BSBWRK510A: Manage Employee Relation

Activity 1

Q1. What are the difference between strategic plan and operational plans?

Strategic and Operational Plans Comparison Chart

BASIS FOR
STRATEGIC OPERATIONAL
COMPARISON

Meaning The planning for Operational Planning is a process

achieving the vision of of deciding in advance of what is
the organization is to be done to achieve the tactical
Strategic Planning. objectives of business?

Time Horizon Long term plans Short term plans

Approach Extroverted Introverted

Modifications Generally, the plan The plan changes every year.

lasts longer.

Performed by Top level management Middle level management

Scope Wide Narrow

Emphasis on Planning of vision, Planning the routine activities of

mission and objectives. the company.

Activity 2

Q1. Create five WR performance standards or targets that might be used by an organization. These
performance standards must be different from those already provided in the text.

A2. In order to establish performance standards it is necessary to establish your WR objectives.

Some suggestions:
To maximise long term performance by creating and maintaining a highly productive working
environment.

To negotiate workplace terms and conditions in an environment free from: the abuse of power,
discrimination, bullying and harassment. Eg, staff are free to join, or not join, an industrial
organisation.

To promote the opportunity to resolve workplace disputes in a timely manner at the lowest
possible level, through appropriately staged interventions.

To recognise that employees and the University may have both complimentary and competing
interests (Dolenko*)

To recognise the negative impacts of direct and indirect industrial conflict (Dolenko)

To promote effective communication and the exchange of information on workplace issues through
appropriate communication and consultation undertaken at the right level and at the right time
(adapted from Dolenko)

To recognise the role of independent representatives in an industrial process.

Activity 3

Q1. Complete the following:

A. Legislation is the preparation and enactment of laws by a legislative body through its
lawmaking process. The legislative process includes evaluating, amending, and voting
on proposed laws and is concerned with the words used in the bill to communicate the
values, judgments, and purposes of the proposal. An idea becomes an item of
legislative business when it is written as a bill. A bill is a draft, or tentative version, of
what might become part of the written law. A bill that is enacted is called an act or
statute.
B. Constructive dismissal occurs when an employee initiates the termination of the
contract of employment, it is necessary to consider whether that ostensible act of
termination was given freely and without any undue pressure. If the ostensible
resignation is, in effect, a response to, and consistent with, a desire by an employer
that such resignation be forthcoming, then what has occurred may be that termination
has been brought about by the employer and that in this way the employee has been
dismissed.
C. Health and safety legislation applies to Occupational health and safety which is
concerned with protecting the safety, health and welfare of people engaged in work or
employment.

The enjoyment of these standards at the highest levels is a basic human right that should be
accessible by each and every worker.

Regardless of the nature of their work, workers should be able to carry out their
responsibilities in a safe and secure working environment, free from hazards.
These rights are set out in legislation to ensure that employers are clear about the obligations
and the consequences for neglecting them.

D. Equal opportunity legislation exists to The Equality Act 2010 prohibits discrimination
in employment or in the provision of training and education on the grounds of any of
the following protected characteristics: age, disability, gender reassignment, marriage
and civil partnership, pregnancy and maternity, race, religion or belief, sex, and
sexual
E. Regulations can be defined as
A rule of order having the force of law, prescribed by a superior or competent authorit
y,
Relating to the actions of those under the authority's control.
Regulations are issued by various federal government departments and agencies to car
ry out the intent of legislationenacted by Congress. Administrative agencies, often call
ed "the bureaucracy," perform a number of different governmentfunctions, including r
ule making.
The rules issued by these agencies are called regulations and are designed to guide the
activity of those regulated by the agency and also the activity of the agency's employe
es. Regulations also function toensure uniform application of the law.

Q2. What discriminatory behaviour is prohibited by anti-discrimination legislation?

A2. The Anti-Discrimination Act 1991 says that it is against the law to discriminate against
people because of their:

 family responsibilities
 sexuality
 gender identity
 sex (whether they are female or male)
 relationship or parental status (whether they are married, single, widowed, divorced,
separated or living with someone as if they were married (de facto, including same sex
de facto), and whether they have children or not)
 race
 age (whether they are young or old)
 impairment (whether they have or have had a physical, intellectual, psychiatric or mental
disability, injury or illness, including whether they are HIV+, or use a guide dog,
wheelchair or some other remedial device)
 religious belief or activity
 political belief or activity
 trade union activity
 lawful sexual activity (a lawfully employed sex worker)
 pregnancy or breastfeeding
 association with or relation to someone who has any of these listed attributes or personal
characteristics
Q3. What is the goal of industrial relations and employment legislation?

A3. Industrial relations laws are different in every nation but in general the goal of such
law and legislations is to:

 promote the welfare of the workers and economic prosperity of the nation
 pursue higher productivity to create economic conditions for high employment, improved
living standards, low inflation and international competitiveness and
increasing globalisation through a flexible and fair labour market
 enable wages and conditions of employment to be determined as far as possible by the
agreement of employers and employees at the workplace through enterprise bargaining
 to provide a safety net of minimum wages and conditions of employment
 to provide a framework for determining wages and conditions of pay according to job roles
performed, in Australia this framework in referred to as Industrial Awards
 providing a framework of rights and responsibilities for employers and employees
 Ensuring freedom of association, including the rights of employees and employers to join an
organisation (e.g. a union), or not to join an organisation that provides assistance to the
worker.
 enabling an independent statutory body (for example an "Industrial Relations Commission")
to prevent and settle industrial disputes as far as possible by promoting conciliation
between parties, or by arbitration if this fails
 assisting employees to balance their work and family responsibilities effectively through the
development of mutually beneficial work practices with employers
 respecting and valuing the diversity of the work force by helping to prevent and
eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical
or mental disability, marital status, family responsibilities, pregnancy, religion, political
opinion, national extraction or social origin; and
 ensure international obligations in relation to labour standards are met

Q4. What criteria are used as a basis to establish whether a dismissal is considered to be.

A4. This code of good practice deals with some of the key aspects of dismissals for reasons related to conduct and
capacity. It is intentionally general. Each case is unique, and departures from the norms established by this Code may
be justified in proper circumstances. For example, the number of employees employed in an establishment may warrant
a different approach.

Fair reasons or criteria for considering for dismissal

(1) A dismissal is unfair if it is not affected for a fair reason and in accordance with a fair procedure,
even if it complies with any notice period in a contract of employment or in legislation governing
employment. Whether or not a dismissal is for a fair reason is determined by the facts of the case,
and the appropriateness of dismissal as a penalty. Whether or not the procedure is fair is determined
by referring to the guidelines set out below.

(2) This Act recognises three grounds on which a termination of employment might be legitimate.
These are: the conduct of the employee, the capacity of the employee, and the operational
requirements of the employer's business.

(3) This Act provides that a dismissal is automatically unfair if the reason for the dismissal is one that
amounts to an infringement of the fundamental rights of employees and trade unions, or if the reason
is one of those listed in section 187. The reasons include participation in a lawful strike, intended or
actual pregnancy and acts of discrimination.

(4) In cases where the dismissal is not automatically unfair, the employer must show that the reason
for dismissal is a reason related to the employee's conduct or capacity, or is based on the operational
requirements of the business. If the employer fails to do that, or fails to prove that the dismissal was
effected in accordance with a fair procedure, the dismissal is unfair.

Activity 4

Q1. What should an organization take into consideration when developing WR strategies?

Q2. Explain the difference between a unilateralist and pluralist approach to WR?

Activity 5