Chapter 6 - Employee Relations

Question 1

An EMPLOYER, for legal purposes:

Answer 1

A person or organisation who:
•exercises control over employees
•has responsibility for payment of wages
•holds the power to dismiss employees

Question 2

EMPLOYEE RELATIONS

Answer 2

The total interaction that occurs between an employer (and their representatives) and the employee (and their representatives) in regard to the establishment of conditions of employment.

Question 3

An EMPLOYEE

Answer 3

Is a worker under an employer’s control. Control may involve:
•the location of the workplace
•the way in which the work is performed
•the degree of supervision involved

Question 4

TRADE UNIONS

Answer 4

Organisations formed by employees in an industry, trade or occupation to represent them in efforts to improve wages and the working conditions of their members.

Question 5

EMPLOYER ASSOCIATIONS

Answer 5

Organisations that represent and assist employer groups.

e.g. Aus Retailers Association, Master Builders Association

Question 6

LOG OF CLAIMS

Answer 6

A list of demands made by workers (often through their union) against their employers. These demands cover specific wages and conditions. Employers may also serve a counter-log of claims on the Union.

Question 7

CONCILIATION

Answer 7

Occurs when a third party participates in the resolution of a dispute and attempts to help resolve the differences through discussion.

Question 8

ARBITRATION

Answer 8

Occurs when a ‘judge’ (such as a commissioner of the Fair Work Commission) or a panel of ‘judges’ hears both arguments in a dispute in a more formal court-like setting and determines the outcome.

Question 9

COLLECTIVE/ENTERPRISE AGREEMENT

Answer 9

A negotiated agreement between an employer and a union or a group of employees.

Question 10

COMMON LAW INDIVIDUAL (EMPLOYMENT) CONTRACT

Answer 10

Covers those employees who are not under any Award or collective/enterprise agreements.

Question 11

CONFLICT

Answer 11

Refers to disputes, disagreements or dissatisfaction between individuals and/or groups.

Question 12

STRIKE

Answer 12

When employees withdraw their labour for a period of time in pursuit of improvements in their employment conditions.

Question 13

LOCKOUT

Answer 13

When employers close the workplace for a period of time as a means of applying pressure to employees during a period of industrial conflict.

Question 14

GREEN BANS

Answer 14

Bans imposed by trade unions on any development that is considered harmful to the environment or an area of historical significance.

Question 15

PROTECTED INDUSTRIAL ACTION

Answer 15

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

Question 16

UNPROTECTED INDUSTRIAL ACTION

Answer 16

Refers to action that has not been approved by the Fair Work Commission.

Question 17

NEGOTIATION

Answer 17

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

Question 18

MEDIATION

Answer 18

The confidential discussion of issues in a non-threatening environment, in the presence of a neutral, objective third party. Many organisations now specify mediation as a first step in their dispute resolution or grievance procedures.

Question 19

GRIEVANCE PROCEDURE

Answer 19

Provides an orderly system whereby the employee and employer can resolve matters relating to complaints about wages, hours, working conditions or disciplinary action.

Question 20

AWARD

Answer 20

A legally binding agreement that sets out minimum wages and conditions for a group of employees.

Question 21

COLLECTIVE BARGAINING

Answer 21

Involves determining the terms and conditions of employment through direct negotiation between unions and employers.

Question 22

WAGE INDEXATION

Answer 22

A process whereby wage increases are given by a tribunal in national wage cases, in line with increases in the cost of living (prices).

Question 23

ENTERPRISE BARGAINING

Answer 23

The process of directly negotiating wages and employment conditions between employers and employees at the enterprise level.

Question 24

What is the ROLE of HR managers in ER under a DECENTRALISED APPROACH?

Answer 24

Dealing with disputes and conflict.
Implementing agreements.
Negotiating employment agreements.
Training other managers and supervisors.