Workplace IR and Employee Relations

1. Workplace IR and Employee Relations The Key features of the Australian IR System The Terms and the Parties

2. The Terms –Industrial Relations • The government-regulated interaction between employers and their representatives with employees and their representatives in pursuit of their respective objectives. • Alexander & Lewer 2004, p8

3. Industrial Relations A ‘traditional’ or old fashioned approach Focus is at the macro level, although is also involved at the micro level Emphasises the differences between mgmt and workers Encourages the involvement of unions Focuses primarily on conditions of employment Is seen as a reactive model Employee Relations Is a contemporary approach Focus is a the micro level The notion of mgmt and employees working together Sees a lesser need for unions Concerned with a broader array of issues (eg child care centres for employees Is touted as strategically directed Industrial Relations versus Employee Relations

4. The Parties

5. Employer Organisations • Groups of Business Enterprises which have combined to pursue common goals

6. Employer Organisation Aims and Objectives • To promote industry, trade and commerce; • To promote unity of purpose and action by employers in all matters effecting their welfare and interest; • To improve relations between employers and employees; • To represent employers, industry, trade and commerce before any courts, tribunals, commissions or committees; • To represent the interests and views of employers, industry, trade and commerce at government level. There are two categories of Employer Associations!

7. Categories of Employer Organisations • Industry Associations: • Represent the interests of employers in a particular industry. • Example: Members of the Printing & Allied Trades Employers Federation of Australia. • Umbrella Organisations: • Usually smaller companies and industry associations join these umbrella organisations because they do not have the resources necessary to provide full industrial relations and other services. • Example: Australian Industry Group – members are from a diverse number of industries.

8. Services provided by Employer Organisations • Industrial Relations • Specialist who are up-to-date with laws, awards and regulations that affect businesses, such as Long Service Leave &, Workers Compensation • Bargaining power to influence the decision making processes of other parties in the IR system. • OH&S: Implementation of safety laws and procedures • Human Resource Management • Information on wages, over-award payments & Super • Training & Development: Develop and deliver training. • Commercial Services: Provide advice on Trade Practices Act • Apprenticeships: Provide indentures, training, and apprenticeship cancellation.

9. Unions • Associations of workers that have joined together to protect and better wages, hours of work and conditions of employment. Better wages & conditions

10. Unions • Unions are based on the idea that a group of workers will be stronger than individuals • Unions are seen to have a legitimate role in any democracy. • Unions are representatives of the collective interests of their membership. • Unions must be registered under relevant legislation to participate within the system of Arbitration and Conciliation.

11. Union Aims & Objectives • Improved Economic Conditions • Shorter working hours, increased pay, annual leave • Improved Working Conditions • Physical working conditions: breaks, amenities, safety • Workers compensation, union takes on employee claim • Security of Employment • Protection against arbitrary or discriminatory dismissal • Act of employees behalf should redundancies occur. • Affiliations • Affiliation with other bodies to provide better services • Services to Members • Welfare, legal, recreational outlets, credit unions • Political Aims

12. Workplace, plant or shop Employees find about unionism relevant to their jobs. A representative is elected as a spokesperson who is the ‘go-between’ management the union District or regional Sub branches and Organisers coordinate activities at an organisational level. State Branch head offices for each state, manage overall state issues Federal Consists of a representative council (elected by members) make union policy Nationally Example, the Australian Council of Trade Unions (ACTU) help affiliated unions: Settle disputes Present submissions to the National Wages Case hearings Federal Union Structure

13. Government • Legislative Power - Parliament • Used to make, or to enact laws or statutes • Executive - Government • Is allocated to the Prime Minister and to Ministers who through the Governor-General are ultimately responsible for the execution or implementation of the laws • Judicial Power- Courts • Is given to the High Court and the systems of courts in order to interpret and enforce SEPARATION OF POWER Each ‘Power’ is generally regarded as separate. That is, those responsible for making laws do not have the authority to enforce them.

14. The Parties

15. The Doctrine of Separation • The doctrine (simply put) states that each function is distinct from the other • There are meant to be three separate and independent functions • The Govt is not meant to meddle or try to influence public servants in the execution of their duties and they are not meant to influence judges in the conduct of cases before them • The Govt can change laws they don’t like • Govts can make laws prescriptive and limit the powers of public servants and judges (example mandatory sentencing)