Manage Industrial Relations Essay

Table of contents 1Introduction2 1. 1. 1Purpose2 1. 1. 2Scope2 1. 1. 3Methods of Investigation2 2Visy Industries Overview3 2. 1. 11. 2 Vision Statement3 2. 1. 21. 3 Mission Statement3 2. 1. 3Gepps Cross plant overview3 2. 1. 4Crew 14 2. 1. 5Crew 24 3Best Practice of IR policy / procedures / workplace activities4 3. 1EEO4 3. 1. 1Other relevant legalisation5 3. 1. 2Paid Paternal Leave Scheme5 3. 2Fair Work Act 20095 3. 2. 1Collective bargaining6 3. 3OHS Policy and procedures7 3. 4Disability Discrimination Act 19927 4Implementing Policies and procedures7 4. 1. 1Cost Benefit Analysis8 5Risk analysis9 Induction Process11 6. 1Communication and Consultation11 6. 2Management12 6. 3Training13 6. 3. 1Areas of concern13 6. 3. 2Organisational commitments13 6. 3. 3Employee benefits14 6. 3. 4Employer benefits14 6. 3. 5In house training14 6. 3. 6External training14 6. 3. 7Mentoring14 7Industrial conflict and Dispute management15 7. 1. 1Conflict resolution skills15 7. 1. 2Grievance procedures17 7. 1. 3Legal requirements18 7. 1. 4Grievance resolution strategies18 7. 2Negotiation process18 7. 2. 1Preparation19 7. 2. 2Initial demands19 7. 2. 3Negotiation19 7. 2. 4Deadlock20 7. 2. 5Agreement20 Keeping IR policies and procedures update20 8. 1Resources for the Industrial Relations21 8. 2Reviewing the current EBA and establishing new policies22 9Conclusion24 10Biblography25 11References25 Introduction I Mark meegan am a senior manager of Human Resources and Employee Relations with Visy Industries Head Office in Melbourne. I have worked at the Visy board Gepps Cross plant in Adelaide, South Australia for a period of 5 years on the floor. I worked as a stereoman, feeder and stacker on most of the emba’s including the Gopfert and Emba 245. I started from the bottom and worked my way to the top.

I am currently studying a Diploma of Management and have completed a certificate 4 in Frontline Management. 1 Purpose I am going review and analyse the strategic, operational plan and the Industrial relations of the organisation as a whole. Currently Visy Industries has over 1500 workers in various plants and offices in Australia. I will also discuss Human Resources planning and Collective bargaining agreements including employee and employer’s perspectives and union involvement. This is very important for state and federal legalisation are to be followed avoid penalties, conflicts and industrial strikes.

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Industrial relations can improve staff morale, effective working relationship between staff and management, and increase production and quality. I will conduct a swot analysis to determine the current system’s effectiveness and make improvements. I feel that Visy Industries could improve its Industrial relations for workers and provide more than just entitlements but better workplace relations with staff. 2 Scope Currently Visy Industries complies with Collective bargaining and use Enterprise Bargaining Agreements.

The Industrial relations are between workers who are union representatives of each plant, management and Human resources managers and Australian Manufacturing Workers Union. All the agreements are in the best interest of the organisation’s function, objectives and vision and workers award rates and entitlements. The problem with the collective bargaining agreements in the organisation are that they do not entirely benefit workers and improve staff morale. Also that they are not entirely aware of that they have rights in implementing EBA’s in their workplace,

Management are following most the requirements of the Fair work act but do not review the strategic planning, workforce planning with the Industrial relations of the organisation. As a result, management and Human Resources do not provide the best Industrial relations for their workforce. However, they provide the essentials of the Fair work act in the organisation. 3 Methods of Investigation I will conduct a SWOT analysis on the organisation Industrial relations system. I will look at many internet resources including a BP report on industrial relations and fair work act with state and federal legalisation.

This information will provide management with on industrial relation policies and procedures. I will provide recommendations on how to improve the industrial relations in the organisation. This report is a guideline for Industrial relations and a reference in the future development of Collective bargaining agreements. It will provide useful and practical information that management across all Visy industries plants and offices around Australia can use. Visy Industries Overview In 1948, Richard Pratts’ aunt Ida Visboard gave a 1000-pound loan to the Pratt family.

From this Visy, board formed with the first corrugator and made from scrap metal. Today Visy Board is a multi-million dollar company that has over 100 packaging and recycling sites in Australia, New Zealand and United States. Visy Industries has four types of manufacturing sub sections these are: • Visy Board • Visy Plastics • Visy Packaging • Visy Recycling 1 1. 2Vision Statement Visy will be the leading provider of recycling (waste), paper and packaging products and services, via a dynamic business model that fosters innovative, sustainable solutions for superior returns. [1] 2 1. 3Mission Statement

Most of the workers have been for the company for minimum period of 1 year to 3 years and are generally in relationships and some are married with children. A majority of workers in this crew work overtime to buy houses and other cars. However, workers have a higher absenteeism than their counterparts do. From my experiences of working with this crew, they have a better morale and work better as a team. A minority of these workers I feel are the future of the company and require training to move into other positions that suits their skills and educational level. 5 Crew 2 A majority of men aged 30 to 55 that married and have young children.

This crew does not take as much overtime as crew 1 and are more productive. Of both of the crews, they are more experienced with the company and are more productive. Some of these workers already have houses and children that are aged 18 and over. They have been working with the company for longer than 10 years but do not work as well in team environment and their product quality is not meeting the customer’s needs and wants. In the next 5 to 10 years, a majority of these workers will most likely retire and it will be necessary to hire new staff in a similar target audience of 18 to 35.

In addition, I advise that some of the workers get computer training to further their knowledge of modern technology. Best Practice of IR policy / procedures / workplace activities Industrial relations build a relationship between management and workers, particularly group of workers that are in a correlation with a union. Industrial relations in the workplace contain a policies, procedures and legislation. All Industrial Relations legislation in Australia was covered by The Workplace Relations Act 1996, and in 2005 was replaced by Workchoices or Workplace Relations Amendment Act 2005.

When the Rudd Government came into parliament, they wanted to make the changes to the act and make workplace relations more governed. They later introduced a new legislation called The Fair Work Act 2009. In addition, Equal Employment Opportunity Act 1987 is the legalisation providing equal access to jobs and benefits and making sure that everyone is treated equally. 1 EEO Its aim is to ensure that all areas of employment are being treated equally and fairly in relations to recruitment, selection, training and management. The Equal Employment Opportunity The Equal Employment Opportunity is to: Ensure that decisions made are not related to differences among employees • Promoting fair practices • Making sure talented and highly skilled worked stay in the organisation • Ensuring training is based on essentials requirements of clients and workers • A workplace without harassment • Eliminating discrimination • In the recruitment and selection processes that the best candidate is employed and • Ensures that business is aware and acknowledges race, age, gender and sex. 1 Other relevant legalisation Both Federal and State legalisation provides equal employment opportunity, anti-discrimination, workplace, and sexual harassment.

The key legalisation that the entire above are in regards to be: |Commonwealth laws |State laws | |Disability Discrimination Act1992 |Australian Capital Territory Discrimination Act 1991 | |Racial Discrimination Act 1975 |New South Wales Anti – Discrimination Act 1977 | |Sex Discrimination Act 1984 |Northern Territory Anti – Discrimination 1996 | |Age Discrimination Act 2004 |Queensland Anti – Discrimination Act 1991 | |Human Rights and Equal Opportunity Commission Act 1986 |South Australia Equal Opportunity Act 1984 | | |Tasmanian Anti – Discrimination Act 1998 | | |Victoria Equal Opportunity Act 1995 | | |Western Australia Equal Opportunity Act | |All organisations must comply with all the Commonwealth |As you can see above the bolded states are only relevant to the state | |legislation as well their relevant state legalisation. |of address of the plant or office. | 2 Paid Paternal Leave Scheme In the Fair Work Act 2009, it provided staff to have a balanced lifestyle. The Australian Government has introduced a comprehensive Paid Parental Leave scheme for young and new parents who are the primary parent of the child born or adopted on or after 1 January 2011. A farther or mother can apply for Paid Parental Leave: Be the primary carer of a child born or adopted on or after 1 January 2011 • Be the farther or mother of newborn child or the carer of an adopted child • Be in paid work and have: o Been working either part time or full time for a period of 10 month out of 13 months prior to the birth or adoption of the child o Worked at least 330 hours in the 10 month period (approximately one working pay day weekly) • 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. 2 Fair Work Act 2009 The latest legalisation was implemented on the 1 July 2009.

It provides all employees who are covered by state award or agreement is free to make most of the terms and conditions of their employment contract with their employers provide the minimum requirements set by the legalisation. That organisation’s provide 10 National Employment Standards (NES) and follow modern awards. The National Employment Standards the essential legislated employment conditions are: • Maximum weekly hours of work • Personal leave and sick leave • Public holiday • Notice of termination • Redundancy pay • The ability to request flexible working arrangements 1 Collective bargaining Collective bargaining is an enterprise agreement that is made between an employer and some or all employees with union present in the agreement.

Where an employer does not wish to bargain and possibly, there may not be an existing agreement in the workplace, or a nominal 90 days expiry date of an existing agreement, an employee bargaining representative can ask Fair Work Australia to review the negotiations enterprise agreement with the majority of employees. If Fair Work Australia finds that the majority of the workplace supports the agreement, the employer must bargain collectively with the relevant employees in honest and fairness. There are no differences between union and non-union agreements under the Fair Work Act, Employees can select who will represent them in the bargaining and their employers must respect the employee representatives. Workplaces with unions, employees who are union representatives for the workplace are represented by their union, unless they vote to select another worker as their representative or can reject the union’s involvement in the bargaining,

Bargaining representatives must meet bargaining agreements that is a requirement in the act that they must acknowledge and bargain with all other bargaining representatives. However, this does not mean that either employers or employees have to make concessions or make an agreement that is relevant to the agreement. When bargaining is not being arranged with a good working relationship, Fair Work Australia can ensure compliance with the requirements in the act. If the organisation is, make serious and critical breaches of bargaining orders, which affect the bargaining, a bargaining representative can forward the information to Fair Work Australia for a serious breach declaration.

If Fair Work Australia decides a declaration, and bargaining representatives have not reached agreement with 21-day period, Fair Work Australia will decide on workplace determination to solve the conflicts in the agreement. A contract that complies with legalisation, a contract of employment must have certain requirements for it to be legally approved, these are: Offer and Acceptance Offer and must be accepted for all employment contracts. An offer of employment must be made by the employer to the worker and the terms / conditions of the offer must be made to the individual of whom it is made to and must be accepted. This offer must include all entitlements in the contract. Once the contract is accepted by both parties, it becomes legally binding that all parties involved follow. Consideration As any other legal contract, it must have consideration.

Some considerations include fringe benefits, OHS and work procedures. Intention to Create a Legal Relationship The main purpose of the contract is creating a legal relationship between the employer and employee. Capacity For a contract to be legally binding, people enter employment contract must be legally able to do so. Some demographics have limited capacity, such as workers under 18 years old, those who are bankrupt and those with a mental disability. 3 OHS Policy and procedures In Australia, OHS laws are to provide everyone with a rights / responsibilities for their safety and others and safe working environment. Below is the overall legislative framework. [pic][2]

The Disability Discrimination Act 1992 may provide your workplace to make reasonable adjustment for the individual to work effectively in the workplace. This may require more consideration concerning working agreements, improving work procedures, employing new technology and redesigning job positions to make it more applicable for individuals with disabilities. When redesigning job positions it can improve staff morale and productivity. Implementing Policies and procedures 1. Set a strategic plan with objectives, goals and activities related to Industrial Relations. This should be with the organisation’s function and be aimed to continually improve the industrial relations management and practices. 2.

Identify any current or near future expected industrial relations issues for the organisation and what image the business wants to show in relations to IR issues and the risk management strategies require if an industrial dispute occurs. 3. Include the issues or areas of concern in your risk analysis of your industrial relations. 4. Also, include performance indicators and targets that are relevant IR matters including OHS and unfair dismissal. 5. when implementing the plan look at adding legislation including • Workplace Health and Safety Act 1995 • Anti- discrimination Act 1991 • Disability Discrimination Act1992 • Racial Discrimination Act 1975 • Sex Discrimination Act 1984 • Age Discrimination Act 2004 Human Rights and Equal Opportunity Commission Act 1986 • Fair work act These are all essential legislation that employers must follow. These acts can prevent unlawful behaviour and discrimination. 6. Select you would prefer either an Australian Workplace Agreement or Certified Agreement. A Certified Agreement is with workers, unions and employers and AWA’s are to be negotiated directly with staff and management. 7. In order for the process to continue, it must be negotiated with staff and management. 8. Reach an agreement and present to all staff. The agreement must be available in different languages if necessary. 9. A meeting with all staff on to vote and accept the agreement.

The meeting can discuss with all staff if there are any issues or improvements that can be made to the agreement. 10. Staff representatives, union representative (if workplace has a union) and management must sign the agreement with a cooling off period. 11. With the agreement signed and approved by all parties it must be then registered with the Industrial Relations Commission or Employment Advocate. 12. Once this has been approved by the Industrial Relations Commission it will then be implemented in the workplace. 1 Cost Benefit Analysis 1. Allow all management and floor supervisors discuss employee wages, benefits, training with production of quality for all machines in Gepps Cross plant.

All management must analyse and review their production target and actual with downtime and quality. In addition, they must look to see if there are any reasons for low productive or poor quality in specific areas. For example, Emba 160 crew 2 is achieving their production targets and is meeting the quality requirements of the customer but crew 1 is sometimes achieving the production targets for the machine and has lesser product quality. This could be due to poor training, substance abuse, poor work performance and supervision. 2. This must be discussed and approved by changes or improvements to the plant with union representatives in the organisation and staff. 3.

These can vary from | | |Better product quality | |employer obligations to employee| | | | |obligations | Risk analysis The risks identified in the workplace agreement for the organisation are: • No overtime rates: low to moderate risk • Breaks in shift: moderate to high risk • Equal opportunity: high to extremely high risk • Not meeting 10 NES entitlements: extremely high risk • No agreement between management, staff / union representatives: high risk • Not meeting OHS legislation: medium to high risk • Staff going on strike: low to medium risk • Unfair dismissal: low to medium risk 1 Unfair dismissal This applies to state and federal legislation under the Fair Work Act 2009.

For a dismissal to be lawful and fair, workers have the opportunity to defend themselves for reasons like sexual misconduct and harassment. An employer cannot terminate staff on the following: • Temporary absence from work due to illness or injury • Be apart of a union or not being apart of a union • Be an employee representative to the workforce • Leave from work due to maternity or parental leave • Making a legal complaint about the organisation and its management • Discrimination on nationality, martial status, sex, religion, political opinion, social circle • Insufficient notice must be 14 days notice • Protected industrial action as in the Australia Workplace Agreement • Contravention of AIRC order relating to benefits or redundancy

For an employee to be eligible to claim unfair dismissal, you must have: • Completed a minimum employment period of 6 months with the organisation (or 12 months for small businesses that have less than 15 full time equivalent employees • When being dismissed, the employee must be in following categorises: o Covered by a modern award o Covered by a federal award, a state reference transitional award or a Notional Agreement Preserving State Award (NAPSA) o Covered by an enterprise agreement or an agreement based transitional instrument, or o Earning less than $108,300 annually[3] Please refer to the appendix section Factsheet_9. rtf file look at the Small Business Fair Dismissal Code checklist. Please note that Visy Board is a much larger organisation but can use a similar Fair Dismissal Code.

This document was taken from Victoria Legal Aid, Lawyers and Legal Services, unfair dismissal, Online, 30/06/2010, http://www. legalaid. vic. gov. au/2421. htm . 2 Occupational Health, Safety and Welfare Act 1986 Duties of employers 1. An employer must take reasonable care to protect his or her own healthy and safety at work. Maximum penalty: Division 7 fine. 2. An employer must ensure that the workforce is safe from injury and risks to health a. Management must ensure that correct supervision and control in the workplace Division 2 fine b. The workplace is in a situation that could affect the connection between management and staff in the act.

Division 1 fine[4] |Division 1 fine | – |$200,000 | |Division 2 fine | – |$100,000 | |Division 4 fine |- |$30,000 | |Division 5 fine |- |$20,000 | |Division 6 fine |- |$10,000 | |Division 7 fine |- |$5000 | Please refer to the appendix section OHS Act 150805 file, for details in regards to duties of manufacturers. Non-compliance with the Fair Work act 1.

A Fair Work inspector believes that the organisation or individual is not meeting the requirements of the act and may issue a Compliance Notice under section 716 of the FW act to ensure that the entity is meeting the legal requirements under the act. 2. The Compliance Notice is to find the most effective outcome. The outcome when they problem has been identified and specified to achieve no expense and extender time. 3. The Fair Work OMBUDSMAN cannot issue a Compliance Notice where an Enforceable Undertaking in relation to the breach of the act. Contents of a Compliance Notice It will look at the organisation’s agreement in conjunction with the act. It will look at the following: 1. National Employment Standards 2. Modern award 3. enterprise agreement 4. workplace determination 5. the national minimum wage or 6. the entitlements offered in the agreement[5]

If the party has not resolved the Compliance Notice in the period, a corporate body can face maximum penalty of $16,500 or $3,300 for the individual. Please refer to the appendix section FWO Compliance Notice Policy for more details of a compliance notice from Fair Work OMBUDSMAN. Induction Process 1. Before a new worker is to commence working on the floor, the supervisor responsible for the new worker will provide them with a copy current EBA. 2. Their will be a meeting before commencing their first shift and during this meeting the worker can bring his views and areas of concern with the EBA. These could be meal breaks, overtime and work procedures. 3.

The supervisor will briefly explain the legalisation to the new worker and the rights / responsibilities to the EBA. 4. They must then sign the agreement acknowledging that they understand and acknowledge the work and legal requirements under the EBA. The agreement will have a copy of signatures of management, union representatives that AMWU union representative. The Enterprise Bargaining Agreement (EBA) contains the following: • The Fair work Act • Workplace procedures • OHS legislation • Discrimination laws • Compulsory union membership • Work entitlements (annual, sick leave and superannuation) 1 Communication and Consultation Visy Board must recognise that open communication and consultation are a key element for employees.

As a result, encourages workers to discuss information, ideas and opinions about areas of concern through formal and informal channels with the business. Informal systems Visy Board must promote informal communication and consultation at all levels in the organisation from senior management to staff. All management and supervisors are required to develop appropriate workplace arrangements to encourage feedback on any areas of concern in the workplace. Consultative committees A staff consultative committee selected from union representatives or workers that have been in the organisation for a period of over 5 years and have basic to intermediate knowledge of Industrial relations.

Please note the organisation cannot choose the consultative representatives only staff can decide their representatives on arranging workplace agreements with a union representative if they wish. All management and supervisors must be present in arranging workplace agreements and must implement a consultative committee with staff representatives and union representatives. The consultative committees in Visy Board are to arrange regular consultative meetings with all parties present. All parties including management, staff and union representatives will discuss their opinions and views making suitable workplace agreements. Visy representative can make agenda items on discussing in the meetings. 2 Management

Management must be concerned with the broader scope of decisions than those relating to the workforce. Management decisions in areas of Visy’s function, objectives, goals and business policy will influence management decisions in the industrial relations and workplace agreements. “Labour decisions are generally instrumental decisions for industrial management. The people hired to perform work are viewed by management as instrument to getting the work done. Management decisions affecting them are designed to make employees effective instruments for accomplishing the firm’s primary purposes. In this sense, management’s labour decisions are secondary to other management decisions, “ Dubin quoted

In relations to the function of management must make employees effective in achieving Visy Board’s primary purposes of high production and profitability, remember that management industrial relations decisions are secondary but managers must primarily focused on business policies and procedures set by Head office in Melbourne. The term ‘Management prerogative’ when used in prescriptive sense, means the key areas of decision making in regards to management only and in a descriptive sense shows areas that are in the control of management. Management prerogative defensive strategy means on management’s decision-making and their authority to follow current legalisation requirements. For example, a factory owner and management can make decisions on sufficient number of workers to meet the organisation’s objectives, plan but cannot demand workers to accept their decisions.

On basis of power and control of assets, the owner and management cannot force these new IR strategies with issues related to products / services and the methods of production. They must negotiate with staff on their decisions. The negotiations take time, money with co-operation between management, union / staff representatives are essential. Some topics could be selecting supervisors and workforce planning. ‘Coordination of the bargains among all those who compose the business. ’ Chamberlain definition of the purpose of management Understand that each party whether staff or union representative will want different set of policies and practises and may change the priorities of them. In addition, the organisation must refer to how this will affect their customers with these changes.

Warning unions will affect the effectiveness of the decision making for management. Firstly, unions will look more at making a bargain agreement better for the workers but not look at the how this will affect the operational plan of business. Secondly, during the decision making between management and unions will not be the essential function of management. This essential function is every day process of coordinating the bargaining agreement that is consistent and compatible with all other decisions in organisation and so that the budget is profitable for the business. Three factors to consider in production systems: 1. the use of hired or free labour 2. context of rapidly revolutionising technology, itself influenced in part by employer decisions; and 3. The profit motive – the need to accumulate capital and show a surplus. [6] 3 Training It is a requirement for management to have intermediate knowledge of industrial relations and OHS legislation. If management and other are not as familiar with current legalisation relating to industrial relations they will need either in-house training and may require tare or university courses to fill in the necessary gaps of the organisation. The training will provide information on the following: • Knowledge and understanding of the Workplace Relations Act • AWAs and enterprise or collective agreements Management techniques in establishing effective industrial relations • Recognising the involvement of unions • Grievance and conflict resolution procedures • Negotiation procedures in the bargaining agreement • Developing and Implementing IR policies and procedures The highlighted areas I feel that the organisation should be key focused on improving and require more training. 1 Areas of concern A majority of the factory workers who are staff representatives are uneducated but have extensive knowledge of the workplace. I feel that if these workers and supervisors get the necessary training indicated above will make a more efficient agreement between management and staff.

In addition, management they care for their workers and are offering those better options in the next workplace agreement. Management must acknowledge this training necessary for workers but they must also follow the correct procedures when implementing the plan and review the policies / procedures in the organisation. In the past, the organisation has not made many adjustments to the EBA and the training they require will be to make improvements using the agreement for both the workers and the organisational plan. 2 Organisational commitments When considering the type of training necessary, the organisation must ensure that four important factors are recognised, supported and addressed: 1.

To introduce and promote a learning process for workers is a way to promote staff into other areas in the organisation. The goal of the training and career development should increase production, product quality and identify opportunities for workers career development. 2. Provide the necessary knowledge to meet the organisation’s operational plan and improve customer satisfaction. 3. The organisations strategies and attitudes to workers are identified to be successful. This will bring a higher staff morale and provide benefits to all employees, supervisors and management in their attitudes in the workplace. 4. Everyone in the organisation is committed to objectives and operational plan. 3 Employee benefits

It is important that training and career development should receive professional training and meets the needs of the workers. An employee will attend training and career development if they can see that they can be promoted into management roles or other areas in the organisation. Employees who are successful once the training is completed are: • Recognising the employee’s skills and what they can offer the organisation • Improved and wider scope of skills and qualifications developing a multi-skilled employee and will improve job satisfaction. • It can encourage staff to move into other areas in the organisation with current and future training. Providing nationally accredited training and qualifications through TAFE and university. • Employers will recognise employees contributions to the organisation, and will achieve results with training and career development 4 Employer benefits The benefits that professional training and workplace development in the organisation are: • Ability to understand their workers skills • Staff show more leadership skills and other skills that will improve production, quality and team effectiveness • Better workplace coordination between management and staff • Better communication between management and staff • Workplace agreements that suit the needs of workers and the organisation 5 In house training

Visy Board can offer training in the cafeteria area of the organisation or in the office. It would be best to do it on the weekends for approximately 3 hours on either a Saturday or Sunday for a period of 3 weeks. During the training sessions their will be PowerPoint slides, case studies and discussion topics. An internal trainer and human resources manager who are qualified and experienced in industrial relations. However, this will not be the best option for the organisation to grow and development. It will provide workers with sufficient knowledge of IR policies and procedures but will most likely be in the best interests of the organisation and will not be nationally accredited unlike external training. 6 External training

As mentioned before I prefer train my staff and management at Visy Board Gepps Cross with the course in manage Industrial Relations at Adelaide tafe. I am studying this course at the moment and this particular module and find that I have a much better understanding of Industrial relations. The course offers students with basic to intermediate knowledge of IR policies, legalisation and conflict resolution techniques This may be more costly than internal training however; it will provide staff with more opportunities to move into other areas in the organisation. It will also look provide workers to meet other people from other organisation’s with different views on Industrial relations in the workplace.

The classes will include discussions on workplace relations with classmates and guest speakers from various organisations including a lecturer with extensive knowledge of Industrial Relations in the workplace. 7 Mentoring I feel that union representative in the organisation should be mentors to others in the workplace. The mentoring can be informal and formal discussion with a group or an individual that would like more knowledge in their workplace. Due to Visy Board work environment, a lot of training occurs this way. The informal mentoring would be to establish a close relationship with the staff or individual to promote discussions on the IR practices in the workplace. The formal mentoring between the two would be discussing IR trategies and ways to improve. Senior Managers also need to provide mentoring in the organisation to younger management in the workplace to encourage communication and offer support to make decisions in the workplace. Industrial conflict and Dispute management Unchecked conflicts and grievances can result in high levels of absenteeism, low staff morale, lower production and increasing staff turnover. All management must have the skills to identify grievances or conflicts to manage conflicts efficiently. It important that a person or team of individuals either management or human resources within Visy Board take responsibility to manage industrial conflict.

A formal methodically with policies and procedures for staff to know how to show their concern within the workplace agreement 1 Conflict resolution skills The win / win approach That the worker and managers can work to together to solve the differences in views in the EBA and promote communication. When looking at the conflict adopt a neutral perspective that best suits the organisation and workers. When looking at the conflict looks at the needs over the solutions. Look at the scenario below: There are two people in a kitchen. There is only one orange left and both of them want it. What would you expect as the solution? Compromise is one option. They might cut it in half and each gets half. Let us assume that is what they do.

One person now goes to the juicer and starts squeezing her rather too small orange juice. The other, with some difficulty, begins to grate the rind of the orange to flavour a cake. With determining the needs of the individual, you will find solutions and value their needs, rather than denying them. Even in the scenario above, they feel quite different about the outcome. Questions to ask “Why does that seem to be the best solution to you? ” “What’s your real need here? ” “What interests need to be served in this situation? ” “What values are important to you here? ” “What’s the outcome or result you want? ” Creative response This is to make the problem into a possibility or opportunity.

The individual should be consciously positive, over being negative on how to proceed. It is also saying that you are looking at the best solution to the situation. In this skill, use must adopt the following: • Exploration • Enthusiasm • Let’s take a risk • What are the possibilities? • Everything’s a success • Acceptance • Play • Inquiry • Experiment • How else can we look at this? High self-esteem Showing Empathy Empathy is about rapport and openness with people. With people with low empathy, they are less likely to consider needs and feelings. There are three specific listening activities in different scenarios. These are information, affirmation and inflammation. Information – getting a clear picture

A speaker must want to their information over to the listener and prevent confusion. The listener must confirm and acknowledge what the speaker is saying and making notes on what they are saying. Affirmation – affirming, acknowledging exploring the problem The speaker must discuss the problem. The listener must hear and acknowledge the speakers feelings and views on the problem. Inflammation – a complaint or personal attack towards you The speaker must show that they have a problem and that they are the problem. The listener must take note of everything the speaker is saying and try to calm the emotion. Appropriate assertiveness The key factor is to state your case without making the other person be defensive towards me.

To be successful in this skill you must be true about what you think about the other person’s opinion rather than providing advice to them on what to do and not to do. Make sure the statement is clear about your views and used as a conversational opener. This process is to improve relations with workers. Co –operative power When faced with a meeting between a person and yourself you looks like it could create a conflict, ask open questions to calm down the person. Explore the problems and then re-direct the discussion to focus on positive outcomes. Managing emotions This is a personal reflection on you. You must look at the following: • 5 ???? + 5 goals • Don’t forget where you came from? Don’t deny who you are and what you what to be? • Create positive and diverse range of relationships Please refer to appendix section for five questions to understand where you are coming from. Make sure you identify people with low self-esteem that can be lead into obstructive behaviours. These people will have this faulty belief that this behaviour gives them a place of belonging and significance. How we respond to their personalities can determine how they developed them. To support these people you must support their needs with their obstructive behaviour. Also, look at ways to interact with them in different environments. Willingness to resolve You must suppress your needs for companionship and look at yourself when posting meeting friends as planned. • Unresolved personal history • Unacceptable qualities e. g. learning to control your anger and I don’ accept it in others. Mapping conflict Defining the problem, conflict that all would agree on and that doesn’t mean that all parties agree upon and inviting yes or no answers. • Write down each person’s or parties needs, what motivates the person? • Write down each person’s or parties fears, concerns and issues. As the Human resources manager must change the statement of the concern, as your understanding of the concern will be resolved with discussion or write the concern with other related issues that arise.

Each person can openly express his or her issues and feelings on the conflict. • Details: look and determine the reasons for the conflict. You must clarify misinterpretations and identify relating issues. • Where are the parties now? Identify areas of agreement. Promote staff and management to strive to success and to the future. • Meeting a common ground and negotiation with the individual Hold discussions on what they need and want and develop ways to make both parties happy. This is a win a win for everyone in the organisation. • Completion: Implement plans for the future to prevent the conflict. Include in the plan an appointment time to review the agreement. Broadening perspectives

You must understand that everyone is different and has different opinions that as a collective may be the same as others. These different opinions can open new opportunities for the company. Look at how the conflict and the people involved will look over a long period. The extended period can be more realistic to determine an effective solution. Analyse the whole organisation and consider what actions steps you need to take. In addition, who will be involved in resolving the conflict. For more information on the conflict skills click on the following link http://www. crnhq. org/pages. php? pID=12#skill_1 . 2 Grievance procedures Both Certified and Australian workplace agreement must contain a grievance procedure.

When implementing a grievance procedure, you must ensure that it’s procedurally and considerate to all parties of interest, in order to meet the state and federal Industrial Relations Commissions legalisation. Complaints provide an excellent opportunity to resolve high-risk conflicts and maintain productivity. To handle grievances with sensitively, compassionately and is taken seriously. An individual can’ t gets a fair representation when their complaint dismissed as rivalry, time wasting or irrelevant to the workplace and the agreement. 3 Legal requirements • The grievance procedure must be documented, clear and easy to understand to all parties. This includes with putting on the company’s website, intranet and meetings with staff and management • The Human Resources team must be user friendly and authorised by all parties of interest.

These are management, union and staff. • Include a time limit of how long the period is of grievance settlement • Include that all grievances will be handled fairly, privately and free of unfairness in its procedures. • Provide a range of various ways for people to feel comfortable with expressing their grievance • Identify the steps to handle the situation, whose responsibility to take them and ways to solve the grievance at the lowest level possible. 4 Grievance resolution strategies 1. Provide that all parties are able to access support for grievance. This includes lawyer, physiologist, interpreters (in the primary language spoken) and union representation. 2.

Determine the types of solutions that are realistic and ensure that grievance solutions followed in a similar procedure. 3. Only look and investigate relevant information, especially where the grievance could determine a disciplinary action on the individual. 4. When disputes occur you must specify where each dispute is storage and what personnel have access to them. 5. Provide an organisational appeal system, and provide external information on sources of advice, should the individual be unsatisfied with the organisation’s grievance procedure or resolution. 2 Negotiation process The negotiation process has five main stages that are can vary depending on the conflict. Look below to see the negotiation process. [pic] 1 Preparation

Before meeting with staff and union representatives or the individual, the HR manager must address the following: • Provide facts on wage and condition surveys and provide a cost of living data to support the argument • Must have a fair understanding of the objectives of negotiations, and acknowledged and agreed upon by other members of negotiating team and floor management • That the budget to allow for all union or worker demands and a have knowledge of the impact on the organisation’s assets and expenses. This process is complicated and may require organisational and human resources specialist outside of the organisation. It also is a lot of hard work and is time consuming. 2 Initial demands The first meeting must clarify the needs and wants of each party. The amount of resistance or cooperation shown by the union and management will determine their contributions to the negotiations. It’s advised that resolving easy issues first will improve the cooperation and agreement. Finding solutions to less controversial issues can gather more depth in the areas of major conflict.

All parties need to make sure that all matters including sex discrimination, unfair dismissal are not a minority or ignored. Please refer to the appendix section the Manufacturing Industry award 2010 this shows all essential knowledge that HR should know and refer to including the current EBA. 3 Negotiation Once the opening statements have made announcements forward, all parties determine the strategy to get what they want and what it requires. This is in which management and union representative are willing to negotiate and comprise in the bargaining zone. Each party will differ in their attitudes, behaviours to tolerance limit to negotiate, however all parties must make a compromise to agreement upon and avoid a deadlock. Pay increase |22 | | | |20 | | | |18 |( Preferred by union | |Organisation’s tolerance limit ( |16 | | |Acceptable to organisation ( |14 |( Acceptable to union | | |12 |( Union’s tolerance limit | |Preferred by organisation ( |10 | | | |8 | | | |6 |Bargaining zone | 4 Deadlock A deadlock results when all parties haven’t reached an agreement. In a deadlock, the parties will force confrontations on each other and try to force a concession and breach the agreement. Union can increase its negotiating power by: • Militant unions increase their influence through membership solidarity via closed shop.

This however is illegal but these unions in the past have put pressure on organisations to accept their terms in the agreement. • Gathering funds for an industrial strike • Seek support from other unions and stakeholders • Introduce public relation campaigns similar to the TV ads that the AMWU before the Howard Government introduced workchoices. Management can increase its negotiating power by” • Using different workforce including labour hire, new contract workers • Threatening staff of redundancy and lesser entitlements • Introducing high performance HR policies and procedures Unions members may strike, introduce work bans, be less productive to pressure an agreement with the organisation.

The organisation can shut down the plant, lock out the union or look at a civil court injunction to prevent the union from taking industrial strikes and other activities. If there is still a deadlock both parties may require tribunal representative to settle the dispute and make a solution. 5 Agreement An agreement must been agreed upon by both parties who feel that their needs and wants are meant. Unions will hold a meeting with staff and present the agreement to its members for approval; management will submit the agreement to the Visy’s board of directors. Once all parties approve this , the agreement is then approval by the industrial relations tribunal for registration.

At the end of the process, the collective agreement will become an industry award specific to their workplace. Keeping IR policies and procedures update It’s essential that industrial relations polices meet the needs of staff work and personal life. Of course, different individuals will want different needs and require various solutions to meet them. Here are four steps on how to update your policies and procedures in Visy Board: 1. identify your staff and work requirements 2. research the industry for entitlements 3. research the benefits of balanced lifestyle policies for Visy 4. Consider what type of arrangement you wish to negotiate Identify your staff and work needs What are the problems with working shift work for all employees? Review and find solutions for high numbers of absenteeism, work cover incidents on floor. • Who are the workers who have the experience and knowledge of the workplace and Industrial relations? • Look at the workers productivity, quality reports and training and see if there are areas to improve. • From the information gathered what will be the impact of these new changes to the workplace? Research the industry for entitlements Research Visy Board and see what work – life balance policies: • Speak to the human resources manager / floor shift managers on looking at the current EBA. Also hold discussions with the workforce on their views on the current EBA and ways to improve it. • Go to the fair work act website and other resources to find the minimum entitlements that the organisation can offer it works and research other organisation to see what they offer. Research the benefits of balanced lifestyle policies for Visy • Look at organisation’s productivity, quality and staff movement reports before anything • Look at whether it would be better to exclude rotating shifts have day and night shift • What will be the outcomes of introducing these new benefits to the organisation? Consider what type of arrangement you wish to negotiate

Visy Board currently doesn’t have any work life balance policies or practices in its organisation to its shift workers. I advise that Gepps Cross plant staff, management negotiate a future agreement that suits the organisation and what its workers needs. There are three forms of arrangements: • Informal arrangements: These aren’t generally legally binding however parties can consider taking legal action. Problems with these arrangements are that employee is not aware employee’s lifestyle and negotiation between management and staff. • Formal policies that will lead to a collective agreement: these are policies are documented in the agreement and must follow by all workers and management. These are legally binding that all parties must sign by all parties. Formal agreements registered or approved by an authority or union: The most common for the organisation are Federal collective the Workplace Authority must lodge agreements (egg Greenfield agreement) and an Employee Advocate must approve Australian Workplace Agreements. 1 Resources for the Industrial Relations • Awards online is a website that provides all the necessary information on industry awards. The website includes details on pay rates, award conditions and leave entitlements • For information on all changes to South Australia and Fair Work act legalisation please go to http://www. safework. sa. gov. au/show_page. jsp? id=2598 .

The SafeWork SA provides information on changes to industrial awards and updates on changes to wages and conditions. • Look at the South Australian Industrial Relations Tribunals website can provide information on the state Fair Work Act 1994 legislation, current awards and looking at other agreements with other companies. • Refer to ABS on statistics on production, manufacturing quality and employment trends. This may help the organisation get a better understanding of improve the agreement between staff and management. • The Australian Government – Department of Education, Employment and Workplace Relations website offer latest news on new legislation relating to industrial relations for Visy.

It also provides links to the Fair Work Australia, Ombudsman and the Australian Industrial Relations Commission. 2 Reviewing the current EBA and establishing new policies When reviewing the EBA things to consider in your new EBA our: • Actual and desired level of worker productivity • Actual and desired level of worker skill • Actual and desired level of training / development available to employees • Actual and desired level of conflict, such as absenteeism, strikes and turnover • Actual and desired level of opportunities available to employees in the areas of career progression • Actual and desired level of flexible work arrangements Industrial relations issues |Proposed industrial relations solution in new collective | | |agreement | |Actual and desired level of worker productivity |Job analysis | | |Workforce planning | | |Analyse w

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