dispute resolutions

Question 1

what is the role of FWC?

Answer 1

All enterprise agreement must contain a dispute resolution procedures to have the approval of the FWC

Question 2

what is a dispute? and what are the main causes of disputes

Answer 2

• a result of disagreements or dissatisfaction between individuals and/or groups

main causes:
- remuneration (salary, entitlements, superannuation)
- employement conditions (leave, benefits)
- other agreement related matters
- OH&S
- job security

Question 3

what are examples of industrial actions?

Answer 3

-strike: withdrawal of labout
lock-out: employers close the workplace for a period of time
picket lines, absenteeism

Question 4

what is protected action?

Answer 4

• action taken by either party to a dispute that has been approved by the FWC

Question 5

what is unprotected action?

Answer 5

• action that takes place before the expiry date of the previous agreement, without proper warning

Question 7

what is negotiation? and when is it effective?

Answer 7

• a discussion between the parties to compromise certain conditions.

this is effective when a manager uses consultative/participative management styler and possess interpersonal and communication skills

Question 8

what is mediation?

Answer 8

a 3rd party mediates the discussion between the parties and makes sure they are trying to come to a resolution, they do not offer suggestions or solutions.
a 3rd party could be the FWC

Question 9

what are the advantages of mediation?

Answer 9

• parties are more accepting of the outcome
• helps maintains positive relationships
• cost effective
• both parties have the opportunity to communicate

Question 10

what are disadvantages of mediation?

Answer 10

• not legally binding
• no guarantee of resolution
• voluntary, so they do not need to attend, delaying any resolution

Question 11

what about arbitration?

Answer 11

• when a 3rd party hears both parties’ arguments and determine the outcome, this is a legally binding decision

Question 12

what are the advantages of arbitration?

Answer 12

• resolution is guaranteed
• efficient process
• it is complusory to attend
• legally binding

Question 13

what are the disadvantages of arbitration?

Answer 13

• no control over the resolution creating unhappiness for the party/ies
• expensive

Question 14

what is the dispute resolution at the FWC?

Answer 14

• they resolve workplace disputes via mediation, concilliation and arbitration

Question 15

what is concilliation?

Answer 15

when a 3rd party participates in the resolution of a dispute and attempts to resolve the differences through discussion

Question 16

what is arbitration at FWC?

Answer 16

involves a tribunal member considering arguments of both parties and making a resolution

Question 17

what are similarities between mediation and arbitration?

Answer 17

1. both are included in awards and EA as methods of dispute resolution
2. both involve the FWC
3. both mean that the empoyer and employee were unable to resolve the dispute internally

Question 18

what are the differences between mediation and arbitration?

Answer 18

mediation:
-voluntary and outcomes are not legally enforceable and cost effective

arbitration:
- legally enforceable and longer and expensive and parties are forced into arbitration