1. CHAPTER 6
WORKPLACE RELATIONS

2. Workplace relations
Workplace (industrial) relations refers to the total relationship between employees and their employers.
Positive workplace relations optimise workplace productivity and increase business competitiveness.
Workplace relations is a key responsibility of the HR department.

3. Workplace relations

4. Workplace relations
Workplace relations in Australia has changed significantly since the 1980s.
The labour market is now more deregulated and flexible, which makes it easier for employees and employers to negotiate wages and entitlements, as well as settle disputes, without a third party.

5. Participants in Australian workplace relations
There are four main participants in workplace relations: employees and unions; HR management and employers/employer associations; government; and Fair Work institutions.

6. Participants in Australian workplace relations
A trade union is a group of employees in a particular industry that organise to protect their common interests.
The Australian union movement has made a significant contribution to work conditions, including advocating for annual leave, pensions, maternity leave and parental leave.

7. Participants in Australian workplace relations
Employer associations are groups of employers who unite in a similar way to trade unions. There are three types of employer associations:
Industry associations
Professional associations
Broad-based or peak bodies

8. Participants in Australian workplace relations
HR managers play a crucial role in ensuring productive workplace relations.
They are normally trained and experienced in activities relating to workplace relations, and liaise with employees, managers and other departments to create a productive workplace.

9. Participants in Australian workplace relations
The federal government plays a significant role in workplace relations. Legislation passed by the government controls most aspects of how workplace relations operates, an elections have been won and lost on this issue.

10. Participants in Australian workplace relations
The Fair Work Act 2009 sets out the framework for workplace relations in Australia. The legislation established three bodies:
Fair Work Commission
Fair Work Ombudsman
Fair Work Division of the Federal Court and Federal Circuit Court of Australia

11. Participants in Australian workplace relations
The way wages and conditions are set is outlined in the Fair Work Act 2009.
Wages and conditions can be determined by an award, enterprise agreement or through an individual employment contract.

12. Participants in Australian workplace relations
The National Employment Standards (NES) are 10 entitlements that must be provided to every employee in Australia as a minimum.
The NES covers things like maximum working hours, leave entitlements and redundancy pay.

13. Participants in Australian workplace relations
Awards apply to certain industries and set minimum wage and other entitlements.
Awards do not apply when a business has an alternative registered agreement, but they do serve as a guarantee of the minimum age and entitlements.

14. Participants in Australian workplace relations
Enterprise agreements are made between an employer and two or more employees and their representative (often a union representative).
Wages and conditions are negotiated, and any agreement must be approved by a majority of employees it effects, as well as the Fair Work Commission.

15. Participants in Australian workplace relations
Individual employment contracts are between an individual and their employer.
An individual employment contract must not provide wages and conditions that are less than the NES or any relevant awards or enterprise agreements.

16. Workplace conflict and dispute resolution
Disputes and conflicts arise in all workplaces. Dispute resolution processes need to be in place to resolve these issues.
Large workplace disputes are often fought over pay and conditions, but can also arise from workplace bullying and the need for disciplinary action.

17. Workplace conflict and dispute resolution
When a collective agreement is being bargained or renegotiated, the parties have the option of industrial action.
Industrial action is a form of protest where the employees or employer take certain actions to increase their bargaining power.

18. Workplace conflict and dispute resolution

19. Workplace conflict and dispute resolution
Ideally disputes are resolved within the workplace via a dispute resolution procedure. If this does not resolve the issue, both parties can apply to the Fair Work Commission for arbitration or a court decision.
To prevent disputes from escalating, managers need to adopt participative management practices and be skilled in communication and negotiation.