A good vision will not just give your employees much-needed direction but also much-valued inspiration to do their work efficiently."Pooja Agnihotri
In this topic, you will learn how to keep up to date with legislative requirements and changes to employment laws. You will also look at how to communicate the organisation's employee relations and industrial relations procedures to relevant stakeholders to be aware of the compliance requirements.
By the end of this topic, you will understand:
- the definition of employee relations and industrial relations
- the best way to source and share applicable information
- how to identify specialist information
- the process to follow when communicating the organisation's ER and IR procedures.
Let's begin by looking at the definitions and differences between Employee Relations and Industrial Relations.
Employee relations is defined as the relationship between employees and employers. This area covers a broad range of subjects, focused on the behaviour and interaction of people in the workplace.
Building a solid employee relations strategy involves creating a positive environment where employees strive to do their best and a positive workplace where staff are happy to work. The employer's responsibility is to effectively manage employee relations within the organisation and continually improve the relationship between the employers and the employees.
Industrial relations are often referred to as the management of work-related obligations and entitlements between employees and their employers. In Australia, the workplace relations laws are enacted by the Commonwealth Parliament, and the role of the Fair Work Ombudsman is to assist employees, employers, contractors and the broader community in understanding their workplace rights and responsibilities. It also enforces compliance with Australia's workplace laws.1
Many disputes and complaints can occur when there is a negative relationship and interaction breakdown between employers and employees. This may lead to legal action by the employee. Every organisation must have relevant policies, procedures, plans, and processes to deal with these complaints and disputes.
Further reading
For more information on workplace relations, visit the Australian government website.
Read All You Need to Know about Employee Relations to learn about employee relations.
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Employee and industrial relations strategies should improve employee relationships with the organisation.
The organisation can implement various employee relations strategies according to its objectives. They must outline the organisation's efforts to build, strengthen, and maintain the relationships between employees and employers.
For those employees in support positions, assisting others in dealing with ER and IR conflicts and issues, the relevant and applicable legislation, agreements, policies and procedures must be sourced and shared with the relevant stakeholders.
It includes relevant legislation, agreements, policies and procedures, such as:
- Equal opportunity and diversity (EEO)
- Parental leave policies
- Employment contracts
- Enterprise agreements and workplace agreements
- Industrial awards, orders and decisions
- Industrial relations legislation
- Reasonable adjustments for workers with a disability
- Work Health and Safety policies
- Codes of Practice
Important to know!
The Fair Work Act 2009 is important legislation to understand. The Act:
- provides a safety net of minimum terms and conditions of employment.
- allows for enterprise bargaining underpinned by bargaining obligations and rules governing industry action
- enables flexible working arrangements that best meet the needs of both workers and employers
- protects against unfair or unlawful termination of employment.
States and territories generally will be covered in part by the Fair Work Act 2009 but will also have their own industrial/employee relations legislation.
Workplace conflicts can occur in any size or type of organisation and at any time. Causes can include:
- miscommunication of roles and objectives
- differences in opinions
- personality clashes.
For ongoing positive employee relations, the organisation must ensure that they have policies and procedures that swiftly deal with conflict in the workplace. The organisation should have conflict resolution procedures that deal sensitively and confidentially with any dispute between the parties.
The organisation must avoid any emotional stress associated with the conflict and provide a safe and trustworthy process that assists those involved in the debate.
National Workplace Relations System
The Fair Work system sets out the Australian workplace laws and various workplace legislation. The framework provides minimum terms and conditions of employment and a system that allows enterprise bargaining and provisions for individual workers and employers to organise flexible work arrangements that meet their needs.
According to the National Employment Standards (NES) Fair Work Act 2009, eleven minimum employment entitlements must be provided to all employees.2
National Employment Standards (NES)
- Maximum weekly hours
- Requests for flexible working arrangements
- Offers and requests to convert from casual to permanent employment
- Parental leave and related entitlements
- Annual leave
- Personal/carer's leave, compassionate leave and unpaid family and domestic violence leave
- Community service leave
- Long service leave
- Public holidays
- Notice of termination and redundancy pay
- Fair Work Information Statement and Casual Employment Information Statement
Further reading
Find out more about the National Employment Standards - Fair Work Ombudsman.
Find out more about the List of awards - Fair Work Ombudsman.
A policy is a statement that supports how an organisation's human resource management issues are handled and dealt with. It outlines and sets the performance and behaviour standards and expectations employers have of their employees.
A policy communicates the organisation's values to its employees. Policies are essential to organisations because they provide:
- Consistency and fairness.
- Compliance with legislation.
The following are some examples of workplace policies and procedures that relate to employee relations and industrial relations:
- Recruitment, selection and onboarding
- Employee code of conduct
- Health and safety
- Non-smoking Policy
- Drug and alcohol policy
- Anti-discrimination and harassment
- Grievance handling
- Complaints
- Discipline and termination
- Use of internet and email
- Using social media
- Misconduct including theft and fraud
The various policies usually set out the Policy's aim, explain why the Policy was developed and identify to whom the Policy applies. It clearly outlines acceptable or unacceptable behaviour, describes the consequences of not complying with the Policy and procedures and provides a date when the Policy was developed or updated.
One of the best ways of supporting employee and industrial relations in the workplace is to keep communication open and share the applicable legislation, agreements, policies and procedures with relevant stakeholders.
Keep all stakeholders informed of any upcoming ER and IR legislative changes that may impact them.
Watch the following videos that provide information on the Fair work Commission, including the role of the Fair Work Commission in workplace harassment.
Identify Specialist Information
The purpose of workplace relations in an organisation is to ensure:
- a stable workplace
- employees and employers work in harmony.
Effective employee relations strategies and practices result in high performing, motivated, happy, committed and loyal employees.
As part of your role to support the preparation of any employee and industrial relations processes, it is essential to identify various specialist information and sources where expert advice and information can be obtained.
Some of the critical sources of expert advice and specialist information may be obtained from:
- Fair Work representatives
- Industry bodies (for example, Australian Human Resources Institute – AHRI)
- Lawyers
- Mediators
- Unions
- Anti-discrimination boards
- Employer associations
- Diversity councils
- Industrial relations expertise, including:
- Industrial relations consultants
- Industrial relations and employment lawyers
- Industry chambers of commerce
- Human resources officers and managers
- Workplace relations telephone advisory services.
For example, the Fair Work Commission sets award pay rates and conditions and helps employers and employees work towards cooperative and productive workplace relations. The Commission helps with unfair dismissal and sexual harassment, actively supporting workplaces to prevent disputes and helping resolve them when they occur. In comparison, the Fair Work Ombudsman provides free advice and education to employees and employers.
Further Reading
To read more information about workplace relations: Industrial Relations.
To read about workplace advice: Workplace Advice
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