Handling workplace disputes
What happens under the new workplace
relations system if there is a disagreement between your company and one
of your employees in relation to an entitlement such as the payment of
overtime?
How will you respond if your employees decide to strike?
This information session reviews how the Fair Work Act 2009 deals
with disputes over the application of the National Employment Standards, modern
awards and agreements as well as disputes relating the negotiation of
enterprise agreements made under the new legislation. This includes the
pre-conditions for taking protected industrial action whilst negotiating an
agreement and options to resolve disputes, including conciliation and
arbitration with Fair Work Australia, workplace determinations and other Fair
Work Australia orders. Rules surrounding payment for industrial action will be
highlighted so employers are aware of their rights and obligations should their
employees take protected industrial action during negotiations.
The
session will touch on the notion of ‘good faith bargaining’ and what this will
mean to negotiation parties - and what can be expected if the negotiations
result in disputation.
The
remedies available to parties through Fair Work Australia will also be explored
and the need to be aware of the consequences and possible end result of not
reaching an agreement – as well as the meaning of Employer industrial
action and Employee industrial action. Do all response actions
require a protected action ballot before proceeding – they don’t!
For
example, what are the implications of one negotiation party stating that ‘all
bets are off and we no longer wish to bargain’ – and what actions
could the other party take under the new legislation.