2.18 Dispute Resolutions

Question 1

Define “Disputes”

Answer 1

A result of a disagreement or dissatisfaction between individuals or groups

Question 2

What are the types of industrial actions done in order to resolve disputes?

Answer 2

1. Strikes (withdrawal of labour)
2. Lock-out (closing the workplace for a period of time)
3. Picket lines (protests)
4. Absenteeism

Question 3

Define “Protected action”

Answer 3

Action taken by either party to a dispute that has been approved by the Fair Work Commission

Question 4

Define “Unprotected action”

Answer 4

Action that takes place before the expiry date of the previous agreement, without proper warning

Question 5

List the stages of the Dispute Resolution Process

Answer 5

1. Listen to staff
2. Negotiating
3. Mediation
4. Conciliation
5. Arbitration

Question 6

Define “Negotiation”

Answer 6

A method of resolving disputes whereby discussions between the parties result in a compromise and an agreement about a dispute

Question 7

Define “Mediation”

Answer 7

The confidential discussions of issues in a non-threatening environment, in the presence of a neutral, objective third party, who helps the parties in a dispute to work towards an agreement, but does not offer suggestions or solutions

Question 8

2 advantages of Mediation

Answer 8

1. The disputing parties come to their resolution. More likely accepting of the outcome
2. Generally more cost-effective

Question 9

What are the different characteristics of Mediation?

Answer 9

1. A quick and cheap way of resolving disputes
2. Outcomes are not legally enforced
3. Employers and employees must agree to take part

Question 9

2 disadvantages of Mediation

Answer 9

1. There is no guarantee there will be a resolution
2. It is voluntary which means they do not need to turn up, which may delay the resolution

Question 10

Define “Arbitration”

Answer 10

A dispute resolution involving an independent third party hearing both arguments in a dispute and determining a legally binding outcome, after deciding which party is more right.

Question 11

What are the similarities between Mediation and Arbitration?

Answer 11

1. Both are methods of dispute resolution and are included in the awards
2. They both usually involve Fair Work Commissions (FWC)
3. Both are used when the employer and employee are unable to resolve the dispute internally

Question 12

What are the different characteristics of Arbitration

Answer 12

1. Parties can be forced into arbitration
2. Formal procedures and acts more like a court
3. Decisions are legally enforceable