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BSBWRK510A MANAGE EMPLOYEE RELATIONSPRESENTATION 5

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PRESENTATION OBJECTIVES

At the end of this presentation you will be able to work in the area

of:

• Conflict resolution and management

• Negotiation

• External Workplace Relations

• Advocates

• Documents, implementation and remedial actions

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CONFLICT RESOLUTION

Conflict is unavoidable. A conflict management technique will be

outlined in your dispute resolution procedures. Another conflict

management technique is to control difficult situations using legal

remedies such as arbitration.

Dispute-resolution procedures can:

• Help organisations maintain respectful and trustworthy

relationships with employees

• Where disputes are finalised via negotiated, mediated or

arbitrated outcomes

• Legally all modern awards and enterprise agreements must

contain a dispute resolution clause

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NEGOTIATION

• A process where two or more parties try to resolve differences,

solve problems and reach agreement

• Effective negotiators possess empathy, flexibility, creativity,

honesty, excellent communication and organisational skills

• Bargaining is a type of negotiation where two parties negotiate

terms and conditions which make up an agreement

• Either side may be represented by a bargaining representative

• The Fair Work Act has established a set of clear rules and

obligations about how workplace bargaining is to occur

Other essential skills for managing sensitive and important issues in

the workplace are innovation and problem-solving.

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CONFLICT MANAGEMENT STYLES

Compromise• Appropriate when each

party’s goals are similar-each party’s targets will be partly fulfilled

Competition• When decisive action is

required• One party’s targets are

completely fulfilled, the other’s not

Accommodation• Appropriate when trying to

preserve relationships + future cooperation by fulfilling the party’s needs over own

Avoidance• Appropriate when treating

trivial disputes unlikely to compromise organisation goals when issue is ignored

Collaboration• Fosters innovation +

teamwork takes time +effort to reach agreement - both parties are working towards mutual solution

Work Relation specialists and mangers will have their own style:

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SKILLS FOR CONFLICT MANAGEMENT

Managers can learn to:

• Demonstrate prompt, accessible behaviour

• Discuss grievances or conflicts in informal, non-threatening manner

• Apply policies and procedures consistently

• Admit errors when behaviour is inappropriate or mistakes made

• Find solutions and fully explain them

• Be neutral and unbiased• Deal with conflicts unemotionally

Employees can learn to:

• Focus on the problem not people or personalities involved

• Verbalise their feelings appropriately and manage emotions

• Take responsibility for their behaviour

• Avoid blaming and look for solutions

• Identify areas of compromise• Be open to finding a solution

Managers, WR professionals and employees benefit from training in conflict management techniques:

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CAUSES OF CONFLICT Recognition of conflict allows problems to be solved while still manageable. Make sure

workplace policies and procedures uphold agreements and comply with legislative obligations.

Causes of conflict could include:

• Changes to agreements, breaching established agreements, awards and contracts, failure

to comply with legislative conditions

• Actions taken by supervisors/managers, personality clashes/personal differences

• Lack of resources

• Incompatible goals or values

• Health and safety issues

• Failure to provide clear instructions so that employees are unclear of what is required

• Incidents of harassment, vilification or discrimination, create equal opportunity policy that

states illegal behaviour will not be tolerated with examples

• Educate employees so they understand rights and responsibilities, train workers to

recognise and prevent discrimination and harassment

• Take disciplinary action against employees who engage in harassment or discrimination

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CONFLICT ELIMINATIONCommunication with Unions

Relationships between organisations and unions is often adversarial. Managers should develop positive, collaborative and cooperative relationships with unions so they highlight issues causing conflict before they become disputes. Unions are powerful to organise industrial action and negotiate solutions

Management by Walking Around

Managers to leave their offices, walk around the workplace and touch-base with employees. Informally observing workers, asking questions and listening to employees. By doing this, managers can identify sources of conflict and deal with them.

Open Door Policy

Managers are available to employees to raise issues any time. An informal dispute resolution tactic, managers must take immediate action. Empty promises and failure to act undermine this technique.

Active Listening

Managers should employ these skills when dealing with employees to identify dissatisfaction and its causes. Used during formal/ informal communications. Managers can pinpoint causes of potential conflict and grievances before complaints are made.

Consultative Committees

Committees made up of employees, managers and union reps. involved in decision-making that impact on employees’ work conditions. Potential for conflicts, grievances and disputes minimised as employees can express concerns and opinions.

Participative Management

Managers to communicate and consult with employees before making decisions that relate to their working lives. Relies on communication and allows managers to draw on knowledge and ideas of employees when making decisions and taking action.

I nternal Ombudsman

Ombudsman acts as impartial party, has authority to investigate and make recommendations to deal with grievances and conflicts. They can also provide employees + managers with assistance in resolving work-related concerns. Ombudsman should operate independently of management structures to ensure impartiality.

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AVOID AND IGNORE THE CONFLICT OR MANAGE IT?Managed Conflict Out of Control Conflict

Leads to strengthened relationships and communication

Wastes time, money and human resources

Encourages cooperation, consultation and collaboration

It not advocated

Is calm, controlled and unemotional Focuses on blaming and fault finding

Is advocated Creates division within the team

Can lead to improvements and new ideas Halts communication

Focuses on resolving the issue; not winning the fight

Creates a sense of crisis

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CONCILIATION

Conciliation is an alternative dispute resolution process whereby the

parties to a dispute use a conciliator, who meets with the parties

both separately and together in an attempt to resolve their

differences.

They seek to lower tensions, improve communications, interpret

issues, encourage parties to explore solutions and assist in finding a

mutually acceptable outcome by overcoming breakdowns in the

negotiation.

Conciliation differs from arbitration in that the conciliation process

has no legal standing.

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ARBITRATION

Arbitration is a form of alternative dispute resolution that is used to

resolve disputes outside of the courts. It is an alternative to court

based litigation.

The parties to a dispute refer to arbitration by one or more persons

(the arbitrators, arbiters or arbitral tribunal) and agree to be bound

by the arbitration decision. A third party reviews the evidence in the

case and imposes a decision that is legally binding on both sides and

enforceable in the courts.

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EXTERNAL WR PROFESSIONALSAt times organisations need to obtain expert advice about WR issues,

grievances, conflict, disputes and negotiations.

External WR specialists can be sourced from:

• An approved list of service providers previously used

• Professional journals• Advertisements• HR service directories• Legal firms specialising in WR issues• Internet• Word-of-mouth referrals• Professional or employer

associations

Types of services, advice, up to date information on:

• Workplace Relations issues• Changes to legislation +awards• Tribunal/court decisions• Interpreting and applying awards• Representation before federal/state

industrial courts and tribunals re: unfair dismissal, underpayment of wages, discrimination, unfair contracts, breach of contracts

• Acting as advocates in negotiations and disputes

• Negotiating contracts, agreements and claims

• Consulting on Workplace Relations policies ensuring compliance with legislation

• Assisting line managers with Workplace Relations issues

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THE FAIR WORK COMMISSION

The fair work commission decides on cases of unfair

dismissal.

Unfair dismissal is when an employee is dismissed

from their job in a harsh, unjust or unreasonable

manner. What is harsh, unjust or

unreasonable?

You can locate a guide to unfair dismissal at https://

www.fwc.gov.au/about-us/resources/guide-unfair-dismissal

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IN CONSIDERING WHETHER A DISMISSAL WAS HARSH, UNJUST OR UNREASONABLE, THE COMMISSION MUST TAKE INTO ACCOUNT:

• whether there was a valid reason for the dismissal related to the person's

capacity or conduct (including its effect on the safety and welfare of other

employees), and• whether the person was notified of that reason, and• whether the person was given an opportunity to respond to any reason

related to the capacity or conduct of the person, and• any unreasonable refusal by the employer to allow the person to have a

support person present to assist at any discussions relating to dismissal, and• if the dismissal related to unsatisfactory performance by the person—whether

the person had been warned about that unsatisfactory performance before

the dismissal, and• the degree to which the size of the employer's enterprise would be likely to

impact on the procedures followed in effecting the dismissal, and• the degree to which the absence of dedicated human resource management

specialists or expertise in the enterprise would be likely to impact on the

procedures followed in effecting the dismissal, and• any other matters that the Commission consider relevant.

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KEY ENTITIES IN THE AUSTRALIAN INDUSTRIAL RELATION SYSTEM

Key entities in the industrial relation system

include:

• Courts

• Tribunals

• Trade Unions

• Employer Bodies

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NEGOTIATION STRATEGIES• Negotiation - two or more parties try to resolve and agreement on issues

• Durable agreements in negotiation meet as many interests as possible

• Before negotiation strategies should be developed and agreed, understanding others

interests helps.

• Complete negotiations as soon as possible

• Some strategies to consider include:

Strategy Description

Problem Solving Both parties are committed to examining and discussing issues

Contending One party persuades the negotiating party to concede

Yielding One party concedes to a point not vital to them but important to the other party

Compromising Where both parties forego ideal outcomes and settle for an outcome that satisfies both parties

Inaction Where one or both parties “buy time” to think about the proposal, gather information and determine future tactics

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NEGOTIATION OUTCOMES

Win-lose•Both sides try to win, only one will win

Lose-Lose•Either both concede or no deal is struck. Both parties may end up worse off than they started

Win – Win•Both end within their targets

WR professionals need to know their own and the other person’s objectives and expectations before going into a negotiation. Knowing the desired outcome helps determine the strategy and timeline.

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ADVOCATEAdvocacy - speaking or acting for or on behalf of another. WR professionals often act as

advocates for their organisations. Organisational advocates can also be accessed through legal

firms with WR specialists on staff.

The main role of an advocate is to represent an organisation where industrial disputes arise.

Effective WR advocates require:

• An understanding of the authority or jurisdiction of relevant industrial tribunals, legal

requirements for preparing +participating at hearings/meetings

• The ability to determine what evidence is relevant or admissible, interview witnesses,

gather evidence and present a case, predict and rebut the opponent’s case and

arguments, examine and re-examine information and witnesses, ask non-leading questions

• Excellent communication and organisational skills

• Always behave in an ethical, objective manner, understand procedures and conventions of

tribunal hearings.

• Must have a comprehensive knowledge of industrial law and industrial relations .

Organisations are not the only ones that have advocates. Employees can also have advocates,

usually in the form of union delegates and legal representation.

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DOCUMENT AGREEMENTS

Throughout the process of dispute or grievance resolution, accurate

records must be kept. You should thoroughly check all documentation

before you commence identifying and clarifying the dispute issues.

These records should include a copy of the original grievance or

complaint and any documentation relating to the investigation and

resolution.

Once a resolution or agreement is reached, that final decision should

be recorded in writing and signed by all relevant parties.

The signing the agreement is an indication that the parties agree with

the decision and will comply with it.

Employees directly involved or will be directly affected by the

decision should be given a copy of the agreement.

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WORKPLACE/ENTERPRISE BARGAINING

Enterprise bargaining is the process of negotiation generally between

the employer, employees and their bargaining representatives with the

goal of making an enterprise agreement. The Fair Work Act 2009

establishes a set of clear rules and obligations about how this process

is to occur, including rules about bargaining, the content of enterprise

agreements, and how an agreement is made and approved.

A registered agreement sets out the terms and conditions of

employment between an employee or group of employees and one or

more employers.

Under the national workplace relations system there are two

categories of agreements:

• enterprise agreements

• agreement-based transitional instruments.

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WORKPLACE AGREEMENTS Enterprise agreements and other registered agreements (A document between an

employer and their employees regarding employment conditions) sets out

minimum employment conditions and can apply to:

• one business

• a group of businesses, or

• an individual employee (but these types of agreements can’t be made

anymore).

When a workplace has a registered agreement, the award doesn’t apply. However:

• the pay rate in the registered agreement can’t be less than the pay rate in the

award

• The National Employment Standards still apply

• any terms about outworkers in the award still apply.

The agreements must be registered and certified with The Fair Work Commission.

Registered agreements apply until they are terminated or replaced.

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IMPLEMENT AGREEMENTSOnce agreements are finalised, implement them. Develop a plan with policies and

procedures for employees to follow.

Some tools that can be used to develop an implementation plan include:

• Action plans: A sequence of steps to be performed for a strategy to succeed. Major

elements include specific tasks, timelines and resource allocation

• Flow chart: A pictorial summary of decisions that make up procedures/ processes

from beginning to end showing how the entire system functions and where errors

could occur

• Gantt chart: Bar-chart that shows both scheduled and completed work over time

including start and finish dates, critical and non-critical activities, slack time and

predecessor-successor relationships

• Resources required to implement the system need to be identified and allocated

• Once an implementation plan has been determined new/modified agreements can be

introduced

• Flexibility will be required as unanticipated issues or problems arise

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REMEDIAL ACTION

• Once agreements are implemented there is a chance they may

not be complied with

• Employers and employees have access to remedial actions when

agreements, awards, legislative obligations or contracts are not

upheld or breached

• Assistance is available through Workplace Relations tribunal

• If conciliation is unsuccessful, the Workplace Relations tribunal can

arbitrate on the matter. Arbitration is an alternative dispute

resolution in which a third party reviews the issue’s evidence and

imposes a legally binding decision to the parties involved.

• Employers can terminate employees who fail to abide by

agreements

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WORKPLACE RELATIONS TRIBUNALS

Fair Work Commission is Australia’s national workplace relations

tribunal. The commission is responsible for maintaining a safety net

of minimum wages and employment conditions, as well as a range of

other workplace functions and regulation. The tribunal is

independent and deals with employment issues which include

disputes and industrial actions.

For more information see https://www.fwc.gov.au/

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TYPES OF DISPUTES THAT CAN BE REFERRED TO FAIR WORK COMMISSION

The Fair Work Commission can help resolve workplace issues, disputes

and dismissals that cannot be resolved at the workplace.

You can bring an application to the Commission if you believe you have

been:

• unfairly dismissed

• discriminated against at work

• denied, or punished for accessing or trying to access, a workplace

right

• dismissed for a temporary absence from work due to illness or injury

• employed as an independent contractor (providing a service) but

your terms and conditions are those of an employee, or

• bullied at work.

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YOU CAN ALSO MAKE AN APPLICATION FOR:

A dispute relating to:

• the application of an award

• the application of an agreement

• the bargaining process for a new enterprise agreement

• taking protected industrial action, or

• taking unprotected industrial action.

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PRESENTATION SUMMARY

Now that you have completed this presentation you should be able to

work with:

• Conflict resolution and management

• Negotiation

• External Workplace Relations

• Advocates

• Documents, implementation and remedial actions