C Workplace Agreements Flashcards
What are the 3 types of agreements that currently exist in our decentralised system
Awards
Collective agreements
Individual contracts
Awards
Even though enterprise bargaining exists in a decentralised approach awards have never been abolished. Awards set the minimum standards for wages and employment conditions in a particular industry. This acts as a safety net for employees. In most cases, employees have been able to negotiate for conditions above the award through enterprise bargaining but awards still exist as a safety net.
Collective/enterprise agreement
A contract between an employer and a group of employees. There is often a union that represents employees in a negotiation. Collective agreement cannot go below the award. They normally last 3 years and must include an expiry date as well as a procedure for disputed resolution. Both parties should negotiate in good faith. Once both parties have agreed it is then sent to fair work commission for approval.
Individual agreements
A common law individual (employment) contract covers employees who are not under any award or collective/enterprise agreements, it is used by employees who earn more than $133,000. They are most common among professional and managerial employees. Such contracts are signed individually and are secret; that is, not open to public scrutiny
NES
The national employment standards are 10 minimum employment entitlements that have to be provided to all employees in Australia. An award or enterprise agreement cannot provide conditions that are less than the NES and cannot exclude the NES.
The ten NES
Maximum weekly hours Requests for flexible working arrangements Parental leave Annual leave Personal cares leave and compassionate leave Community service leave Long service leave Public holidays Notice of termination and redundancy pay Fair work information statement
2 pros of awards
industry-wide, multi-employer awards give a “level playing field” for employment conditions.
employers and employees may be more comfortable with regulation by an award than an agreement as awards do not require any bargaining skills.
2 cons of awards
less flexibility to cater for requirements of individual workplaces and employees.
unions can set and drive the industry agenda.
2 pros of collective agreements
greater flexibility - matters peculiar to individual workplaces can be catered for
It is easier to link wage growth with productivity increases
2 cons of collective agreements
it is more time-consuming to negotiate awards handled outside the workplace.
generally more expensive to implement than awards.
2 pros of individual agreements
can provide specific employee rewards without setting precedents for other employees.
can focus on enterprise specific employment conditions
2 cons of individual agreements
considerable incentives may be required to encourage employees to opt out of the award and enterprise agreement system, eg. against the wishes of the employee’s union.
generally very time-consuming and resource intensive - a single document is required for every employee
Describe the role of fair work Australia in terms of resolving industrial conflict
The Fair Work Commission is the national independent workplace relations tribunal and can help parties resolve workplace disputes in a variety of ways, particularly through conciliation, mediation and, in some cases, arbitration.
Analyse and evaluate whether satisfactorily negotiating and adopting an enterprise agreement can achieve the objectives of both the business and its workers-that is, a business’s objective is to increase it’s productivity levels and the employees objective is to achieve better pay and flexible working conditions.
A collective or enterprise agreement is a contract between an employer and a group of employees. There is often a union that represents employees in a negotiation. Collective agreement cannot go below the award. They normally last 3 years and must include an expiry date as well as a procedure for disputed resolution. Both parties should negotiate in good faith. Once both parties have agreed it is then sent to fair work commission for approval. Using a collective agreement makes it easier to link wage growth with productivity increases. This can be done by part of the agreement being the more productive an employee is, the more pay and benefits such as flexible working conditions they will receive. This helps the organisation achieve its objective of increased productivity levels and the employees objective of better pay and working conditions.
Explain collective agreements and outline the role of a ham in a decentralised approach to employee relations.
A collective agreement is a workplace agreement made between a human resource manager and a group of employees. It is a result of enterprise bargaining and contains information on the pa and working conditions employees will receive. There is some union involvement as the unions usually represent employees when negotiating agreements. The fair work commission also needs to approve the agreement before it can be implemented.
The role of a ham in a decentralised system us to negotiate agreements, implement agreements and resolve disputes. HRMs need to negotiate agreements with employees and ensure both employer and employees are happy with agreements. They need to then implement the agreements which can involve training staff on any changes made and ensuring employees receive the correct pay changes. They also have to resolve disputes as these can halt productivity and a HRM needs to ensure that employees are working productively so that they can help the organisation achieve objectives.
