Finding a sustainable model for the future - the Australian Charter of Employment Rights WA Industrial Relations Society

1. Workplace Relationships Finding a sustainable model for the future - the Australian Charter of Employment Rights WA Industrial Relations Society

2. AGENDA • Who is AIER? • Employment Rights • Charter of Employment Rights • Uses for the Charter - general • Do you need to use the Charter? • How you can use the Charter

3. AIER • Independent think tank • Tripartite structure • Promotes the recognition & implementation of the rights of employers and workers in a co-operative workplace relations framework • Framework - Charter of Employment Rights

4. Employment Rights • Contested arena • Polarised views • Political overlay • ?impact on workplace relationships

5. Where is the Government going? “Labor’s new system will be different. It will be based on the rights and responsibilities of those at a workplace and democracy in the workplace.” Forward with Fairness

6. “Consequently, Labor will give effect to important workplace rights that are essential to a functioning democracy: - collective bargaining; - freedom of association; - the right to representation, information and consultation in the workplace; - protection against unfair treatment; - access to an effective procedure to resolve grievances and disputes; - freedom from discrimination; and - equal remuneration for work of equal value.” Forward with Fairness

7. Culture Change? • For the government to achieve its stated policy objectives there is a need to rebuild an environment of trust and partnership in workplaces and between the industrial parties. • There is also a need to provide education to the industrial parties and to the broader community of what constitutes fairness in the workplace.

8. Beyond the impasse • Focus on the relationship - what are the founding principles? • What rights for employees? • What rights for employers?

9. Sources of Rights • International Sources • Australian traditions - the historical “important guarantee of industrial fairness and reasonableness”. • Evolution of the Contract of Employment

10. Charter of Employment Rights • Work of eminent workplace relations practitioners from academic & legal communities • Subject to public discussion and consultations

11. Panel of Experts Professor Joellen Riley, Professor Greg Bamber, Carol Andrades, Dr Anthony Forsyth, Associate Professor Colin Fenwick,Professor Marilyn Pittard, Professor David Peetz, Professor Barbara Pocock, Justice Paul Munro, Mordy Bromberg SC, Professor Ron McCallum,David Chin, Anne Gooley, Professor Russel Lansbury,Emeritus Professor John Neville, Associate Professor Peter Kriesler, Michael Harmer, Mark Irving, Peter Rozen, Julia Watson

12. Uses for the Charter • Legislative - Framework • Guide - mediation, conciliation & arbitration • Agreement making • Employer policy & decision making • Standard-Benchmark Accreditation • Government procurement • Instrument of Education

13. Do you need the Charter? • Attraction & Retention • Alignment with values &mission • ‘Brand’

14. Attraction & Retention e.g. • Increase of 3% in paid staff but increase of 4% in number of clients • Staff turnover 14.3% (other industry average 10 -12) • Increase in the amount of unfunded work performed by staff & volunteers • 58% of organisations have trouble attracting appropriately qualified staff ACOSS Community Sector Survey -Feb 07

15. Cont. • 56% of workers expect to remain in their current job for 5 years or less • 19% expect to change jobs in 1-2 years ASU Member Survey 2007

16. Alignment -Values &Mission • Internal damage done when employment practices don’t align with stated values, goals and mission • Survey 235 000 workers in Australia released in August 2007 - 95% of Australian businesses experience a gap between culture espoused and culture achieved • Emphasis is on Aggressive/Defensive behaviour & short term management

17. ‘Brand’ • Enormous potential for damage to be done to the organisation’s reputation if public perception of treatment of staff is out of step with the brand the organisation has created.

18. Using the Charter • Explore • Educate • Consult • Adopt • Implement • Evaluate • Affirm

19. Explore • What is the essence of our organisation? • How does this fit with our people treatment? • What is the capacity of our leaders?

20. Educate • Governing body, leaders, staff & volunteers • What a Charter or rights is • How a Charter of rights could be used

21. Consult • What rights? Whose rights? • Use AIER Charter as template or • Start with a blank page - What rights are important in this workplace?

22. Adopt • Policy • Part of employment agreement • Included in staff development plans & as part of leaders performance objectives

23. Implement • Pick some simple measures as indicators of success • Training & review of practices

24. Evaluate & Affirm • Pick time to review with all stakeholders • Affirm progress - positive moves towards the standard will be affirming • Drifts away from the standard need to be addressed ASAP

25. The government’s policy objectives require workplace environments that are open, participative and conducive to learning and parties that are prepared to work in an environment of mutual respect. Changing legislation alone will not achieve this result.

26. Government can create the environmental factors conducive to this change. • The industrial parties and workplace participants need to then take responsibility for making it a reality.

28. 2009 The accreditation model!