A2-Dispute Reolutions

Question 1

Role of the FWC

Answer 1

All enterprise agreements must contain dispute resolution procedures to gain the approval of the FWC.

If the relationship between employee and employer is hostile, then these procedures are likely to be very formal, strict

If the relationship is positive then the dispute can often be resolved between employee representatives and HRM without the involvement of third parties.

Question 2

Dispute

Answer 2

a result of disagreements or dissatisfaction between individuals and/or groups

Main causes of disputes:
-Remuneration (salary, entitlements, superannuation)
-Employment conditions (leave, benefits etc)
-Other agreement-related matters
-OH&S
-Job security

Question 3

Industrial action

Answer 3

-Strike: withdrawal of labour for a period of time

-Lock-out: employers close the workplace for a period time

-Picket lines, absenteeism

Question 4

Protected action

Answer 4

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

Question 5

Unprotected action

Answer 5

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

Question 6

Dispute resolution process

Answer 6

listening to staff
Negotiating
Motivation
Conciliation
Arbitration

Question 7

Dispute resolution process- Negotiation

Answer 7

a method of resolving disputes whereby discussions between the parties result in a compromise and a formal or informal agreement about a dispute

-Effective when the manager uses consultative/participative management style and possesses skills including interpersonal & communication

-Successful negation = all parties feeling optimistic about the decision and committed to the outcome

Question 8

Dispute of resolutions: Mediation

Answer 8

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

-The third party may be either independent or agreed upon by the key parties.

Question 9

Advantages of Mediation

Answer 9

-the disputing parties come to their own resolutions. More likely to accept the outcome
-help maintain positive relationships
-both parties have the opportunity to communicate

Question 10

Disadvantage of Mediation

Answer 10

-there is no guarantee there will be a resolution
-Outcomes form mediation may not be legally binding, ALLOWING A CHANGE OF MIND AFTERWARDS

-its voluntary which means they do not need to turn up, relying the resolution

Question 11

Dispute of resolutions: Arbitration

Answer 11

a means of dispute resolution involving an independent third party (such as a commissioner of the Fair Work Commission) hearing both arguments in a dispute and determining the outcome

it determines which party is more right and makes a binding decision

Question 12

Advantages of Arbitration

Answer 12

• a resolution is guaranteed
  -uaslly an efficient process where a decision will be made relatively quickly
  -it is compulsory to attend
  -the decision is legally binding- they cannot change their minds afterwards

Question 13

Disadvantages of Arbitration

Answer 13

-No control over the resolution which may result in one or both parties being unhappy with the outcome.
-often more expensive

Question 14

Dispute resolution at the FWC

Answer 14

FWC resolves workplace disputes via conciliation, mediation and, in some cases, arbitration.

Question 15

Dispute resolution at the FWC:
Conciliation

Answer 15

a process that occurs when a third party participates in the resolution of a dispute and attempts to resolve the differences through discussion

Question 16

Arbitration at the FWC

Answer 16

Involves a tribunal member considering the arguments of each side and making a decision that resolves the dispute.

FWC may arbitrate a dispute where it is authorised to do so under an enterprise agreement or where an employee has been unfairly dismissed.

Question 17

Similarities mediation and arbitration

Answer 17

1.Both are included in awards and EA as methods of resolving disputes

2.Both usually involve the FWC

3.Both mean that the employer and employee were unable to resolve the dispute internally

Question 18

Differences of Mediation and Arbitration

Answer 18

Mediation
- Voluntary= employers and employees must agree to take part
-Informal= More relaxed and less confrontational
-Mediators try to help employers and employees reach a mutually acceptable solution
-a quick and cheap way of resolving disputes

Arbitration
-Parties can be forced into arbitration
-Formal=operate more like a court
-After listening to both sides the FWC itself will make a decisions
-decisions are legally enforceable
-Longer and more expensive way of resolving disputes.lawyers will be involved and the resolution process often takes weeks or months.