HRM523 Report: Non-Union Representation and Bargaining Structures

This report provides a critical analysis of non-union representation and collective bargaining structures within the Australian employment relations system, using the 7 Eleven stores inquiry report as a case study. It examines the roles of non-union representatives in addressing workplace issues such as health and safety, information and consultation, and employee grievances. The report also explores reforms needed in collective bargaining structures, particularly within the retail industry, to ensure fair treatment and representation for all employees, including those not part of a union. It emphasizes the importance of addressing issues like wage setting, extending bargaining privileges, and establishing effective communication channels to improve employee relations and productivity. The report concludes by suggesting practical solutions for improving industrial relations and the effectiveness of bargaining structures within the retail sector.

Running Head: HRM523 1
HRM523 - Advanced Studies in Industrial Relations
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Contents
Introduction:...............................................................................................................................3
Non-Union Representation.........................................................................................................3
Roles Of Representatives...........................................................................................................3
Reforms in Collective Bargaining Structures:...........................................................................5
Conclusion:................................................................................................................................6
References..................................................................................................................................6

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Introduction:
The following assessment is directed towards the critical analysis of the implications
derived from the inquiry report on 7 Eleven stores. The primary inferences that could be
derived from the inquiry report presented explicit references to the bargaining structures
evident in the Australian Employment Relations system and non-union forms of employee
representation. The issues identified in the outcomes of the inquiry report are profoundly
observed in context of health and safety, information and consultation, collective bargaining
and workforce agreements (Ackers, 2016).
Non-Union Representation:
Non-union representation of employees at workplace would be reflective of the
provision of regulations that allow representatives to perform their duties, acquire training
and facilities required to promote the interests of the workforce that is not included in the
union. While research studies indicate that majority of employees prefer involvement in
unions, some employees are excluded from unions on the grounds of specific precedents such
as foreign origin (Addison, 2015).
The cases of foreign students and franchisees under direct control observed in the
inquiry report reflect on the crucial elements of inequalities of payment for employees and
discrimination on the grounds of foreign origin. The monitoring of the documentation of
payroll and benefit provision by the 7 Eleven Stores in its franchises dictates the lack of
opportunities for non-unionised workforce to represent themselves (Belizón, et al., 2014).
The representatives employed by the organization for employee forums voluntarily could be
able to address the issues identified from the inquiry report through assistance from
employees which would help the representatives to represent the workforce as well as engage
in prolific consultation with the non-unionised workforce to determine their needs and
grievances. The distinct roles played by non-union representatives could validate their
effectiveness in alleviating the issues raised in this case in the following manner (Blain,
2017).
Roles Of Representatives
The roles of representatives in ensuring ongoing consultation, employee safety and
disciplinary matters as well as individual grievances pertaining to the non-unionised
workforce can be observed profoundly in various practical examples. The involvement of

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consultation representatives is associated with the objectives of providing a channel of
communication between the workforce and employers (Cooke, 2014).
The capabilities of representatives to address consultation meetings for onsite contexts
as well as with the higher levels of management could be helpful for explicit communication
of employee issues to the senior management thereby limiting the setbacks occurring in the
employment relations framework of 7 Eleven Stores. Consultation representatives could
establish viable platforms for transparency of company information and sharing alongside the
evaluation of alternatives for strategic change (Webster, 2015).
The representatives have to be employed by the non-unionised employees in order to
address the limitations on authority of representatives employed by the organization
management (Cox, 2015). The activities of the representatives are also responsible for
outcomes such as agreement and negotiation with the respective management in order to
induce reforms in the design and operational rules pertaining to payroll and benefits.
Representatives for specific issues such as collective redundancy representatives and TUPE
(Transfer of Undertakings) representatives should also be appointed for representing the
issues faced by the non-unionised workforce at 7 Eleven Stores (Darlington & Dobson,
2013).
Non-union representatives would also account for presenting the issues of the
employees before industrial tribunes and external appeal bodies. The mediation of non-union
representatives is observed as a significant contributor to the resolution of major conflicts
observed in case of non-unionised workforce such as violation of rights and exemption from
benefits (Ellem, 2015). The issues of non-payment of overtime expenses for employees and
discrimination for foreign students working in the stores on the basis of language and culture
could be communicated effectively before external supervising authorities. The role of
representatives in context of cases pertaining to disciplinary action and grievances is subject
to higher degree of responsibility since they have to ensure that the communication with
workers is executed in a confidential space (Wang & Cooke, 2017).
This would enable the non-union representatives to access an unbiased interpretation
of the issues pertaining to the specific case thereby ensuring adequate support for
representation of the workers. Furthermore, it is essential to observe that the provision of
adequate facilities and training support for the non-union representatives would lead to the
development of promising competences among representatives to act as professional

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mediators (Wilkinson & Barry, 2016). The effect of non-union representation could also be
observed in the access to legal information for employees that are not involved in a union
(Evetts, 2014). The issues identified from the inquiry report on the case of 7 Eleven stores
refer to the requirement of legal assistance by employees to question the payroll framework
adopted by the organization and the provision of benefits (Hassel, 2017).
The use of non-union representation in this case would enable employees to access
legal support from representatives rather than relying on external assistance (Lansbury,
2016). The outcomes of non union representation could also be identified in the improvement
of employee productivity with profound references the improvement of the mediating
competences of non-union representatives. The establishment of a prolific channel of
dialogue could enable non unionised employees to voice their concerns alongside the
unionised workers (Léonard, et al., 2016).
Reforms in Collective Bargaining Structures:
Collective bargaining can be defined as the process undertaken to frame decision and
the process involves two different parties that reflect on the interests of employees and
employer. The aspects of collective bargaining are feasibly realized only on the basis of
negotiation and consistent application of precedents that are validated for governance of the
employment relations within an organization (Soulsby, Hollinshead & Steger, 2017).
The primary objective of collective bargaining is identified in the establishment of
rules upon mutual consent and the resolution of conflicts arising in context of the terms and
conditions of employment. Since the retail industry has faced substantial transformation in
the recent years as observed in the increment as well as diversification of the waged
employment base (Liu & Li, 2014). Therefore, the implications of collective bargaining
should be reformed by changes in the bargaining structures of retail industry. The prominent
issue to be addressed through reforms in the bargaining structure is identified in the wage
setting frameworks of retail sector in Australia (Yamada, 2015).
The specification of minimum wage is not enforced in major cases which have been
complicated further by the changes introduced in structure of employment and working
conditions following the economic crisis of 2009. The resistance of organizations to social
dialogue as well as the instances of large companies withdrawing from collective agreements
tend to invoke reforms in the bargaining structure in the retail sector (Marcuse, 2013). The

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measures that should be applied in case of Australia’s retail sector include the extension of
collective bargaining privileges to workers from foreign jurisdictions and part time workers
in retail stores. Company level agreements citing employment conditions should be provided
to all types of workers including non-unionised worker (Seifert, 2015).
The bargaining structure could be arranged in the form of distinct hierarchical levels
in order to facilitate a transparent and precise depiction of the potential approach to resolve
bargaining conflicts. The lack of representation could be identified as a major setback for the
realization of effective outcomes from collective bargaining since non unionised workers are
not able to communicate their issues effectively. This factor leads to communication (Poole,
2013). The emphasis on the sectoral bargaining structure would enable the retail sector to
focus specifically on the terms of employment relevant to a single industry (Traxler, 1994).
The rationale for adopting a sectoral bargaining structure could be identified on the grounds
of a wide assortment of bargaining patterns that can be supported. The definition of
bargaining precedents could be based on a wider or narrow perspective depending on the
various industrial activities (Rainnie, 2016).
The aspects of collective bargaining could be further enhanced through sectoral
bargaining by ensuring the accommodation for industrial activities conducted on national
level as well as in territorial units. This factor would enable franchises employed in the retail
sector to voice their concerns pertaining to collective bargaining thereby ensuring the
establishment of prolific employment relations infrastructure in the Australian retail sector.
The effectiveness of bargaining structures should also be reviewed from the perspective of
the level of coordination and integration between the different levels of bargaining in order to
prevent interferences among the respective purposes of each level (Rye, 2017).
Conclusion:
The report presented an impression of the plausible solutions that could be introduced
in the case of 7 Eleven retail stores for addressing their concerns for non-union
representation. The other significant highlight of the assessment is the description of reforms
that can be introduced in the bargaining structures in retail sector of Australia.
References

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