IMPLEMENT INDUSTRIAL RELATIONS PROCEDURES FACILITATOR MANUAL & ASSESSMENT BSBWRK410A

Transcription

1 IMPLEMENT INDUSTRIAL RELATIONS PROCEDURES FACILITATOR MANUAL & ASSESSMENT BSBWRK410A

2 Precision Group (Australia) Pty Ltd 9 Koppen Tce, Cairns, QLD, info@precisiongroup.com.au Website: BSBWRK410A Implement Industrial Relations Procedures ISBN: Copyright Notice No part of this book may be reproduced in any form or by any means, electronic or mechanical, including photocopying or recording, or by an information retrieval system without written permission from Precision Group (Australia) Pty Ltd. Legal action may be taken against any person who infringes their copyright through unauthorised copying. These terms are subject to the conditions prescribed under the Australian Copyright Act Copying for Educational Purposes The Australian Copyright Act 1968 allows 10% of this book to be copied by any educational institute for educational purposes, provided that the institute (or the body that administers it) has given a remuneration notice to the Copyright Agency Limited (CAL) under the Act. For more information, info@copyright. com.au or visit for other contact details. Disclaimer Precision Group has made a great effort to ensure that this material is free from error or omissions. However, you should conduct your own enquiries and seek professional advice before relying on any fact, statement or matter contained in this book. Precision Group (Australia) Pty Ltd is not responsible for any injury, loss or damage as a result of material included or omitted from this material. Information in this course material is current at the time of publication.

3 Table of Contents 2 Legend 3 Qualification Pathways 4 Qualification Rules 5 Introduction 7 BSBWRK410A/01 Communicate and Implement Organisation s Industrial Relations Policies and Procedures Key Points Source and disseminate relevant legislation, agreements, policies and procedures to all relevant persons and groups Implement agreements, policies and procedures in accordance with site, enterprise and statutory requirements Develop strategies to effectively communicate with relevant persons and groups on industrial relations matters Promote the organisation s industrial relations procedures to relevant persons and groups Represent the organisation appropriately in discussions with key stakeholders 21 True or False Quiz 23 BSBWRK410A/02 Assist in Minimising Industrial Relations Conflict Key Points Monitor the implementation of industrial relations policies and procedures Process and report to management on potential industrial relations conflicts Prepare and forward documentation to management and other relevant parties about potential industrial relations conflicts Work in conjunction with managers to contain industrial relations conflicts Work with employees to resolve personal grievances and to prevent escalation of industrial relations conflicts 31 True or False Quiz 33 BSBWRK410A/03 Enhance Industrial Relations Key Points Trial and implement strategies to monitor the implementation of the organisation s industrial relations policies and procedures Implement strategies to facilitate feedback on the industrial climate Implement strategies to strengthen relationships with relevant persons and groups Provide information and feedback to management on industrial relations Provide information and advice to relevant persons and groups 39 True or False Quiz 40 Summary 41 Bibliography 43 Assessment Pack 1

4 Use considered risk taking in your grey area...and others will follow you! Legend This symbol indicates the beginning of new content. The bold title matches the content of the competency and they will help you to find the section to reference for your assessment activities. Activity: Whenever you see this symbol, there is an activity to carry out which has been designed to help reinforce the learning about the topic and take some action. This symbol is used at the end of a section to indicate the summary key points of the previous section. This symbol is used to indicate an answer to the Candidate s questions or notes to assist the Facilitator. 2

5 Qualification Pathways There are always two choices. Two paths to take. One is easy. And its only reward is that it s easy. Source Unknown This unit of competency is provided to meet the requirements of BSB07 Business Services Training Package although it can be used in a range of different qualifications. The BSB07 Business Services Training Package does not state how a qualification is to be achieved. Rather, Registered Training Organisations are required to use the qualification rules to ensure the needs of the learner and business customer are met. This is to be achieved through the development of effective learning programs delivered in an order that meets the stated needs of nominated Candidates and business customers. 3

6 Qualification Rules You re either part of the solution or part of the problem. Eldridge Cleaver Qualification requirements include core and elective units. The unit mix is determined by specific unit of competency requirements which are stated in the qualification description. Registered Training Organisations then work with learners and business customers to select elective units relevant to the work outcome, local industry requirements and the qualification level. All vocational education qualifications must lead to a work outcome. BSB07 Business Services Training Package qualifications allow for Registered Training Organisations (RTOs) to vary programs to meet: Specific needs of a business or group of businesses. Skill needs of a locality or a particular industry application of business skills. Maximum employability of a group of students or an individual. When packaging a qualification elective units are to be selected from an equivalent level qualification unless otherwise stated. 4

7 Introduction Whether as an individual, or as part of a group, real progress depends on entering whole-heartedly into the process and being motivated to make you a more deeply satisfied human being. Source Unknown This unit of competency is all about being able to develop and manage industrial relations in your workplace. It will help you with the skills you need to demonstrate competency for the unit BSBWRK410A Implement Industrial Relations Procedures. This is one of the units that make up Certificates in Business. This manual is broken up into three distinct sections. They are: 1. Communicate and Implement Organisation s Industrial Relations Policies and Procedures 2. Assist in Minimising Industrial Relations Conflict 3. Enhance Industrial Relations At the conclusion of this training you will be asked to complete an Assessment Pack for this unit of competency. The information contained in this resource will assist you to complete this task. On competent completion of the assessment, you will have demonstrated your ability to represent the organisation/employer in dealing with industrial relations matters in the workplace. 5

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9 PART 1: Communicate and Implement Organisation s Industrial Relations Policies and Procedures Key Points Section 1 Ensure that you are able to source and disseminate relevant legislation, agreements, policies and procedures as required. Implement agreements, policies, and procedures in line with requirements. Develop strategies that communicate these to all appropriate personnel. Promote the organisation s industrial relations procedures to all personnel as required. Represent the organisation appropriately. 7

10 Industrial Relations Policy This manual will consider Industrial Relations in the workplace. The field of industrial relations looks at the relationship between management and workers, particularly groups of workers represented by a union. Industrial Relations is an area where there is a considerable amount of Policy, legislation and regulation. For this reason, we will begin this manual with a consideration of the various legislation, agreements, policies and procedures. The all encompassing piece of legislation covering Industrial Relations in Australia was The Workplace Relations Act 1996, as amended by the Workplace Relations Amendment Act 2005, or what was known as Work Choices. The new Labor Government committed itself to making comprehensive changes to the way in which workplace relations was governed. Later in this unit we will look at the new legislation, The Fair Work Act 2009, and how it will impact all employers. But we will begin by looking at EEO and diversity. EEO Equal Employment Opportunity Act 1987 is the legislation governing entitlement to equal access to jobs and the benefits associated to them essentially everyone should be equal. It aims to ensure fair and equitable outcomes in all areas of employment which relate to the way staff are recruited, selected, trained and managed. Equal Employment Opportunity is about: Ensuring that decisions made are not related to differences among employees; Encouraging fair practices; Making sure skilled staff stay with the business; Ensuring training is based on the needs of customers and employees; Ensuring there is no harassment in the workplace; Eliminating discrimination; Recruitment being based on ensuring the best employee is recruited; and Ensuring that business respects and recognises all cultural backgrounds. To this end, a number of pieces of legislation have been put in place that make it illegal to discriminate on the grounds of race, colour, descent or national or ethnic origin (under the Commonwealth Racial Discrimination Act 1975) and sex, marital status and pregnancy ( under the Commonwealth Sex Discrimination Act 1984). Diversity Both Federal and State law make provision for equal employment opportunity, antidiscrimination, and workplace and sexual harassment. The key pieces of legislation in this regard are listed overleaf. 8

11 Commonwealth Laws Disability Discrimination Act 1992 Racial Discrimination Act 1975 Sex Discrimination Act 1984 Age Discrimination Act 2004 Human Rights and Equal Opportunity Commission Act 1986 State Laws Australian Capital Territory Discrimination Act 1991 (ACT) New South Wales Anti-Discrimination Act 1977 (NSW) Northern Territory Anti-Discrimination Act 1996 (NT) Queensland Anti-Discrimination Act 1991 (QLD) South Australia Equal Opportunity Act 1984 (SA) Tasmania Anti-Discrimination Act 1998 (TAS) Victoria Equal Opportunity Act 1995 (VIC) Western Australia Equal Opportunity Act 1984 (WA) The website listed below has a good summary of the provisions of each of these laws, as well as how to make complaints under them. You can view each piece of legislation, in its entirety, at Paid Parental Leave Scheme Under the terms of the Fair Work Act 2009, work/life balance has been emphasised. Specifically, there is the right to request a further 12 month extension beyond the current 12 months of unpaid parental leave. The Australian Government will introduce a comprehensive Paid Parental Leave (PPL) scheme for new parents who are the primary carers of a child born or adopted on or after 1 January To be eligible for Paid Parental Leave, a person must: Be the primary carer of a child born or adopted on or after 1 January 2011; Be the mother of the newborn child or the parent of the adopted child*; Be in paid work* and have: been engaged in work continuously for at least 10 out of the 13 months prior to the birth or adoption of the child; and worked at least 330 hours in the 10 month period (an average of around one day of paid work per week); 9

12 Not have worked between the date of birth or adoption of the child and their nominated start date for Paid Parental Leave; and Have an adjusted taxable income of $150,000 or less in the financial year prior to the date of birth or adoption of the child or the date of their claim, whichever is earlier. Fair Work Act 2009 This legislation came into affect on 1 July 2009 and allows that any employee, who is not covered by a state award or agreement, is free to negotiate most of the terms and conditions of their employment contract with their employers provided that the minimum requirements set in the Fair Work Act 2009 are met. The Australian Government has established an independent umpire, Fair Work Australia, to oversee the new workplace relations system. The new workplace relations system will provide a strong safety net for employees that cannot be stripped away. The safety net comprises two parts, the 10 National Employment Standards (NES) and new modern awards. The safety net will apply to all employees in the federal system from 1 January Fair Work Australia, the new industrial umpire, will also set minimum wages for award and agreementfree employees through a national minimum wage order. The National Employment Standards are made up of 10 legislated employment conditions covering essential conditions such as maximum weekly hours of work, leave, public holidays, notice of termination and redundancy pay and the right to request flexible working arrangements. The Awards are being modernised to create new, simpler industry or occupation-based conditions that will streamline and simplify thousands of awards. Collective bargaining will be in the form of an enterprise agreement and will be made between an employer and some or all of their employees. Where an employer refuses to bargain and there is either no existing agreement in place, or it is within 90 days of the nominal expiry date of an existing agreement, an employee bargaining representative can ask Fair Work Australia to determine if there is majority employee support for negotiating an enterprise agreement. If Fair Work Australia determines there is majority support, the employer must bargain collectively with the relevant employees in good faith. Both union and non-union agreements are considered the same under the new system. Employees can nominate who will represent them in bargaining and their employer must respect their choice. Employers are required to notify their employees of their right to representation. Employees who are union members will automatically be represented by their union, unless they elect to appoint another person as their representative or revoke the union s status as their representative. 10

13 The Fair Work Act details the requirements for bargaining between bargaining representatives and employers. If the requirements are not met, Fair Work Australia has the power to make an order to ensure compliance. These requirements do not force either side to make concessions or reach agreement on terms to be included in their agreement. If there are serious and ongoing breaches of the bargaining orders, and these undermine the bargaining, the bargaining representative can apply to Fair Work Australia for a serious breach declaration. If a declaration is made by Fair Work Australia and the bargaining representatives have still not reached an agreement within 21 days, Fair Work Australia can make a determination to resolve the matters that are disagreed. A contract of employment must have certain requirements to make it legally binding. These include: Offer and Acceptance: Offer and acceptance are central to all contracts. An offer of employment must be made by the employer to the employee and the terms of that offer must be made known to the person to whom it is made before or at the time the offer is accepted. This means that the offer must include details of all entitlements. There is no requirement for the offer to remain on the table permanently, it may be withdrawn at any time especially when a time limit for acceptance has been given. Once the offer is accepted, it becomes legally binding. Consideration: A legally enforceable contract must contain an element of consideration. Generally speaking, the consideration given for an employment contract is payment for the work completed. Consideration may also be provided by fringe benefits such as the use of a company car. Mackay s Moral: You can win more friends with your ears than with your mouth. Harvey Mackay 11

14 Intention to Create a Legal Relationship: Essentially, this legal term means that the employer and employee must intend to create the legal relationship. Capacity: In order for a contract to be legally binding, the people entering into the employment contract must have legal capacity to do so. There are some groups that have limited capacity, such as those under 18 years, those who are bankrupt and those who have mental disorders. OHS Policy and Procedure Here in Australia, we have a set of Health and Safety laws that aim to give everyone who works the same basic rights with regard to the environment within which they work. Essentially we all have the right to be in a workplace that will not endanger our safety in any way. Before we move on to the specifics of the legislation, let s examine the overall structure of the legislative framework. ACTS Set overall principles & philosophy REGULATIONS Expand on particular issues from the Act CODE OF PRACTICE Practical guidelines for putting regulations into effec t STANDARDS Provide details We have already outlined the fact that as an employee or manager you have a number of obligations that you will be required to meet under Health and Safety legislation. But what legislation are we talking about? Here in Australia, the legislation that covers Health and Safety in the workplace is both state and territory based. In general this means that each state or territory has its own Health and Safety legislation. For the most part - the differences between each are minor and in this manual we will focus on the general themes that are present in each state s legislation - which are for the most part quite similar. It should be noted that there is a national piece of legislation that covers all staff that are working for the Commonwealth no matter which state they are working in. As we previously mentioned, there is not just one piece of legislation covering Health and Safety in Australia - rather each state and territory has its own piece of law covering the subject in the form of its own Occupational Health and Safety Act. The acts of each State are: 12

15 LEGISLATION Work Health Amendment Act 2007 Workplace Health and Safety Act 1995 Workplace Health and Safety Act 1995 Occupational Health and Safety Act 2000 Health and Safety Act 2004 Occupational Safety, Heath and Welfare Act 1986 Occupational Health and Safety Act 1985 Occupational Health and Safety Act 1984 STATE Northern Territory Queensland Tasmania ACT New South Wales South Australia Victoria Western Australia Reasonable adjustments for workers with a disability Disability is very broadly thought of as being any physical, sensory, intellectual, psychiatric or learning disability, and may include physical disfigurement, the presence in the body of disease-causing organisms and total or partial loss of part of the body or a bodily function. It also includes a temporary, permanent, current, past or future disability. Under the Disability Discrimination Act 1992, reasonable adjustment to a workplace means changing some feature of the workplace so that individuals who have any form of disability mentioned above can do their work more effectively. This could mean looking at more flexible working arrangements, improving work systems, adding new machinery, redesigning jobs or any other alteration that makes work easier for those with disabilities. The principle of reasonable adjustment will affect decisions made in all areas of employment. Because it encourages creative thinking in redesigning jobs and processes it can in fact improve conditions for everyone employed within a business. Industrial Relations Policy Industrial Relations is thought to be any policy or practice concerned with the management and regulation of the relationship between an organisation and its employees. The industrial relations section of the Human Resources Department is responsible for liaison with employee representative bodies such as unions, monitoring procedures, and developing proposals for management s consideration. Objectives of the Strategy and Policy Sound employee relations are based on: A commitment and motivation to look after all employees. A safe working environment. Mechanisms being in place for both communication and participation. 13

16 Accordingly, an organisation s policies and practice are aimed at: Promoting channels of communication between employees and the organisation. Eliminating conflict and where possible anticipating it. Encouraging employees to seek help with any concerns and conflicts. Providing for conflict resolution. Employee Representation A sound policy and strategy should recognise the principle of freedom of association. That is, if an organisation s staff members choose to have a trade union represent them, your organisation should make arrangements for recognition, collective bargaining and dispute resolution. All employees are required to have the right to join the representative body of their choice. Employees are required to have freedom of association under current legislation. Employees, however, should also have the right not to belong to a union should they wish and in these cases negotiation between employee and employer may commence. A typical section in your policy may state something along the lines of: At the time of writing there are two staff bodies which are recognised unions: 1. The National Education, Health and Allied Workers Union (NEHAWU) representing, at present, all administrative and support staff in pay classes The Widget Employees Union representing, at present, all staff in pay classes 5-12, excluding certain management positions. Victimisation/Coercion An industrial relation s policy should also outline how your employees are treated within the workplace - particularly in relation to how they are treated because of their membership of a representative body. Such a section may be along the lines of: No employee shall be victimised by [name of business] management as a result of his/ her membership of a representative body. The organisation will protect all employees from being coerced into membership of any union against their wishes, or from being coerced in any way as a result of their non-membership of that union. Collective Bargaining There should be a policy and strategy for handling collective bargaining. This should be along the lines of: 14

17 The organisation will recognise a union for the purposes of collective bargaining on behalf of its employees in a defined bargaining unit where the majority of employees in the bargaining unit state their intention to have that union represent them. This recognition should be formalised in a recognition agreement with the union. This agreement should include details of the following: Hearing is one of the body s five senses, but listening is an art. Being a good listener can make or break a career. Your success could hinge on whether you have mastered the skill of listening. Harvey Mackay 15

18 The Bargaining Unit - definition of the common interest group that is covered by the policy. Procedures - how any such negotiations, disputes, grievances, disciplinary matters and other matters will be handled. Grievance Resolution There should be a section of the policy that states how grievances will be handled. This is addressed further in a later section. However the policy should state: The organisation considers it important that, where an employee or group of employees are not satisfied with any matter that arises from their work situation or employment relationship with the organisation; this should be addressed and resolved as quickly as possible. A procedure for addressing grievances has been agreed with the unions concerned. Communication and Consultation There should be a section of your policy that states how communication and consultation are to take place. The organisation recognises that open communication and consultation with its employees is critical. It therefore encourages staff to exchange information, ideas and views about matters of concern through both formal and informal channels with the organisation. Informal systems The organisation encourages informal communication and consultation at all levels. All managers and supervisors are encouraged to develop appropriate arrangements to promote discussion of any matters of concern at the workplace. Consultative committees Where any agreement has been entered into, the organisation will arrange regular consultative meetings between Human Resources Department staff and other key members of management and the union. The role of these committees is to provide a formal channel of communication between management and employee representative bodies. In particular, management will seek employees views prior to making decisions affecting their interests. In the same way, employees will bring their issues of concern to the attention of management. The organisation representative bodies are free to initiate agenda items. 16

19 Discipline Discipline should also be addressed in your policy so that all employees are aware of how it will be implemented. All employees are required to maintain certain standards of conduct when in the workplace. Any employee who fails to maintain acceptable standards of conduct in accordance with his/her employment contract, specific job requirements and/or the organisation s rules, may become liable to disciplinary action by the employer. Any such action is designed to be corrective in nature and to improve conduct (other than where dismissal is warranted) and should be taken as soon as possible after the event. All employees are also required to maintain standards of performance. Any employee who does not maintain these standards of performance in accordance with his/ her employment contract, specific job requirements and/or the organisation s rules, renders himself/herself liable to corrective action. Representing your Organisation when Bargaining The employment agreement between an employer and employee sets out the terms and conditions of employment and is legally binding. The best time to negotiate this type of contract is during the weeks leading up to an employee s first day after this point it becomes extremely difficult. Ensure you understand every clause written in the contract, especially when involved in group bargaining. The key advantage to having a written employment agreement is that both parties have exactly the same understanding of the conditions of employment (as we mentioned earlier). This can reduce or avoid the risk of disputes in the future, which are very common when it comes to verbal contracts. A standard employment agreement should cover the following information: Applicable awards; Employment type; Salary plus superannuation entitlements; Probation period; Notice periods during termination and probation periods; Entitlements (annual leave, personal leave, long-service leave); Hours of work; Public holidays; and Dress and communication standards. 17

20 An employment agreement can also include clauses regarding confidentiality which attempt to ensure that an employee does not use an organisation for their own personal gain, as well as non-competition or restraint-of-trade clauses to protect the firm when an employee resigns. Some help with negotiating Always ensure that you have a procedure in place for considering applications and make sure that it is clear and accessible to all employees. Ensure that all managers and staff know the procedure for bargaining and know how it works. Employers with good policies, which are well understood by staff are less likely to find themselves in a disputes tribunal. Negotiation should always be treated seriously and in a positive manner by all staff and managers involved in the process. Carefully consider whether it is working. Do treat all in exactly the same way and do not stereotype. Treat each person as an individual, and ensure that their uniqueness is valued. Promoting Policy The four major means of promoting policy within an organisation are: Newsletters: A newsletter is a powerful means of communication. Well written and presented, it can deliver a vast range of information to staff and management. Newsletters can be used to literally deliver the news to your staff. You can use them to provide written information about new initiatives, report on successful initiatives that have been adopted in the past, and look towards the future. As was mentioned in a previous section, industrial relations are an overall philosophy, a newsletter can be used to take a vision, and communicate it to staff. It can be used to sell ideas, shows how past ideas have worked, and what is in store for the future. The newsletter is perhaps less threatening than some of the other promotional tools. It can be used to remind staff of particular points, without singling out anyone individually. One of the major problems with the newsletter is that often it may be dismissed as unimportant by staff, they may not read it, and simply throw it away. To overcome such a problem, you may attempt to include other information on social events within the organisation, along with important quality industrial relations news and initiatives. Workshops: Workshops are formal training events that can be used to deliver information in an interactive environment. You can use a workshop to deliver information, and allow staff to try activities and the like based on the information that you have given. These workshops can often be lengthy to prepare, particularly when developing a range of activities. However, if you allow staff to try out new initiatives before they are formally introduced into the workplace, they are more likely to be receptive to the idea when introduced into their workplace. Workshops also allow feedback on new processes and procedures to be given to management and trainers, while at the same time allowing trainers to encourage those staff members who are reluctant. This type of promotion is particularly useful for any initiative that is practical in nature, and that may require practice before introduction. 18

21 Forum groups: Forum groups are perhaps the most interactive form of promotion that can be provided. In a forum group, members are encouraged to discuss ideas among themselves and with management. A forum allows everybody s ideas to be heard, and listened to. It is important that the initiatives remain the most important component of the forum discussions; therefore a chairperson is required to ensure control is maintained. Forum groups are useful for promoting initiatives that may not be entirely popular. This is due to the fact that they allow for discussion, so those opposing an idea can have their feelings heard, and this can be discussed in an open and positive environment. Presentations: Presentations, using videos or slides and PowerPoint, are a non-interactive means of training for the most part. In this sense they are like newsletters, but with a human presenter. This means that some questions may be asked, and answered, however discussion is usually not involved in a presentation. Use this method of promotion in cases where the initiative is simple, and can be briefly presented. 19

22 Activity One Think about the industrial relations policies and strategies in place in your organisation. What do they cover? How formal are they? Facilitator s Notes for Activity One The Candidate should describe their industrial relations strategies and policies and accurately describe what they contain. 20

23 Section 1 - True or False Quiz True False The Workplace Relations Act 1996 is still in its original form. It was replaced with the Fair Work Act Equal Opportunities only relates to differences in sex. It allows for equal opportunities for all staff. Discriminatory legislation is placed both at the State and Federal levels. Parental leave is available for people adopting a child. Parental leave is not available for fathers. It is available for either partner. All staff are covered by awards. There are also agreements and contracts, as well as awards. The minimum wage is determined by the State. It is determined by Fair Work Australia. The Workplace Relations Act largely overturned the Australian collective bargaining award and conciliation and arbitration system. OHS legislation is only found at the Federal Level. Each state also has OHS legislation. An industrial instrument is an award, certified agreement and workplace agreement. 21