unit 3 aos2 business kk8,9,`10

Human resource manager

are individuals who coordinate the relationship between employees and management within a business.

Human resource manager function in relation to retirement

-hr needs polocies in place to deal with retirement issues. management should recognise that retirement is a huge step in the life of an employee action should include

- monitoring when people are due to retire
- consult with employees about a suitable retirement date

- conduct pre retirement training in relation to superannuation,investments insurance in addition to social security/pensions

retirement entitlements

- employees are entitled to any accrued benefits e.g annual leave and long service leave

- the business is entitled to give notice that an employee is retiring

retirement transition issues

- allow employee to gradually transition in retirement e.g gradually reduce work hours/which will assist for sucession planning

- provide advice or couselling (lifestyle and financial)

Entitlement considerations

are legal obligations an employer owes to its employees following the termination of their employment contract.

Transition considerations

are social and ethical practices that a manager can consider implementing when terminating employment.

workplace relations

- the relationship and communication shared between employees and their employer, especially in areas such as wages employment conditions and workplace disputes

Why is workplace relations important

provide a positive relationship between employees and their employers where employers are satisified with wages and employment. workplace relations helps to ensure disputes are minimised and/or resolved fairly within an organisation allowing the business to remain productive and profitable

Human resource manager role

human resource managers are individuals who coordinate the relationship between employees and management within a business.

human resource manage role expanded

recruit, hire,train and terminate employees
- hire candidates with the required qualities and skills to assist the business in achieving its objectives
- provide employees with appropriate training to maximise their peformance

negotiate with employees and their representatives
- represent the business when developing employee wages and working conditions in an agreement

ensure that minimum legal requirements are met
- make sure that minimum pay and working conditions as outlined in the relevant industry award, are met and upheld by a business

hrm role within workplace relations (hrm managers the relationship between employees and employers)

negotiation with employees and/or representatives (unions) regarding workplace relations issues

participation in the dispute resolution process

responding to workplace relation queries from employees and management

employees

Employees are individuals who are hired by a business to complete work tasks and support the achievement of its objectives.

employees roles examples

follow and understand workplace and safety procedures
- have an awareness of their responsibilities within the workplace
- have an awareness of occupational health and safety procedures that are communicated to them

complete tasks with proper care and diligence
- complete set tasks with the aim of contributing to business objectives
- ensure their actions reflect the business values while working

avoid misusing confidential information
- keep sensitive and confidential information within the business

employer associations

Employer associations are advisory bodies that assist employers in understanding and upholding their legal business obligations.

employer associations role examples

share information
- actively make employers aware of any new policies, laws or regulations which must be taken into account by the business
- assist employers in approaching other businesses and building relationships

provide support
- listen to the concerns of employers and offer management advice

provide advice
- Encourage employers to communicate strongly with their employees when making changes at the business
- assist in creatingg policies that appropriately align with a business's objectives

unions

Unions are organisations composed of individuals who represent and speak on behalf of employees in a particular industry to protect and improve their wages and working conditions

unions roles examples

epresent employees and negotiate new wages and conditions on behalf of their memebers
- communicate the concerns and desires of employees to employers during collective bargaining, with the aim to protect and imrpove wages and conditions

seek better wages and work condition on behalf of employees
- actively provide employees with resources and tools to communicate their needs to employers
- push for improvements in wages and conditions outlined in a business enterprise agreement

protect job secuirty and integrity of employee contracts
- respond to any concerns of issues raised by employees related to their wages and work conditions
- ensure that employers are upholding their legal requirements

collective bargaining

the process by which wages, hours, rules and working conditions are negotiated and agreed upon by a union with an employer for all the employees collectively whom it represents

fair work comission

The Fair Work Commission (FWC) is Australia's independent workplace relations tribunal that has a range of responsibilities outlined by the Fair Work Act.

fair work commission role examples

set national minimum working standards
- revise and update national employment standards (NES)
- the FWC sets11 NES that all employers must comply with or exceed

act as an artibitrator
- make a legally binding decision during artibiration after hearing arguements from both parties of a dispute

act as a mediator
- facilitate conversation between disrupting parties in a workplace to assist them in coming to a resolution whilst offering no opninions on the dispute

how does fair work commission deal with disputes that arise between employees and employers

enterprise agreements
- eneterprise agreement must include a dispute resolution clause within the agreement

- if this is implicated the FWC is able to settle the dispute between the employer and employee

- the comission settles the dispute via mediation or conciliation through a provided service with the FWC

- an independant mediator helps bring the two parties to an agreement which is both mutually accepeted

- if mediation/concilation fails both parties need to agree for the fwc to undertake the dispute resolution through arbitration. where the FWC listens to both sides of the case and makes a decision which is legally binding

employees role

the role of the employees in the workplace is to perform their tasks as outlines in the terms and conditions of employment in their employment contract

Human resource manager role

the role of the human resource manager in the workplace is to act as a negotiator between the needs of the employer and the needs of the individual. Their role is to allow communication to occur between the two parties and to seek resolution if there is a disagreement between the two parties

employer associations role

the role of employer associations in the wokrplace is to act as a supportive and advisory body for business employers as they seek to negotiate the terms and conditions of employement with their employees

unions role

the role of unions in the workplace is to act as a supportive and advisory body for employees as theyy seek to negotiate the terms and conditions of employment with their employees

fair work comission role

the role of the fair work comission in the workplace is to act a an independent third party in the workplace relations as australias national workplace relations tribunal. It is an independent body with the power to carry out a range of functions including providing a safety net of minimum conditions inclduing wages and making employee agreements

awards

industry specific documents that outline the minimum wages and conditions for a specific industry as set by the fair work commissio

advantages of awards

- awards establish the minimum wages for employees and can be cost effective allowing a business to minimise its labour costs whilst remaining compliant with the law

- transparency and equality between employees is maintained as they all recieve the same wages and conditions as set out by their award

- employee wages and conditions are determined by the FWC, therefore implmenting awards minimises the time taken to create individual employment contracts or negotiate an eneterprise agreement

disadvantages of awards

- employees may be unsatisfied by only receiving the minimum wages and conditions

- employees may leave the business to find employement with a higher pay rate than their current award causing an increase in staff turnover

- generalised industry awards offer limited flexibility for different business models and therefore impact a business's ability to meet its objectives

agreements

Agreements (also known as enterprise agreements) are legal documents that outline the wages and conditions of employees and are applicable to a particular business or group of businesses.

advantages of agreements

- a business may attract highly skilled and talent employees if it is paying wages that are above the industry average

- can imrpove employee satisfaction and performance as they recieve wages and conditions better than the relevevant award

- businesses have greater flexibility when setting wages and conditions allowing the business to better meet employee needs and objectives

disadvantages of agreements

- agreements can be more costly than following an award as the wages and conditions of an agreement must improve upon those of the relevant industry award in order to satisfy better off overal test

- it can be time consuming process for employees and employers to negotiate and establish the entitlements contained in an agreement.

- employees who cannot gain representation from unions may be exploited by employers as there may be a power imblanace between the employee and the business

similarities between awards and agreements

-Both awards and agreements are legally enforceable documents that outline employee wages and working conditions.

- both are legally bidning and enforceable once agreed upon and approved

- Both awards and agreements must comply with the minimum standards set by the National Employment Standards(NES).

- Disputes arising from both awards and agreements are resolved by the Fair Work Commission (FWC).

differences between awards and agreements

- Awards apply to an entire industry and are created by the Fair Work Commission, whereas agreements are negotiated between employers and employees and apply to a specific business.

- Agreements must ensure employees are better off overall compared to the relevant award, while awards only set the minimum standards.

- Employees may not always be directly involved in the creation of awards, whereas agreements involve voluntary negotiation and often include employee representation.

- Awards provide standardised wages and working conditions across an industry, whereas agreements allow for flexibility to suit the needs of a particular business.

types of awards

Industry-wide awards:An industry-wide award is a legal document that sets the minimum wages and working conditions for employees in a particular industry. Awards are reviewed by the Fair Work Commission (FWC) to ensure they remain relevant to the current economic climate, and employees cannot be paid or receive conditions below those stated in the award.

types of agreements collective agreements/enterprise agreement

Collective (enterprise) agreements:A collective (enterprise) agreement is a legally binding agreement between an employer and a group of employees made for a specific workplace. These agreements are reached through enterprise bargaining, which involves negotiation between the employer and employees (or their union), with the goal of reaching an enterprise agreement.

types if agreements individual contracts

Individual contracts: An individual contract is a legal agreement between an employer and a single employee that outlines wages and working conditions for that individual. An employee can sign a contract with their employer, but wages and entitlements must be equal to or better than those in the relevant award or enterprise agreement, and any disputes are resolved through the courts rather than the Fair Work Commission.

national employment standards

the fwc act 2009 sets out 11 minimum employement entitlements known as the national employment standards a copy of which must be provided to all employees

individual employement contacts

is a legal contact that can be signed by an individual employee with their employer regarding wages and conditions

- any disputes that cannot be resolved will be settled through the courts

advantages of collective/enterprise agreements

- enables employers to know what employees want (win - win situation

- protected by the FWC (atleast they wont go below minimum standards awards)(employees)

- more bargaining power: unions (employees)

disadvantages of collective/enterprise agreements

- time consuming (more than award)

- causes conflict between employer and employee due to ongoing negotiation

- although an employee has a certain degree of protection they dont get as much as an employer under an industry wide award from the FWC

individual contracts advantages

- can be tailor made to their own qualities (employees)

- work more productively by putting in targets specific for them

individual contracts disadvantages

- time consuming (than collective)

- creates competition, favouritism, confrontations etc

- not alot of bargaining power especially if inexperienced (employees)

similarities between awards and enterprise agreements

- both approaches must comply with the 11 national employement standards

- both involve the FWC (awwards set by the FWC and agreemnets must be approached by the FWC)

- both are legally binding and eforceable once agreeed upon and approved

- both outline the wages and conditions of employement for employees in the business

differences between awards and enterprise agreements

- awards are established by the FWC whereas agreements are negotiated through enterprise bargaining

- agreements provide more flexibility where productivity gains can be rewarded with improved wages and/or conditons whereas productivity gains cannot be negotiated in awards

- awards cover all employees in a particular industry whereas agreements cover a group of employees at a particular workplace

- awards set the minimal wage and conditions for the industry whereas an enterprise agreement will often include wages and/pr conditions that are higher than those in the award

collective/enterprise agreements

is a workplace agreement between an employee and a group of employees

- once agreed on, it is sent to the FWC for approval

dispute resolution process strike

when employees refuse to come to work or refuse to perform the tasks required for them to undertake within their occupation. A strike is often organised by the union of the industry. This may occur when there is a dispute amongst employees and their employers

purpose - to enforce employers to fufil terms and conditions of employment such aas wages,working hours,additional requireed staff and assistance programs

dispute resolution process lockout

this occurs when the employer is in dispute with their employees. This may be due to employees not working towards expected or undertaking expect tasks. Lockout is where the employer locks employees out of the workplace

purpose - to enforce the terms and conditions set within an organisation with the conflict/dispute evident

dispute resolution process

A dispute resolution process is a series of steps that disputing parties follow in order to resolve a disagreement and reach a resolution.

mediation

Mediation involves an impartial third party facilitating discussions between disputing parties to help each side of the conflict reach a resolution themselves.

advantaves of mediation

- it is less expensive than more formal dispute resolution process as it usually occurs in an informal setting

- both disrupting parties have control over the final decision meaning they are more likely to be satisifed at the end of the resolution process

- when parties reach decisions together it promotes positive working relationships for the future

disadvantages of mediation

- if a final decision is not reached the process can be a waste of time

- there may be an unbalanced power dynamic between employees and managers, meaning employees could be coerced into accepting a resolution that they do not agree with

- mediation does not always result in a legally binding decison meaning parties could go back on their agreement in the future

arbititration

Arbitration involves an independent third party hearing arguments from both disputing parties and making a legally binding decision to resolve the conflict.

dispute resolution process

is a series of steps that disputing parties follow in order to resolve a disagreement and reach a resolution.

resolution process

1. both parties must try and resolve it within the business, dicussion between disrupting parties

2. if not resolved an independent third party can step in and facilitate the resolution process

3. the ITP will attempt through mediation by encouraging conversations

4. if not resolves then it goes to arbitration

advantages of arbitration

- it gurantees that a final decision is made by a third party enabling a business to move forward from a dispute

- the final decision is legally binding which prevents the occurence of the same dispute between the two parties

- employees are not coerced into agreeing to a resolution as the likelihood of a power imbalance between disrupting parties is reduced

disadvantages of arbitration

- employees have reduced control over the final decision and therefore may be unhappy at the end of this process

- the process of hearing both sides of the dispute in an external court like setting is time cosnuming for both parties

- is the most expensive dispute resolution process due to the costs incurred from conducting hearings

similarities between mediation and artibition

• both methods require an independent body or individual to be involved in resolving the dispute.

• Both methods are more formal than resolving disputes within a workplace without a third party.

differences between artibition and mediation

• Arbitration involves an independent third party making the final decision, whereas mediation involves an impartial third party who assists the disputing parties but does not make the decision.

• Arbitration guarantees a final decision that is legally binding on the disputing parties, whereas mediation does not guarantee that the parties will reach an agreement and any agreement reached is not legally binding.

• Arbitration gives the disputing parties no control over the final outcome because the arbitrator makes the decision, whereas mediation gives the disputing parties control because they negotiate and agree on the outcome themselves.

• Arbitration is a more serious and formal method of dispute resolution, whereas mediation is more informal and allows the parties to communicate and work towards resolving the dispute.