Workplace relations Flashcards
what is workplace relations
Is concerned with the working relationship between employer and employee in relation to the establishment of wages and conditions of employment as well as resolving workplace grievances.
who participates in workplace relations
Employees
Unions
Human Resource Managers
Employer Associations
Fair Work Commission
who are employees
Employees are those individuals who perform the core
functions/activities of the business and expect fair pay and
working conditions as a reward for their efforts.
what are unions
A union is an organisation formed to represent and protect the rights of workers in relation to their pay and conditions in a particular industry.
who is human resource manager
the Human Resource Manager is the person directly responsible to represent management in relation to building positive relationships, motivating,
training, establishing fair pay and conditions for employees in order to achieve business objectives.
what are employer associations
Employer associations are groups of employers who unite to provide a range of advice to employers and represent their interests on employee relations issues.
what is the fair work commission
The Fair Work Commission exists to ensure that the rights and
responsibilities of employers and employees is enforced and has the power to make legally binding decisions and orders relating to workplace relations.
how can Employees wages and conditions be determined
An award (modern awards)
agreement
Individual employment contract
what are awards
legally binding minimum requirements for wages and conditions covering an entire industry and are administered by the fair work commission
what are agreements
the outcomes of the enterprise bargaining process and are the finished, legally binding document covering the pay and conditions agreed upon by workers/unions and management within a workplace
advantages of awards
Wage consistency for workers are benefits of awards because all workers in an industry experience the same wages and conditions . Awards are easy to implement and easy for HRM.
Disadvantages of awards
Less flexibility of awards as they are designed for an entire industry, which could disadvantage smaller or
isolated businesses who cannot afford large pay increases negotiated by powerful unions.
Strike action needs fair work commision approval
advantages of agreements
Pay and conditions suit the individual business.
Employees are protected because they must be BOOT (better off overall) so that business gains productivity
disadvantages of agreements
HRM workload is increased (negotiation, relationships, legal knowledge)
Lost productivity and conflict during negotiations
Similarities between awards and agreements
Both awards and agreements are protected by the existence of the 11 National Employment Standards which provides a safety net for employees. (No employer can provide wages/conditions below those
set out in the NES).
Both awards and agreements allow an employee the opportunity to challenge unjust or unreasonable treatment by an employer using both internal and external dispute resolution processes.
Differences between awards and agreements
awards are settled externally and agreements are settled at the workplace (internally).
awards involve external stakeholders and agreements involve internal stakeholders
what is mediation
Mediation is a process that occurs when a neutral third
party acting as a facilitator, encourages the parties to
come to their own resolution of a dispute and attempts to resolve the differences over pay or conditions through a discussion allowing the parties to come to an agreement by compromise. If agreement occurs, the outcome is legally binding. Attempts a WIN/WIN
SITUATION
what is arbitration
Arbitration is a method of dispute resolution where an
independent third party arbitrator(such as a
commissioner of the Fair Work Commission) listens to both sides, hearing evidence of a dispute and then makes a legally binding decision in favour of one of the parties. Results in a WIN/LOSE SITUATION.
advantages of mediation
Discuss Mediation
One advantage of mediation is that a neutral third party encourages the parties
to come to their own resolution of a dispute over pay or conditions through a discussion increasing the chances of the parties coming to an agreement by compromise.
Another advantage of mediation is that the mediation can be less formal and can be conducted at the workplace where the mediator might attend
negotiations or at an independent location at a lower cost than formalised
court proceedings.
disadvantages of mediation
One disadvantage of mediation is that the mediator may not be able to get both parties to compromise and therefore there may not be an outcome which
is a waste of time as the dispute then needs to progress to arbitration. Another disadvantage is that the outcome of mediation is legally binding so if one party felt pressured during negotiations to compromise, they may still feel
that the outcome was unfair.
advantages of arbitration
One advantage of arbitration is that an independent third party
arbitrator listens to both sides so both parties feel that their arguments are heard and that the system when judged should be fair.
Another advantage is that after hearing evidence of a dispute,
arbitration concludes with a legally binding decision in favour of one of the parties which should finally resolve the dispute.
disadvantages of arbitration
One disadvantage of arbitration is that it is more formalised and costly than mediation and therefore more intimidating for both parties to participate in.
Another disadvantage is that arbitration results in a win/loss situation.
