Manage workplace Relations THHGLE10B

Manage workplace RelationsTHHGLE10B Session 3 Build a positive industrial relations climate.

Session objective • By the end of today’s session you will have the skills to Create conditions of employment in accordance with relevant legislation and industrial awards / agreements Contribute to the development of formal industrial procedures in consultation with relevant parties

Session objective • Continued Use agreed procedures to resolve employee relations in accordance with enterprise policy and legal requirements Monitor agreed processes and make appropriate adjustments in consultation with relevant parties Identify the need for and access specialist assistance in industrial relations matters when appropriate.

Recommended Reading Management Theory & Practice, C Cole chapter 23

21st Century workplace relations What springs to mind when you think of industrial relations? Conflict or Collaboration? They are two sides of the same coin

Industrial Democracy • Communication, information sharing and input • The opportunity to influence decisions • Short chains of command, delegation of responsibility and decision making, and use of established mechanisms for communication and consultation • Consultative and cooperative approaches to conflict • Shared understanding of the organisations’ vision, goals and objectives • Desired by management and employees alike • Participation is not a panacea

The Big Picture Genuine consultation pays. A study by Paul Gollan (2001) concluded concluded that employers who engaged in genuine consultation… were significantly more likely to achieve better outcomes’

Industrial disputes • A state of disagreement over a particular issue or group of issues between employees and employers. Including- • Strikes • Lockouts • Work to rule

The Workplace Relations Act 1996 The Workplace Relations Act 1996 made a number of far reaching adjustments to the nature of workplace relations and workplace practices in Australia curtailing the powers of both the Australian Industrial Relations Commission (AIRC) and the trade unions

The Workplace Relations Act 1996 • It reduced the matters that can be covered by awards and provided for individual agreements (AWA) and collective agreements (certified agreements or CA’s) • The act included the right of entry to workplaces, restricting access to unions unless invited on site from a union member.

The Workplace Relations Act 1996 • The act also restricted industrial action and banned discriminatory action against non-unionists banning closed shops. • The act encouraged the creation of enterprise unions and autonomous enterprise branches where members are drawn from the same enterprise regardless of skill or function.

Unfair and unlawful dismissal • Termination of employment for reasons of age, pregnancy, union membership, race, marital status etc • An employer must not terminate an employee in a manner that is harsh, oppressive or unfair. • In the Western Australian State labour relations system, unfair dismissal applies to terminations that are found to be harsh, oppressive or unfair. There is no set definition of this term. Whether a particular dismissal was unfair can only be determined on the circumstances of an individual case.

Unfair and unlawful dismissal • An employee can lodge a claim of unfair dismissal in the Western Australian Industrial Relations Commission (WAIRC). • It should be noted that not all employees are eligible to pursue unfair dismissal. For example, the federal Workplace Relations Act 1996 excludes all employees of organisations that are constitutional corporations from accessing unfair dismissal in the WAIRC. • Information on the process for claiming unfair dismissal is available in the Termination and unfair dismissal publication. • For further information on unfair dismissal call Wageline on 1300 655 266.

Determining Wages • Awards • Workplace Bargaining • Workplace Agreements

Awards There have traditionally been two types of award: • Minimum rates award • Paid rates award

Award Restructuring The move away from a national, collective award based system of bargaining for pay and condition to individual and enterprise based negotiations Safety Net Minimum conditions of employment related to pay rates, loadings, hours of work, leave issues etc

Award Restructuring Safety Net • Pay rates • Classifications • Overtime • Piece rates and bonuses • Hours of work • loadings • Penalty Rates • Redundancy • Stand down Provisions • Leave Issues • Award Disputes • Termination • Types of Employment

Workplace bargaining and workplace agreements • A provision for negotiating pay and conditions also known as enterprise bargaining. Enterprise Bargaining • Employees and employers now negotiate terms and conditions that suit their particular work site.

The bargaining process • An efficient barging process leads to high-quality workplace agreement. • If the bargaining process drags on for too long, it drains resources and frustrates people. • A high quality outcome is one that people are committed to achieving.

Reaching agreement • Nominate employee and organisation representatives. Involve first-line managers as well as HR • Agree on the process • Consult with those who will be signing the agreement to keep them abreast of the developments • Set clear goals that aim to make improvements to the organisation and the employees’ working life • Listen, discuss and explore • Develop a range of options • Agree on the best of the options and write them into the final agreement. • Make sure that the final agreement is clear and easy to understand • Have the workplace agreement signed by the employees and submit it to the relevant authority.

Identify special assistance in industrial relations matters • Negotiations can be tough, you may need specialist advice in order to ensure you are not breaking the law. • If you are unsure always seek assistance in industrial relations matters when appropriate • Australian Hotels Association (AHAWA) www.ahawa.asn.au • Wageline www.docep.wa.gov.au

Manage workplace Relations THHGLE10B