Chapter Six - HR - Employee Relations

Question 1

What is an Employer?

Answer 1

An employer, for legal purposes:

• exercises control over employees
• has responsibility for payment of wages
• holds the power to dismiss employees

Question 2

What is an Employee?

Answer 2

An employee 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
These criteria are critical in determining legal disputes over the employment contract.

Question 3

What are Trade Unions:

Answer 3

Trade unions are 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 4

What are Employer Associations?

Answer 4

Employer associations are organisations that represent and assist employer groups.

Question 5

What is a Log of Claims?

Answer 5

A log of claims is 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 6

What is an Award?

Answer 6

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

Question 7

What is Collective Bargaining?

Answer 7

Collective bargaining involves determining the terms and conditions of employment through direct negotiation between unions and employers.

Question 8

What is Wage Indexation?

Answer 8

Wage indexation is 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 9

What is Enterprise Bargaining?

Answer 9

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

Question 10

What is Conciliation?

Answer 10

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

Question 11

What is Arbitration?

Answer 11

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

Question 12

What is a Collective/Enterprise Agreement?

Answer 12

A collective/enterprise agreement is a negotiated agreement between an employer and a union or a group of employees.

Question 13

What is a Common Law Individual (employment) Contract?

Answer 13

A common law individual (employee) contract covers those employees who are not under any Award or collective/enterprise agreements.

Question 14

What is a Conflict?

Answer 14

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

Question 15

What is Strike?

Answer 15

A strike occurs when employees withdraw their labour for a period of time in pursuit of improvements in their employment conditions.

Question 16

What is a Lockout?

Answer 16

A lockout occurs 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 17

What are Green Bans?

Answer 17

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

Question 18

What is Protected Industrial Action?

Answer 18

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

Question 19

What is Unprotected Industrial Action?

Answer 19

Unprotected industrial action refers to action that has not been approved by the Fair Work Commission.

Question 20

What is Negociation?

Answer 20

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

Question 21

What is Mediation?

Answer 21

Mediation is 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 22

What is a Grievance Procedure?

Answer 22

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

Question 23

What is Employee Relations?

Answer 23

Employee relations refer to 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 24

What is a Peak Union Body?

Answer 24

Peak Union bodies are state and federal bodies that formulate and coordinate national union policies, and represent the union movement in courts and tribunals and in dealings with the government and other organisations.

Question 25

What are Peak Employer Bodies?

Answer 25

Peak employer bodies are state and federal bodies that represent employer associations in courts and tribunals and in dealings with the government and other organisations. They also formulate and coordinate policies for employer associations.

Question 26

What is a Centralised System?

Answer 26

Under the centralised system governments and their tribunals control the process of wage determination. All wages and conditions are formalised in Awards.

Question 27

What is a Decentralised System?

Answer 27

A decentralised system exists when employees are able to negotiate agreements with employers in individual workplaces. Under this system Awards act as a basic safety net with minimum standards.