1.

Develop employee relations proposal

Appendix 2 – B&A Toy Warehouse Employee Relations Proposal

Introduction

Describe the current state of employee relations in relation to B&A Toy Warehouse objectives

The Human Resources Managers are responsible for all employee relations activities and tasks. The Human Resources Manager is about to undertake a full
review of the organisation’s current employee relations plans and policies and the existing enterprise agreement for the 100 warehouse workers.

Long-term employee relation objectives

Identify three (3) long-term employee relations objectives for B&A Toy Warehouse

 Effective management of grievances, conflict situations and dispute resolutions procedures

 Organisational culture

 Workforce planning

 Improve relationships with unions by proactively consulting with unions on all workplace changes by the end of the financial year.

 Improve manager capability in managing employee relations issues by requiring all managers to complete employee relations training by the end of the
financial year.

Employee Relations Options

 Training across all levels in work health and safety, workplace stress, harmonious workplace teams, conflict management, grievances and dispute
resolution

 Mentoring program for new workers

 Career planning for employees identified as having management potential staff engagement events.

 staff engagement events

Cost–benefit-risk analysis

Feasible (F)
Maybe Feasible
Strategy Option Cost Benefit Risk (MF)
Not Feasible
(NF)

Train employees on $80,000 Employees will be Employees will have Feasible

Conducts the different safety and equipped to a safe and no time and
training to health of the sound environment. possible
the employees. disinterested to join.
employees
of the B&A Issue a manual $20,000 Employees will have a full Laziness to read the Feasible

Toy handbook for every understanding and manual given.

Warehous emplyees. awareness on the rules

e and policies within the

workplace.

Mentoring A one on one $8,000.00 Develop a camaraderie There will be Maybe Feasible
among the mentoring or a group among the employees in competition and
employees. mentoring for the the workplace. others will not obey
improvement or and hear the
production of products. mentoring of the co
employees.

Conduct of $5,000 Determine the strength Employees with low Maybe Feasible
performance and weaknesses among performances will
evaluation among the the employees and see be challenge to take
 Feasible (F)
Maybe Feasible
Strategy Option Cost Benefit Risk (MF)
Not Feasible
(NF)

employees. which ever is need and part.

improvements.

Continuing $10,000.00 Performance and Some employees Feasible

development program productions will increased will have no interest
and trainings among the results. to participate and
the employees. join.
Enterprise
Bargaining
Improvement of $10,000 Employees will have an Some employees Feasible
equipments and effective and efficient will stick unto the
knowledges among production results of their machineries used.
the employees. accomplishments.
How options meet the needs of B&A Toy Warehouse and how they address current
employee relations issues

In every organisations, employees plays a vital roles in upholding a better improvement and
understanding the policies of the companies. It has been proven that if a proper and a strong
relationship is in place and that too in a workplace, employees will generally tend to be more
productive and also more efficient. Strong employment relations go a long way in increasing the
productivity of an organization on the whole.

In order to address current employee relations issues, following are needed steps to follow;

Talk with the other person.

Focus on behavior and events, not on personalities.
Listen carefully.
Identify points of agreement and disagreement.
Prioritize the areas of conflict.
Develop a plan to work on each conflict.
Follow through on your plan.
Build on your success.

Identification of the legislative requirements that relate to each of your options with a
brief introduction to key features of industrial relations legislations, regulations and
related entities

Legislative requirements are provided in the following legislations, regulations and standards

Fair Work Act 2009

The Fair Work Act 2009 (the Act) is one of the primary pieces of legislation that govern the
employment relationship in most of Australia’s private workplaces. It is the foundation of all minimum
standards and regulations for employment that fall within the national workplace system. The Act is
something that employers in all industries and with all business sizes that fall within that system
should be familiar with.

The terms and conditions for employment and rights and responsibilities for employees and
employers in relation to that employment which are outlined within the Fair Work Act 2009 are
intended to provide a balanced framework for productive workplace relations which promotes national
economic prosperity and social inclusion for employees under the national workplace system.

Work Health and Safety Act 2011 (NSW)

The Work Health and Safety Act 2011 (NSW) regulates workplace health and safety (WHS) in NSW.
It specifically aims to protect people at workplaces from risk to their health or safety and to promote
safe and healthy work environments.

It provides a framework to protect the health, safety and welfare of all workers. It also protects the
health and safety of others who might be affected by the work your business does. All workers are
protected by the WHS Act.
Competition and Consumer Act 2010 (Cwlth)

The Competition and Consumer Act 2010 (which replaced the Trade Practices Act 1974 on 1 January
2011) aims to give businesses a fair and competitive operating environment. It covers anti-competitive
conduct, price fixing, unconscionable conduct and other issues, such as advertising.

Its purpose is to enhance the welfare of Australians by promoting fair trading and competition, and
through the provision of consumer protections. Broadly, it covers: product safety and labelling. unfair
market practices.

Skills and knowledge needed by staff for effective implementation

Role Application in the workplace

Strengthen Prepare what you're going to say.

Communication
Simplify and stay on message.
Skills
Record yourself communicating.

Engage your listeners.

Take time to respond.

Make sure you understand.

Maintain eye contact.

Determine Deliver High Performance.

Leadership
Embrace Creativity to Solve Problems
Style
Communicate Effectively.

Take Initiative.

Continuous Improvement.

Focus on Results.
Brief overview of the enterprise and workplace bargaining process

Enterprise bargaining is the process of negotiating with the goal of making an enterprise
agreement. This is generally between the employer or employers, their employees, and their
bargaining representatives.

Collective bargaining is the process in which working people, through their unions, negotiate
contracts with their employers to determine their terms of employment, including pay,
benefits, hours, leave, job health and safety policies, ways to balance work and family, and
more.

Through collective bargaining, employees can negotiate the terms of their employment,
including factors like workplace conditions, hours, regulations, compensation, overtime
protocol, holidays, sick leave, family leave, paid time off , retirement plans and health care.

A bargaining process agreement (or arrangement) sets out the parties' expectations of each
other at different stages of the bargaining and the process for conducting the bargaining in
an effective and efficient manner. This helps prevent problems coming up that unnecessarily
distract or disrupt the negotiations.
2. Roleplay

GLORY MAY: Good Morning Ms. Fariya,

FARIYA: Good Morning too, Ms. Glory May. Thank you for meeting with me. Your are welcome.

GLORY MAY: I am here to discuss and to explained with you the output regarding the B & A Toy
Hardware which I think is very important in order to improved the performances of our employees.

FARIYA: Glad to hear that, ok you may proceed.

GLORY MAY: But first of all I would like to thank you for this opportunity given to me, I have learned a
lot. (Explain the analysis using the Appendix 2,3,4,5).

FARIYA: Job well done Glory May for that very comprehensive report. Now, may I know if you have
suggestions to undertake those issues being mentioned?

GLORY: Actually, I already send you via email the suggestion I want to consider but if you don’t mind
I will just reiterate in order to have further understanding, may I?

FARIYA: I am sorry for that, because of my busy schedules I didn’t yet open it. Kindly, reiterate for me
please.

GLORY MAY: Based on my findigs, this will be done.

 AREA PLANNED ACTION

D i s p u t e s , c o n f l i c t s a n d grievances Re-training managers at conflict resolution

are handled in timely manner. techniques with real situation, to teach how
to differentiate between a real grievance and
how to deal with this. M a n a g e r s s h o w
level of knowledge and skills in
conflict-management techniques

Managers show level of knowledge

a n d s k i l l s i n conflict-management
techniques.

Look for another external provider

Training provided to managers d i f f e r e n c e and make them exams about this
i n m a n a g i n g conflicts and grievances techniques and manage real situation to
know who need more training.

FARIYA: That’s great Glory May. Thank you for this.I am looking forward to attain this before the end
of the year. I know you can make it.

GLORY MAY: Yes, with our strong partnership and unity we can make it. That’s all for the day ms.
Fariya, do you have any questions and queries with my presentations?

FARIYA: nothing, once again congratulations for a job well done!

GLORY MAY: thank you so much. Have a nice day.

3. Develop a contingency plan

Appendix 3 – B&A Toy Warehouse Implementation and Contingency Plan

Implementation plan template

Training across all levels in work health and safety, workplace stress, harmonious workplace teams, conflict management,
Employee relations
grievances and dispute resolution
options:
Mentoring program for new workers

Career planning for employees identified as having management potential staff engagement events.

Activity
Resources/ Person
(training, mentoring, Timeline Description/tactics/rationale
budget responsible
enterprise bargaining, etc.)

Training on Occupational Monthly This training aims to equip participants with the basic knowledge and $80,000.00 HR and the
Health and Safety skills on identifying safety, health, and environmental hazards; Safety officers
determining appropriate control measures, and developing and
implementing OSH policies and programs.

Mentoring and orientation Week after Mentoring helps the new hire in making the necessary social $5,000 HR
program of new workers hiring connections and understanding power structures and team hierarchies
in the company. This relates to all the necessary interpersonal
relationships and information networks that would be required for the

job.
Career planning for Monthly Career planning is a process in which the individual employee $70,000.00 HR
employees determines and implements actions to achieve certain career goals.
Career management is a process of selecting, evaluating, hiring, and
developing employees.

Training on conflict Quarterly It is a training program that teaches people different styles of conflict $10,000 HR
management and grievance management that will enable resolving conflict constructively. It focuses
in the workplace. on conflict resolution strategies that enhance the ability of participants
to manage conflict, deal with emotions and use the best practices of
assertive behaviour.

Stress management among Semi- The stress management meaning is to reduce the negative impacts $50,000.00 HR
all the employees annual caused by stress and to improve a person's physical and mental well-
being. Stress management may include self-care, managing one's
response to stress, and making changes to one's life when in a
stressful situation.

Enterprise bargaining Annually The voluntary process of negotiation between management and employees $20,000 HR
or their representatives (usually unions), the purpose of which is to reach
agreement regarding terms and conditions of employment.
Contingency plan
Employee relations Associated
Impact Likelihood Contingency Action
options risk/s
Training across all levels in Employees will have no Lack of awareness Likely There will be incentives who will undergo and
work health and safety, time and possible among the finished the training with re -entry plans.
workplace stress, disinterested to join. employees.
harmonious workplace
teams, conflict
management, grievances
and dispute resolution.
Mentoring program for new There will be competition Improvement of skills Most likely to be done. There will be monitoring and evaluation of the
workers. and others will not obey and knowledges process and its impact to the individuals.
and hear the mentoring of among others.
the co employees.
Career planning for Some employees will Road for Likely Explain and practise its benefits in order to
employees identified as have no interest to improvement among come up with a comprehensive plans that will
having management participate and join. others. equipped them a better employees.
potential staff engagement
events. There will be Most likely
competition to others.
4. Develop a Training Plan

Appendix 4: Training implementation plan template

Training task Learner group Training methods Duration

Training on the All employees Face to Face 1-3 days

Occupational Health
Safety.

Peer to peer or Group All employees Face to face 1-2 weeks

mentoring

Stress management All employees Face to face 1-3 days

seminar

Policy and regulations HR and Exective Face to Face 1-2 days

review

Enterprise Bargaining HR Face to Face 1-2 days

5. Develop a grievance policy and procedure for B&A Toy Warehouse

Appendix 5 – B&A Toy Warehouse Grievance Handling Policy and Procedure

Policy
This Grievance procedure define how employees are able to communicate
their complains, grievances or misunderstanding. The mode that it will be treated to
resolve, in the shortest possible time giving real and beneficial solutions for both of the parts.
Procedure
1. Talk with supervisor, who is the first person in charge to talk with both parts and try to
resolve the problems between co-workers.
2. In case that the problem persists, follow the next steps:
2.1 The employees need to fill the grievance form.
2.2 The person in charge of HR, must convene a meeting with t h e e m p l o y e e w h o
h a s t h e g r i e v a n c e t o m a k e s u r e t h e grievance had completely understood.
2.3 Give a copy of the grievance to the person to whom it was addressed.
2.4 Investigate the problem, ask others about the grievance, they will give HR more
details about it.
2.5 C o o r d i n a t e a p l a n t o d e f i n e f o r m t o m e d i a t e t h e inconvenient. It will
be meetings.
2.6 Inform to employees who are involved, all the decisions about the grievance.
2.7 Make sure that the decision is being fulfilled by actions that follow the case.
2.8 Keep records
6. Write an email to the CEO

Good morning Mr. Valencia,

I hope you are having an excellent week. This mail is to let you know the results of
Employee relations Implementation Effectiveness. The survey had 10 questions and
was conducted over 130 employees and good general characteristics are the
following:

-More than 80% of the employees express t hat t hey are welling t o
accept changes, take new tasks if it is needed. -Around 82% of the totally are welling to
take the initiatives.

-90% indicates that time to understand procedures and policies about terms and
conditions was enough.

-M o r e t h a n 8 4 % o f t h e e m p l o y e e s s a y t h a t t h e i r c o n c e r n s a r e
g o o d representative in committee meeting which results in improvements to work
polices, rights in policies.

Now, there are some issues that is important to improve according with the
results, I presented a chart with activities to rectify these areas:
 AREA PLANNED ACTION

D i s p u t e s , c o n f l i c t s a n d grievances Re-training managers at conflict resolution

are handled in timely manner. techniques with real situation, to teach how
to differentiate between a real grievance and
how to deal with this. M a n a g e r s s h o w
level of knowledge and skills in
conflict-management techniques

Managers show level of knowledge

a n d s k i l l s i n conflict-management
techniques.

Look for another external provider

Training provided to managers d i f f e r e n c e and make them exams about this
i n m a n a g i n g conflicts and grievances techniques and manage real situation to
know who need more training.

Sincerely,

GLORY MAY G. VALENZUELA

HR Manager
B&A Toy Warehouse
Appendix 6: Employee Relations Implementation Effectiveness Survey Results

Total surveyed: 130 employees

Survey Question Level of
effectiveness/satisfaction
1 No effect 2 Below average 3 Average 4
Above Average 5 High

I am willing to accept change 80% indicated 5

I am willing to take on new tasks as needed 87% indicated 5

I am willing to take the initiative 82% indicated 5

Disputes, conflicts and grievances are handled in a timely 20% indicated 5

manner

Managers show level of knowledge and skills in conflict- 22% indicated 5

management techniques

Enough time was provided to ensure that the terms and 90% indicated 5
conditions of the new proposed agreement are understood and
agreed

Training provided to managers made a difference in managing 25% indicated 5

conflicts and grievances

My views, concerns and ideas have been represented in the 84% indicated 5
committee meetings which resulted in improvements to work
practices

My rights are well-represented in the employee relations 95% indicated 5

policies and plans

Management does a good job in up-holding my rights including 94% indicated 5

health, safety, privacy ad value as an employee
Appendix 7 – Report to Management

Report Title:

Prepared by:

Prepared on:

Introduction

Source of the grievance

Staff members’
grievance and desired
outcomes

Relevant legislation,
policies, agreement
conditions that apply to
this case

Actions required to
avoid potential
escalation of the issue

Negotiation outcomes,
strategies and
timeframes and agreed
outcomes

Remedial actions
required to abide by
agreements

Additional sources of
support and advice,
including information
from the Fair Work
Ombudsman
Appendix 8 – Extract from the B&A Toy Warehouse Enterprise Agreement 2019

2.5 DISPUTE RESOLUTION

2.5.1 Resolving disputes

All disputes about a provision of this Agreement, the National Employment Standards, or the
workplace are to be resolved in accordance with the following:

Step 1 - Resolving disputes at a workplace level

If the Employer and the affected Employee(s) are in dispute because of a provision of this
workplace agreement or of the provisions of the Fair Work Act, then they must genuinely
attempt to resolve the dispute at the workplace level. This may involve the affected
Employee(s) following the steps outlined in the grievance handling policy and procedure.

Step 2 - Where the dispute cannot be resolved at the workplace level

If a matter cannot be resolved at the workplace level, a party to the Employer or the
Employee(s) shall refer the matter to the Fair Work Commission (FWC) for conciliation of the
dispute.

2.5.2 An Employee must continue to work during a dispute

An Employee must, whilst a dispute is being resolved, continue to work in accordance with
their contract of employment unless the Employee has reasonable concerns about an
imminent risk to their health and safety and comply with any reasonable direction(s) given by
their Employer to perform other available work either at the same workplace or at another
workplace.
Provided that in directing the Employee to perform work the Employer will have regard to
any law of the Commonwealth or State dealing with occupational health and safety that
apply and whether that work is appropriate for the Employer to perform.

2.5.3 Representation of Employees

The Employee may be represented at any of the above steps.

4.4 BREAKS

4.4.1 Meal Break

All Employees are entitled to an unpaid meal break where they work more than five (5)
consecutive hours in a shift.

4.4.2 Taking of the meal break

The unpaid meal break will be taken at a time designated by the Employer.

To facilitate greater flexibility, timing of meal breaks may be varied to meet the operational
requirements of the business and/or employee needs. Unpaid meals breaks will be a
minimum of 30 minutes and a maximum of 60 minutes.

No employee will be required to work more than five (5) hours without a break for a meal.

Smoking is only to occur on designated tea/meal breaks and any employee found to be
smoking outside of breaks will be subject to disciplinary action.

Warehouse employee Breaks: Staggering of meal breaks may occur to ensure continual
business operations in the warehouse floor.

5.1 ANNUAL LEAVE

5.1.1 Entitlement to Annual Leave

For each year of service with the Employer a full-time or part-time Employee is entitled to
accrue paid annual leave.

Leave loading is not payable and is included in the loaded hourly rate.

5.1.2 Accrual of Annual Leave

Full time Employees are entitled to accrue four (4) weeks of paid annual leave. Annual leave
will accrue for full time staff based on 152 hours per four-week cycle.

A shift worker who is regularly rostered to work on Sundays and public holidays (34 Sundays
and six (6) public holidays not including overtime or supplementary hours), will be eligible for
five (5) weeks of paid annual leave

Part-time employees will accrue annual leave on a pro-rata basis on an hour for hour basis.

A full-time or part-time Employee’s entitlement to paid annual leave accrues progressively

during a year of service according to the Employee’s ordinary hours of work and
accumulates from year to year.
If a full-time or part-time Employee’s employment ends during what would otherwise have
been a year of service, the Employee accrues paid annual leave up to when their
employment ends.

5.1.3 Payment for Annual Leave

All annual leave is payable at the Employees ordinary rate of pay as set out in clause 3.2.1
of this Agreement.

5.1.4 Taking of Accrued Annual Leave by the Employee

Paid annual leave may be taken for a period agreed between the Employee and the
Employer. All full-time and part-time employees must provide at least six (6) months’ notice if
they plan to take 4 or more weeks of accrued annual leave provided that no annual leave will
be taken by an Employee during the Employer’s peak trading periods.

5.1.5 Employer may require an Employee take Accrued Annual Leave

The Employer can direct an Employee take paid annual leave if:

(a) The Employer and an Employee cannot agree when the Employee’s paid annual leave is
to be taken; and

(b) The Employer has provided the Employee at least four (4) weeks’ notice in writing to take
the paid annual leave; and

(c) The Employee has accrued more than four (4) weeks paid annual leave at the time of the
direction is given

5.1.6 Cashing Out of Accrued Annual Leave

All full-time and part-time Employees may at their election in writing cash out their accrued
annual leave provided that:

(a) Each cashing out of a particular amount of paid annual leave must be by a separate
agreement in writing between the Employer and the Employee;

(b) The Employee must be paid at least the full amount that would have been payable to the
Employee had the Employee taken the leave that the Employee has foregone; and

(c) The Employer authorises the Employee to forgo the amount of paid annual leave.
7.3 CONSULTATIVE TERMS

7.3.1 When Employer must Consult Employees

This term applies if:

(a) The Employer has made a definite decision to introduce a major change to production,
program, organisation, structure, or technology in relation to its enterprise; and

(b) The change is likely to have a significant effect on Employees of the enterprise.

7.3.2 Employer must notify Employees

The Employer must notify the relevant Employees of the decision to introduce the major
change.

7.3.3 Represent

The relevant Employees may appoint a representative for the purposes of the procedures if:
(a) A relevant employee appoints, or relevant employees appoint, a representative for the
purposes of consultation; and

(b) The employee or employees advise the employer of the identity of the representative; the
employer must recognise the representative.

7.3.4 Employer must discuss

As soon as practicable after making its decision, the Employer must:

(a) Discuss with the relevant Employees:

(i) The introduction of the change; and

(ii) The effect the change is likely to have on the Employees; and

(iii) Measures the Employer is taking to avert or mitigate the adverse effect of the
change on the employees; and

(b) For the purposes of the discussion -- provide, in writing, to the relevant Employees:
(i) All relevant information about the change including the nature of the change
proposed; and
(ii) Information about the expected effects of the change on the Employees; and
(iii) Any other matters likely to affect the Employees.
7.3.5 Employer not required to disclose confidential or commercially sensitive
information
The Employer is not required to disclose confidential or commercially sensitive
information to the relevant Employees.
7.3.6 Employer must give prompt and genuine consideration
The Employer must give prompt and genuine consideration to matters raised about
the major change by the relevant Employees.
7.3.7 Definition of major change
In this term, a major change is likely to have a significant effect on Employees if it
results in:
(a) The termination of the employment of Employees; or
(b) Major change to the composition, operation or size of the Employer's workforce or
to the skills required of Employees; or
(c) The elimination of job opportunities; or
(d) The alteration of hours of work; or
(e) The need to retrain Employees; or
(f) The need to relocate Employees to another workplace; or
(g) The restructuring of jobs; or
(h) Changes to regular rosters or ordinary hours of work