Trust in teams

Team trust, which resides at the team level and refers totrust collectively shared among team memebers

Fair Work Commission (FWC)

The FWC has a key role in enterprise bargaining and different types of conflict resolution, including strikes, lockouts, unfair dismissal and, from 2014, bullying orders. The FWC sits at the centre of the Australian IR system. There is a right of appeal in some cases to the Federal Court and from there, to the High Court. As an HR professional in Australia, you need to be familiar with how the FWC operates in case you need to appear before it and you need sound advocacy and presentation skills and be able to develop an argument (a bit like your debates)

FWO

The FWO investigates breaches of the Fair Work Act and takes requisite action, through the courts if necessary e.g. wages theft (i.e. wages underpayment) by franchisees such as 7- Eleven and Gloria Jean's.

The Fair Work ACt 2009

The Fair Work Act 2009 provides for legal minimum conditions under the 11 National Employment Standards, a legal minimum wage determined by the FWC, protection from adverse action and unfair dismissal, and the right to join and be represented by a trade union. Breaches are legally punishable.

High Court of Australia

The High Court of Australia is the most senior court and it does here appeals from the Federal Court relating to employment and industrial relations matters.

ILO

The International Labour Organization has provided a number of employment and work related Conventions to which countries commit to upholding by passing laws that uphold the intention of the convention. Convention breaches, however, are not punishable

Trade Unions

The central purpose of a trade union is to permit workers to exert, collectively, the control over their conditions of employment which they cannot hope to possess as individuals, and to do so largely by compelling the employer to take account, in policy and decision-making, of interests and priorities contrary to his/her own, especially during enterprise bargaining. Some trade union aims are legal, political, ethical and broadly social rather than just being industrial (i.e. not just about wages and conditions for members and extend beyond enterprise bargaining).

third party

Third parties external to the organisation are often used to resolve conflict. The issue with a private mediator is that they can be expensive and the costs are usually covered by the employer which means employees see the mediator as representing the employer, rather than being neutral. (Think of the FibreTek case study from the week 6.)

Trade Unions issues

Trade unions are central to protecting and furthering workers' rights; for example during enterprise bargaining, a trade union can negotiate for members', can organise industrial action (union meetings, work bans, go slows, work to rule, strikes, which are all collective and overt forms of industrial conflict); and achieve better outcomes for members - think Hastings Dispute, Qantas lockout, and ACTU fighting for employees rights during the current COVID-19.

Health and saftey

Under Australian WHS legislation, safety representatives are elected by employees and are a direct form of employee voice. Safety committees at medium to larger sized organisations have elected representatives also on safety committees; in a small business, the owner may delegate themselves responsible for safety - however, everyone at a workplace has responsibility for safety. At unionised workplaces, the safety representatives undergo trade union-provided training which is usually more extensive than that provided by an employer (e.g. 3 days with certificate accreditation rather than half a day or one day).

National Employment Standards (NES)

a safety net of 10 minimum conditions that employers must provide when offering employment contracts to employees

administrative Expert

administering enterprise agreements and modern industry awards and ensuring legal compliance of employment contracts and company policies.

interpersonal trust

between team members, which resides at the individual level and refers to the interpersonal dyadic relationships between pairs of members in the team

IR

collective processes engaged in by employees, controls over the employment relationship and who holds it, recognition that conflict is a normal part of the employment relationship but that it can be resolved using conciliation, communication and cooperation. IR is a legal framework or system in which ER and HR operate. Collective processes include enterprise bargaining (with union representation) and industrial conflict resolution through the FWC.

Diversity

concerned with recognizing the value of differences within the workforce and managing them for commercial advantage, [and] inclusion is concerned with the processes that incorporate differences into business practices and thereby help to realize the value.

Employee Relations

individual employees and the relationship with their manager. The relationship is ongoing, direct and positive with no third party interference and can be facilitated by effective HRM practices. ER, like HRM, operates within an external legal/IR system. It is possible for an employer to use the ACER to build a culture of trust, respect, and dignity at work to achieve an ER

organisational change agents

knowing how to link change to the strategic needs of a organisation and communicating the need for change to employees and other managers. aim is to minimise fear or dissatisfaction of change

Strategic Partner

managers are a strategic partner and contribute to the the development and accomplishments of a organisation.

General Trust

the belief that another party will continue to adhere to the rules of fairness or reciprocity even in circumstances in which it might be advantageous to do otherwise