BSBWRK411 Support Employee and Industrial Relations Procedures
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Added on 2021-07-13
BSBWRK411 Support Employee and Industrial Relations Procedures
Added on 2021-07-13
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BSBWRK411 Support Employee and Industrial Relations Procedures Learning Module
BSBWRK411 Support Employee and Industrial Relations Procedures - Learning Module (v.1.0) 2 Table of Content This Unit in Context ..................................................................................................................................... 3Elements and Performance Criteria........................................................................................................... 4Learning Objectives .................................................................................................................................... 51.Communicate and Implement ER Policies and Procedures ........................................................... 61.1. Introduction to employee and industrial relations ........................................................................ 6 1.2. Identify legislative requirements: The Fair Work System .......................................................... 10 1.3. Identify other legislative requirements ....................................................................................... 13 1.4. Identify awards and agreements ............................................................................................... 14 1.5. Identify and access relevant policies and procedures ............................................................... 16 1.6. Implement agreements, policies and procedures ...................................................................... 19 1.7. Support communication strategies ............................................................................................ 20 1.8. Promote the organisation’s IR and represent the organisation effectively ................................ 22 2. Assist in Minimising Industrial Relations Conflict ............................................................................. 232.1. Workplace conflict ...................................................................................................................... 23 2.2. Resolve disputes at the lowest level .......................................................................................... 28 2.3. Process documentation and report conflicts to management ................................................... 30 2.4. Resolve conflicts with employees .............................................................................................. 30 2.5. Source specialist IR expertise ................................................................................................... 33 3. Enhance Employee Relations .............................................................................................................. 343.1. Deploy strategies to monitor implementation of policies and procedures ................................. 34 3.2. Implement strategies to facilitate feedback on industrial climate .............................................. 38 3.3. Implement strategies to strengthen relationships with relevant groups .................................... 40 3.4. Provide feedback to management ............................................................................................. 41 4.References and Further Reading .................................................................................................... 435.Glossary ............................................................................................................................................. 456.Appendices ........................................................................................................................................ 466.1. Appendix 1 - Australian Hardware business plan (excerpt) ...................................................... 46 6.2. Appendix 2 - Australian Hardware key personnel ..................................................................... 47 6.3. Appendix 3 - Sample dispute resolution/grievance policy and procedure ................................. 49 6.4. Appendix 4 - Record of complaint template............................................................................... 50 6.5. Appendix 5 - Sample record of interview ................................................................................... 51 6.6. Appendix 6 - Sample permission to show letter/issues ............................................................. 52 6.7. Appendix 7 - Sample letter from HR to complainant ................................................................. 53 6.8. Appendix 8 - The national employment standards checklist ..................................................... 54 6.9. Appendix 9 - Employee climate survey sample ......................................................................... 55
BSBWRK411 Support Employee and Industrial Relations Procedures - Learning Module (v.1.0) 3 This Unit in Context Welcome to Support Employee and Industrial Relations Procedures.This unit describes the skills and knowledge required to communicate and implement industrial relations policies and procedures to effectively represent organisations/employers. It applies to individuals who work in support positions, assisting others in dealing with industrial relations conflicts and issues. No licensing, legislative or certification requirements apply to this unit at the time of publication.
BSBWRK411 Support Employee and Industrial Relations Procedures - Learning Module (v.1.0) 4 Elements and Performance Criteria Element Performance Criteria 1. Communicate and implement organisation’s industrial relations policies and procedures 1.1 Source and disseminate relevant legislation, agreements, policies and procedures to relevant persons and groups 1.2 Implement agreements, policies and procedures according to site, enterprise and statutory requirements 1.3 Support strategies to effectively communicate with relevant persons and groups on industrial relations matters 1.4 Promote the organisation’s industrial relations procedures to relevant persons and groups 1.5 Represent the organisation appropriately in discussions with key stakeholders 2. Assist in minimising industrial relations conflict 2.1 Monitor the implementation of industrial relations policies and procedures 2.2 Process documentation and report to management and other relevant parties about potential industrial relations conflicts 2.3 Support managers to contain industrial relations conflicts and deal with grievances and disputes, within limits of own authority 2.4 Work with employees to resolve personal grievances and prevent escalation of industrial relations conflicts 2.5 Work under supervision to source specialist industrial relations expertise 3. Enhance industrial relations 3.1 Trial and implement strategies to monitor the implementation of the organisation’s industrial relations policies and procedures 3.2 Implement strategies to facilitate feedback on the industrial climate 3.3 Implement strategies to strengthen relationships with relevant persons and groups 3.4 Provide information and feedback to management on industrial relations 3.5 Provide information and advice to relevant persons and groups
BSBWRK411 Support Employee and Industrial Relations Procedures - Learning Module (v.1.0) 5 Learning Objectives Has the ability to communicate and implement organisation’s industrial relations policies and procedures Has the skills to assist in minimising industrial relations conflict Knows how to enhance industrial relations
BSBWRK411 Support Employee and Industrial Relations Procedures - Learning Module (v.1.0) 6 1. Communicate and Implement ER Policies and Procedures The focus of this section is on the skills and knowledge required to communicate and implement employee relations (ER) policies and procedures. Scenario: Australian Hardware Australian Hardware (a simulated business) is a large and expanding hardware and homewares retailer with approximately 140 stores located across Australia. In its vision statement, Australian Hardware outlines that it intends to lead the hardware and home improvement market in Australia within five years. In order to realise this vision, the organisation will need to ensure the capability and engagement of its people. To this end, Australian Hardware intends to improve its approach to ER. It intends to review its ER and IR policies and enterprise agreements to ensure these align with the organisation's goals. Pat is newly employed as an HR Business Partner at Australian Hardware. Her manager has asked her to review, communicate, and implement the organisation's ER policies. Australian Hardware simulated business information, including business and operational plans, financial information, and policies and procedures can be accessed online at <http://simulations.ibsa.org.au>. What skills will you need? In order to communicate and implement ER policies, you must be able to: source and disseminate relevant legislation, agreements, policies and procedures to relevant persons and groups implement agreements, policies and procedures according to site, enterprise and statutory requirements support workplace strategies to effectively communicate with relevant persons and groups on ER promote the organisation's ER procedures to relevant persons and groups represent the organisation appropriately in discussions with key stakeholders. 1.1. Introduction to employee and industrial relations Employee relations (ER) and industrial relations (IR) can have a huge impact, for better or worse, on an organisation’s ability to achieve their objectives and provide value to their main stakeholders. From a human resources (HR) perspective, the ability of the organisation to attract, retain and develop workforce capacity can be helped or hindered depending on the quality of the industrial relations climate. IR may be taken in two related senses. The broad sense of IR may be described as: “The relationship between management and labour, shaped by individual employers and employees and by employer and employee organisations and government institutions, that exists at a workplace or in an industry and influences how effectively they work together or achieve their joint and separate goals” (Cole 2007). This broad sense is now often referred to as ER (or workplace relations). The second sense of IR is narrower and refers to the formal processes by which good industrial relations are maintained and disputes are settled, including the process of collective bargaining between employers and unions or direct negotiations between employers and employees.
BSBWRK411 Support Employee and Industrial Relations Procedures - Learning Module (v.1.0) 7 This unit will discuss organisational policies and procedures, as well as the legal context of industrial relations. Let's take a brief look at the history of IR in Australia, external factors affecting workplace relations, and stakeholders. History of IR A timeline of important milestones in the development of IR in Australia appears below. 1901 saw the establishment of Federation and the Australian Constitution, which gave the parliament of the day the right to legislate with respect to “conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one state” (Commonwealth of Australia 1901). The Commonwealth Court of Conciliation and Arbitration, Australia’s first federal tribunal for industrial relation, was established in 1904. It had the power to set awards and settle disputes (Australia Trade Union Archives 2002). Much of Australia’s IR history has been about the determination of fair wages, from the first basic minimum wage of seven shillings per day being set in 1907 by Harvester Judgement. From 1988, minimum wages were set by the Australian Industrial Relations Commission, until 2006 when it was replaced by the Fair Pay Commission. Later it was replaced by Fair Work Australia, which was renamed the Fair Work Commission. Nowadays, ideally, wages and conditions of employment are determined by mutual consent at the workplace level through enterprise agreements. These agreements are negotiated between employers and employees directly or between employers and unions representing employees in a process called collective bargaining. Traditionally, unions have been involved in these negotiations as worker representatives but in recent years union membership has been declining to about 17% of the workforce (Australia Bureau of Statistics 2014). 1901: Federation, Consitution of Australia1904: Commonwealth Conciliation and Arbitration Act1956-1973: Commonwealth Concilitation and Arbitration Commission1973-1988: Australian Conciliation and Arbitration Commission1988: Industrial Relations Act, Australian Industrial Relations Commission (AIRC)1993: Industrial Relations Act reform1996: Workplace Relations Act2006: WorkChoices, Workplace Relations Act amendments2009: Fair Work Act, Fair Work Australia2012: Fair Work Amendment Act, Fair Work Commission
BSBWRK411 Support Employee and Industrial Relations Procedures - Learning Module (v.1.0) 8 External factors affecting workplace relations Many external factors affect the everyday environment of the workplace and therefore affect the ER and IR climate in which policies and procedures are developed and implemented. Let's look at a few of these external IR factors: Past events, such as historical strikes and industrial conflicts that have shaped the country's IR system, for example: othe system of conciliation and arbitration othe semi-adversarial notion of maintaining a balance of power in the relationship between employers/employees and their unions. Societal and cultural issues, such as the desire of employees to be given greater control and involvement in decision-making in their working conditions, for example: oobtaining and maintaining conditions of employment hard fought for, over the past 100 plus years oconditions such as: paid maternity leave, increase in paid training, shorter working weeks and higher wages. Political issues, such as who has won government at the time and what that government perceives as a fair workplace, for example: othe Australian Labor Party (ALP) generally favours more union power and collective bargaining othe Liberal-National Party Coalition (LNP) tends to favour more individual bargaining (such as the Australian Workplace Agreements [AWAs] introduced under the now superseded WorkChoices legislation), and restricting union power. Economicissues play an important part of what is happening in the workplace, for example: Workplace industrial relationsPast eventsSociety and culturePoliticsEconomicsTechnologyLegislation
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