Chapter Six: The Human Resource Management Function - Employee Relations

Question 1

Employer

Answer 1

For legal purposes, a person or organisation who exercises control over employees, has responsibility for payment of wages and holds the power to dismiss employees.

Question 2

Employee

Answer 2

A worker under an employer’s control. Control may involve the location of the workplace, the way in which the work is performed or the degree of supervision involved. These criteria are critical in determining legal disputes over the employment contract.

Question 3

Trade unions

Answer 3

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

Organisations that represent and assist employer groups.

Question 5

Log of claims

Answer 5

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

Peak union body

Answer 6

A peak organisation or peak body is an Australian term for an advocacy group or trade association, an association of industries or groups with allied interests.

Question 7

Peak employer body

Answer 7

L

Question 8

Award

Answer 8

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

Question 9

Collective bargaining

Answer 9

A process that involves determining the terms and conditions of employment through direct negotiation between unions and employees.

Question 10

Wage indexation

Answer 10

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 11

Enterprise bargaining

Answer 11

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

Question 12

Centralised system

Answer 12

J

Question 13

Conciliation

Answer 13

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

Question 14

Arbitration

Answer 14

A process that 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 15

Collective/enterprise agreement

Answer 15

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

Question 16

Common law individual (employment) contract

Answer 16

A contract that covers those employees who are not under any Award or collective/enterprise agreement.

Question 17

Conflict

Answer 17

Disputes, disagreements or dissatisfaction between individuals and/or groups.

Question 18

Strike

Answer 18

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

Question 19

Lockout

Answer 19

The situation 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 20

Green bans

Answer 20

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

Question 21

Protected industrial action

Answer 21

Action taken by either party to a dispute that has been approved by the Fair Work Commision.

Question 22

Unprotected industrial action

Answer 22

Action that has not yet been approved by the Fair Work Commission.

Question 23

Negotiation

Answer 23

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

Question 24

Mediation

Answer 24

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 25

Grievance procedure

Answer 25

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

Question 26

Employee relations

Answer 26

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.