kk10 Flashcards
Mediation
A dispute resolution method where an independent third party will aim to facilitate the conversation between the two disputing parties, letting them come to their own decision.
Dispute
A dispute is a disagreement or dissatisfaction between the
individuals and / or groups based on a specific workplace
agreement involving entitlements (working conditions and
wages / salaries).
Industrial action
It is a form of protest where the employees or employer take certain actions to increase their bargaining power. Each withdrawal or refusal is made to enforce a demand, resist a demand or express a grievance.
Strike (industrial action)
Strike - occurs when the employees withdraw their labour for a period of time in pursuit of improvements in their employment conditions.
Dispute resolution process
negotiating -> Mediation -> Conciliation -> arbitration
Lockouts
occurs when the employers close the workplace for a period of time as a means of applying pressure to
employees during a period of industrial conflict.
Work-to-rule
In this action, employees refuse to perform any duties that are additional to the work they normally are required to perform.
Arbitration
Where the disputing parties present their arguments and an independent third party makes a legally binding final decision on the outcome.
Advantages to arbitration
- There is a guaranteed outcome to the dispute
- The outcome is legally binding -> neither party can change mind
- Process of coming to an outcome is often quicker than mediation -> an end to the dispute relatively quickly
disadvantages to arbitration
- Often more expensive than mediation
- Decision is taken away from disputing parties -> one or more parties becoming unhappy with the outcome
- Relationship may be harmed during the process
Mediation +
Two disputing parties come to their own agreement -> more likely that both parties will be happy with the outcome
- Relatively low cost due to occurring in an informal setting -> most cost-effective dispute resolution options
- Relationships can be maintained as the disputing parties work together on a solution
Mediation -
There is no guarantee that a resolution will be achieved -> the dispute is ongoing and may lead to arbitration
Decisions are not legally binding -> if an agreement is made, the party does not need to honour the resolution if they change their mind
One party may have more power -> the resolution is unfair without intervention to reduce the power imbalance
Disputes may occur for a variety of reasons
Wages
Hours of work or other conditions
OH & S concerns
Job security
disciplinary action
Manager or employee treatment
Dispute resolution in Award
FWA 2009 requires all modern awards include a term which sets out a procedure for reducing disputes between employers and employees.
Dispute resolution in enterprise agreement
When making an Enterprise Agreement, the Fair Works Act 2009 requires the parties to include a dispute resolution clause. EA lodged with the FWC without such a clause will not be spproved.
