Chapter Six – The Human Resource Management Function – Employee Relations

Question 1

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

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

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

Employer associations

Answer 4

Employer associations: are organisations that represent and assist employer groups.

Question 5

Peak Union body

Answer 5

formulates and coordinates national union policies, and represents the union movement in courts and tribunals and in dealings with government and other organisations. Peak Union bodies often assists in the settlement of disputes, particularly those involving large companies, or those in which a dispute in one business is likely to have an impact on other related businesses. It also campaigns politically on behalf of unions and their members.

Question 6

Peak employer body

Answer 6

These bodies perform a similar role for employers to that performed for unions by the peak union organisations at the state and federal level.

Question 7

Award

Answer 7

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

Question 8

Collective bargaining

Answer 8

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

Question 9

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

Centralised system

Answer 10

Under a centralised system, governments and their tribunals control the process of wage determination.

Question 11

Decentralise system

Answer 11

A decentralised system exists when employees are able to negotiate agreements with employers in individual workplaces.

Question 12

Conciliation

Answer 12

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

Question 13

Arbitration

Answer 13

Arbitration: 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 14

Collective agreement or enterprise agreement

Answer 14

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

Question 15

Common law individual contract

Answer 15

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

Question 16

Strike

Answer 16

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

Question 17

Protected industrial action

Answer 17

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

Question 18

Unprotected industrial action

Answer 18

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

Question 19

Negotiation

Answer 19

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 20

Mediation

Answer 20

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 21

Grievance procedures

Answer 21

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 22

Employee relations

Answer 22

Employee relations: refers 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 23

Planning

Answer 23

Is the process of defining objectives and determining methods or strategies that will be used to achieve those objectives

Question 24

Organising

Answer 24

Is the process of arranging recourses (including people) and tasks to achieve objectives

Question 25

Leading

Answer 25

Is the process of influencing or motivating people to work towards the achievement of organisation’s objectives.

Question 26

Controlling

Answer 26

Is the process of evaluating performance and taking corrective action toe sure that the set objectives are achieved