BSBWRK411

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BSBWRK411A Support employee and industrial relations procedures Assessment Task 1 – Written Question You will be examined on the following questions and will have up to 1 hour to write down your answers. This is a closed book examination. To be assessed as competent for this assessment, you must answer all questions correctly. If your assessor finds that you have not completed one or more questions successfully, your assessor will discuss reassessment options with you. You may need to redo all or part of the assessment. 1. Identify one reason why organisations collect equal opportunity data? The collection of data benefits organisations in identifying the current representation of employees from diverse and minority backgrounds. The information also assists in developing and implementing fair and equitable policies and strategies to meet the needs of all staff within the organisation 2. What type of questions would you find on an Equal Opportunity form? List at least three. - Their personal information such as age, gender - Their employee information such as applied for any position - The information of ability of employment 3. Is it voluntary for organisations to provide Equal Opportunity data? Explain your answer. Yes, but the organisations should voluntary to provide equal opportunity data as the organization manage human and they should be provided equal opportunity. 4. Name three Commonwealth Acts that relate to anti-discrimination.  Age Discrimination Act 2004  Australian Human Rights Commission Act 1986  Disability Discrimination Act 1992  Racial Discrimination Act 1975  Sex Discrimination Act 1984 5. What is the main function of the Australian Council of Trade Unions? The ACTU's role as peak body is to co-ordinate union campaigns, represent workers at a range of government and non-government forums in Australia and overseas, and to provide industrial, policy and other support to affiliates. 6. Identify one piece of legislation that an organisation should refer to within their grievance resolution policy and procedures? Occupational health and safety (OHS) The OHS legislation in NSW requires employers to ensure, as far as practical, the health and safety of all staff. Where an employer is convicted of a breach of the legislation, this is a criminal offence. However, when initially assessing a complaint, care must be taken not to confuse workplace grievances that may

BSBWRK411A Support employee and industrial relations procedures have a minor OHS aspect (see Example D), with significant OHS issues (see NSW Health PD2005_409 ‘Workplace Health and Safety: Policy and Better Practice Guide’. 7. What is an enterprise agreement? Enterprise agreements are agreements made at an enterprise level between employers and employees about terms and conditions of employment. The Fair Work Commission can assist in the process of making such agreements, can deal with disputes arising under the terms of agreements and assess and approve agreements 8. State three aspects of working conditions that could be addressed in an enterprise agreement. Single-enterprise agreement A single-enterprise agreement is made between a single employer (or two or more single interest employers) and employees employed at the time the agreement is made, and who will be covered by the agreement. Single interest employers are employers that are in a joint venture or common enterprise or are related corporations. They can also be employers authorised as single interest employers by the Fair Work Commission, which may be either franchisees or other employers where the Minister for Employment has made a declaration. Multi-enterprise agreement A multi-enterprise agreement is made between two or more employers (that are not all single interest employers) and employees employed at the time the agreement is made and who will be covered by the agreement. Greenfields agreement A greenfields agreement is an enterprise agreement that is made in relation to a new enterprise of the employer or employers before any employees are employed. This can either be a single enterprise agreement or a multi-enterprise agreement. The parties to a greenfields agreement are the employer (or employers in a multi enterprise greenfields agreement) and one or more relevant employee associations (usually a trade union). 9. What is the role of The Fair Work Commission? The Commission is the independent national workplace relations tribunal. It is responsible for maintaining a safety net of minimum wages and employment conditions, as well as a range of other workplace functions and regulation. What it can do - hear unfair dismissal and unlawful termination applications - hear bullying and harassment applications - resolve general protections claims - accept and investigate bullying complaints - make changes to pay and entitlements in awards and registered agreements

BSBWRK411A Support employee and industrial relations procedures - approve registered agreements - make and change awards - make decisions about industrial action and union activity. 10. What are the National Employment Standards and to whom do they apply to? The National Employment Standards (NES) are 10 minimum employment entitlements that have to be provided to all employees. The national minimum wage and the NES make up the minimum entitlements for employees in Australia. An award, employment contract, enterprise agreement or other registered agreement can't provide for conditions that are less than the national minimum wage or the NES. They can’t exclude the NES. Who's covered by the NES All employees in the national workplace relations system are covered by the NES regardless of the award, registered agreement or employment contract that applies. Casual employees and the NES Casual employees only get NES entitlements relating to:  unpaid carer's leave  unpaid compassionate leave  community service leave  the Fair Work Information Statement. In some states and territories long serving casuals are eligible for long service leave. 11. List three of the National Employment Standards (NES). - Maximum weekly hours - Requests for flexible working arrangements - Parental leave and related entitlements - Annual leave - Personal carers leave and compassionate leave - Community service leave - Long service leave - Public holidays - Notice of termination and redundancy pay - Fair Work Information Statement 12. What is a modern award and who is affected by a modern award? Awards provide pay rates and conditions of employment such as leave entitlements, overtime and shift work, amongst other workplace related conditions. Most modern awards relate to particular industries or occupations. There are currently 122 modern awards of general application. A small number of enterprise and State reference public sector modern awards cover specific employers and their employees only.

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BSBWRK411A Support employee and industrial relations procedures These awards, with the National Employment Standards, provide a minimum safety net of terms and conditions of employment for all national system employees. Assessment 2 Workforce Diversity Policy and Procedure Project Dear all employees, I would like to discuss about the workplace diversity, as Every individual differs in many ways. Some example of differences exist between individuals are age, gender, race, ethnicity, religion, sexual orientation and capabilities. Nowadays, workplace diversity has started to receive wide attention and become an important issue in the business world as diversity in the workplace has increased, please see the description of Workplace Diversity Policy and Procedure as below; Workplace Diversity Policy and Procedure Diversity contributes to our business success and benefits individuals, the families we serve, our communities and our teams. As the marketing service industry leader organisation champions diversity through: - Providing a diversity inclusive workplace in which everyone has the opportunity to fully - participate and is valued for their distinctive skills, experience and perspectives. - Facilitating equal employment opportunities based on ability, performance and potential, regardless of background, circumstances or beliefs. - Being an industry champion for employees with rich life experience. Policy Statement: Valuing and managing diversity means that organization will: - Develop and maintain a culture which supports and promotes diversity. - Help to build a safe work environment by educating all employees to understand the importance of a diverse workplace and how they contribute to it. - Take action against inappropriate workplace and business behaviour which does not support diversity including discrimination, harassment, bullying, victimisation and vilification. - Meet the differing needs of our employees at all levels by carefully considering the ways flexible work practices can be applied in our workplaces. - Attract and retain a skilled and diverse workforce with a continued focus on increasing participation rates of women at Executive and Senior Management levels with an aspirational goal of 30% participation overall. - Developing creative and business led opportunities to actively promote, engage and retain mature age workers. - Provide the support and physical facilities in our business which allow diverse communities to celebrate difference. - Meet our legislative and regulatory obligations re diversity. Measurable Objectives

BSBWRK411A Support employee and industrial relations procedures The Board will annually review the measurable numeric and non-numeric objectives of this policy and make changes appropriate. The current objectives are: - Achieve 30% representation of women in Board, Executive and Senior management positions across the three groups in total. - Maintain the current representation of mature age workers in our workforce at the appropriate levels. - Ensure our workforce is sufficiently diverse to meet the needs of the communities we serve Procedures for Employees under this Policy The organization does not tolerate non-inclusive behaviour and upholds the law. To achieve this the organisation requires its employees to: - Uphold and demonstrate organization ’s behaviours outlined in the code of conduct at both work and at after-hours work functions. - Upon joining the organisation, read, sign and acknowledge the Code of Conduct, Diversity policy and procedures and the Discrimination, Harassment and Bullying policy, and have this acknowledgement retained on their personnel file. - Engage in and complete diversity awareness / EEO training, both as part of induction and as part of compulsory refresher training. - Comply with the Diversity policy and procedures and the Discrimination, Harassment and Bullying policy - Actively support and engage in workplace behaviours which prevent inappropriate and non-inclusive behaviours of discrimination, harassment, bullying, victimisation and vilification; and - Willingly adapt their behaviours if required to ensure appropriate workplace conduct. Please read all of the diversity workplace policies and procedures, if you have any questions please do not hesitate to contact me Rodjarin Human resource manager Marketing company

BSBWRK411A Support employee and industrial relations procedures Dear all employees, Please see the detail of meeting agenda as below Location: Meeting room 1, marketing company Date and Time: 20 May 2016, 1 pm – 2.30 pm Attendee: 2 representatives of each department and Human resource department - Administrative - Financial - Accounting - Marketing Meeting agenda Agenda 1 (10 min) Introduction Agenda 2 (15 min) Review diversity workplace policy and procedure Agenda 3 (20 min) Discuss of each diversity in the workplace Agenda 4 (30 min) Discuss about the cultural communication Agenda 5 (15 min) Next meeting schedule and summary of the meeting For the cultural communication, I would descript some of these information as Given different cultural contexts, this brings new communication challenges to the workplace. Even when employees located in different locations or offices speak the same language, there are some cultural differences that should be considered in an effort to optimize communications between the two parties. In such cases, an effective communication strategy begins with the understanding that the sender of the message and the receiver of the message are from different cultures and backgrounds. Of course, this introduces a certain amount of uncertainty, making communications even more complex. Without getting into cultures and sub-cultures, it is perhaps most important for people to realize that a basic understanding of cultural diversity is the key to effective cross-cultural communications. Without necessarily studying individual cultures and languages in detail, we must all learn how to better communicate with individuals and groups whose first language, or language of choice, does not match our own. Please prepare some question in your department that you would like to ask in the meeting and send the name of representative of your department within today Best regards,

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BSBWRK411A Support employee and industrial relations procedures Rodjarin Human resource manager Marketing company

BSBWRK411A Support employee and industrial relations procedures Assessment Task 3:Industrial Relations Conflict Case Study Dear management team, Currently situation, A recent downturn in the economy, extreme weather patterns and a 15% decrease in profits have meant that the company had to look at cutting costs. The suggested outcome was a freeze on factory pay increases for the year and a drop in hours . This has led to a lot of talk in the factory, complaining about how this information was presented to them. Furthermore, workers are becoming worried about their job security and there is a feeling of unfairness of the change in conditions and some grievances have been directed at the office staff. At least 5 factory workers have taken sick leave and as a result productivity is slowing down. A member of staff has contacted Fair Work Australia and is seeking advice on behalf of the factory workers. In my opinion, I think we should consider that what we can deal with the employees, and meet with our requirement such as reward or some of the bonus, so that we should conduct the meeting between the management and the employee, Please consider this issue as urgent Best regards, Rodjarin Human resource manager Baxter Sugar Mill Dear all employees, I noticed all of your concern and the management team are worry as well as we want to invite you to discuss about this issue, we will find the solutions together about the conflict and strategies, I will present the all of the information that you would like to see, as our clearify and find out the solution together The meeting will held on 1 June 2016, at meeting room 1 on 1 pm onward If your have any question, please do not hesitate to contact me Best regards, Rodjarin Human resource manager Baxter Sugar Mill

BSBWRK411A Support employee and industrial relations procedures Dear all employees After the management discussed, I would like to introduce you about the modern award The National Employment Standards (NES) are 10 minimum terms and conditions of employment (set out in Part 2-2 of the Fair Work Act 2009 ) that apply to national workplace relations system employees. Parts of the NES may also extend to employees beyond the national workplace relations system. The NES are minimum standards that cannot be overridden by the terms of enterprise agreements or awards. Please read all of this information of The 10 national employment standards 1. Maximum of 38 weekly hours of work—plus reasonable additional hours. 2. Requests for flexible working arrangements—in certain circumstances employees can request a change in their working arrangements. 3. Parental leave and related entitlements—up to 12 months unpaid leave for each employee, plus a right to request an additional 12 months unpaid leave, plus other forms of maternity, paternity and adoption-related leave. 4. Annual leave  4 weeks paid leave per year  plus an additional week for certain shift workers. 5. Personal/carer’s leave and compassionate leave  10 days paid personal/carer’s leave  2 days unpaid carer’s leave as required  2 days compassionate leave (unpaid for casuals) as required. 6. Community service leave—unpaid leave for voluntary emergency activities and up to 10 days paid leave for jury service (after 10 days is unpaid). 7. Long service leave—a transitional entitlement for employees as outlined in an applicable pre-modernised award, pending the development of a uniform national long service leave standard. 8. Public holidays—a paid day off on each public holiday, except where reasonably requested to work. 9. Notice of termination and redundancy pay - up to 4 weeks’ notice of termination (plus an extra week for employees over 45 years of age who have been in the job for at least 2 years) - up to 16 weeks’ severance pay on redundancy, both based on length of service. 10. The Fair Work Information Statement is available from the Fair Work Ombudsman This must be given by employers to all new employees. It contains information about:  the NES  modern awards  agreement making  freedom of association and workplace rights  termination of employment  individual flexibility arrangements

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BSBWRK411A Support employee and industrial relations procedures  right of entry  transfer of business  the role of the Fair Work Commission  the role of the Fair Work Ombudsman. Please consider about solution in the modern award If your have any question, please do not hesitate to contact me Best regards, Rodjarin Human resource manager Baxter Sugar Mill

BSBWRK411A Support employee and industrial relations procedures Report Baxter Sugar Mill is facing A recent downturn in the economy, extreme weather patterns and a 15% decrease in profits have meant that the company had to look at cutting costs. The suggested outcome was a freeze on factory pay increases for the year and a drop in hours. A brief email issued by the management team informed workers of the proposed change in working conditions. Baxter Sugar Mill set up a Modern Award agreement in 2010. This certainly worried the workers and created their feeling to insecure and this may lead them to leave your organization so that we are now focus on the employee situation. Therefore, human resource department together with management team have come up with ideal problem solving strategies. We have organized a meeting decided to talk to the workers convincing them to agree on company’s term and conditions. At the moment to are provide the way that we can get the feedback from them and hope them to understand this situation. And hope them to understand about the freezing payment until to get the agreement and it is stability. We will get the situation resolve as soon as possible along with the legislation. If the workers had disagreed on what we could offer them or they are not satisfy with the solution that we are going to provide later on I have been provide some of the expertise as the industrial relation so we could hire them and get some advise from them. JKL Legal : JHK Legal aims to redefine the public’s perception of a law firm by offering an approachable, expedient and economically transparent legal service to the whole of Australia. Address Suite 1, Level 3, 56 Clarence Street Sydney NSW 2000 GPO Box 5019 Sydney NSW 2001 P: 02 8239 9600 F: 02 9262 5967 E: sydney@jhklegal.com.au Reference: http://www.jhklegal.com.au/firm/ MinterEllison: MinterEllison has one of the best true industrial relations practices in Australia – combining full national coverage with a depth of industrial relations experience in each of our offices, an impressive blue chip client base and a lengthy track record, which includes representing our clients in some of the most significant industrial disputes and negotiations in Australia in the past 30 years Sydney +61 2 9921 8888 mail@minterellison.com Reference: http://www.minterellison.com/ They regularly represent clients before The Fair Work Commission and other tribunals and in the courts – including in industrial disputes and arbitrations; enterprise bargaining; industrial action (in the courts and tribunals) and prosecutions for breach of industrial laws and instruments. They also have a full advisory practice – providing strategic industrial relations advice and advice on compliance with industrial laws to domestic and international clients. Their experience has

BSBWRK411A Support employee and industrial relations procedures helped us develop a capacity to think strategically and tactically in complex industrial relations situations. Part B: Dear team member, HR department know very well that this situation is worse as the economic downfall and some of our employee have question or doubt, to prevent this worry and insecure happen to all of employees, I would like to get your feedback or suggestion how we can improve this situation. Your feedback is valuable so that I provide the suggestion box as you can give your suggestion without your name. The suggestion boxes are on the level 1-3 each. Near the lift. However, if you would like to come over to HR department as level 4, we all welcome to discuss with you Last date of feedback is on 24 June 2016 Rodjarin Human resource manager Marketing company Dear team member, Thank you for your participation to give us the feedback as I said your feedback and suggestion is valuable for us. We have been read to every single of your comment and I would like to discussion with the management later on so that we can come over with the solution which suitable for all parties. Once the meeting done, all of the result will be announce to you on 30 June 2016 as the official announce. If you have any questions, please do not hesitate to contact me. Rodjarin Human resource manager Marketing company

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BSBWRK411A Support employee and industrial relations procedures Dear management, After I conduct the feedback of the employees, they are still willing to work with us if their think the condition is fair for them, All of them agree on the modern awards as I sent to them, so that we should consider all of the information in modern award and Fair Work Act, If your have any question, please do not hesitate to contact me Best regards, Rodjarin Human resource manager Marketing company

BSBWRK411

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