BSB51615 Diploma of Human Resources Management
Module 3 – Managing employee relations
Assessment 5 – Manage grievance and conflict situations
You will complete a series of activities based on the role of Human Resources Manager at Safety Traffic Co. Using the case study details, you will develop a grievance policy and procedure and a strategy for reporting and managing conflicts and disputes.
In the second part of this activity, you will apply employee relations policies and plans in providing guidance to the Safety Traffic Co. Operations Manager on how to resolve a workplace grievance and go about implementing a new agreement.
1. Develop a grievance policy and procedure for Safety Traffic Co. Use the policy and procedure layout in Appendix 1 as a guide for the format of your policy and procedure. The grievance policy and procedure should include the following information.
a. Safety Traffic Co. expectations and standards for grievances and disputes.
b. A formal procedure describing how staff may lodge a grievance and have their matter handled including internal and external escalation procedures.
c. A formal procedure for the manager describing:
i. suitable responses to the initial dispute
ii. how to check documentation and other sources to clarify issues
iii. possible assistance and advice from internal and external sources iv. negotiation strategy options
v. options for representation of the organisation’s position
vi. documenting and certifying agreed outcomes
vii. implementation of agreements
viii. monitoring and review of agreed actions
ix. follow-up actions to manage possible breaches.
1. Review the Safety Traffic Co. case study describing a grievance situation.
2. Develop a formal written report to the Operations Manager describing how the grievance must be managed in accordance with the organisation’s policy and procedure and how a new collective agreement will be negotiated and implemented. The report must identify the following information: a. the source of the disputes
b. relevant legislation and principles that apply to the case
c. key parties involved in the dispute
d. actions required to avoid potential industrial action
BSBWRK510 Manage employee relations
BSBWHS401 Implement and monitor WHS policies, procedures and programs to meet legislative requirements © Chisholm Online 2017
e. valid information sources that serve to clarify issues with complainants
f. additional sources of support and advice, including employer associations and Fair Work Australia.
In addition to the above information, you must describe in the report to the Operations Manager how you would go about:
a. negotiating new working conditions with key parties to resolve the disputes using a formal collective agreement
b. advocating the organisation’s position in negotiations with employees to obtain a new collective agreement that is fair for the employer and employees
c. documenting and certifying agreements with the relevant authority
d. implementing the new collective agreement
e. determining adherence to agreed actions and addressing any non-compliance.
You must provide:
? a grievance policy and procedure
? a formal written report addressed to the Operations Manager detailing the nature of the grievance based on the case study provided and an appropriate negotiation and follow-up strategy.
Your assessor will be looking for:
? skills to develop and follow a grievance policy and grievance handling procedures
? communication skills to advocate, consult, negotiate and mediate conflict
? demonstration of innovation and problem-solving skills to manage and resolve grievances and disputes
? demonstration of planning and time management skills to meet critical deadlines, sequence tasks, prepare submissions and present cases
? knowledge of enterprise and workplace bargaining processes
? knowledge of key entities in the Australian industrial relations system, including:
? courts and tribunals
? trade unions
? employer bodies
? knowledge of relevant federal, state and territory legislation, such as work health and safety, equal employment opportunity and anti-discrimination law.
Case Study 1: Employment conditions dispute
Ashley is the Operations Manager for Safety Traffic Co. Ashley’s responsibilities include managing the business’s overall performance, safety management, conducting site audits, maintaining compliance and developing client relationships. In addition, Ashley is at times required to handle escalated grievances and disputes from traffic controllers, site supervisors and schedulers.
Recently, there has been increased complaints from traffic controllers about inconsistent working conditions and momentum is beginning to increase around the front line teams. The two biggest issues are wages being under the industry median and insufficient rest breaks.
On average, most traffic controllers’ work over 40 hours per week including night and weekend shifts and everyone is paid according to the Building and Construction General On-site Award 2010. No current formal workplace agreement currently exists for traffic controllers and new starters are hired under a verbal agreement with relation to the relevant award. Although the nature of the roster – including shift work and overtime – often results in extra money for employees, traffic controller’s still believe they are paid well below other companies in the industry.
Lengthy shifts, lack of staff and the constant demands of the job often mean traffic controllers do not always receive their entitled rest and meal breaks. According to the award, day workers are entitled to a ten minute rest break in the morning, and both day and shift workers must receive a 30 minute meal break and up to an additional 30 minute rest break for extended overtime shifts.
Last week, Ashley received three phone calls from different site supervisors who overheard their traffic controllers talking about a possible strike if conditions don’t improve soon. Ashley has received an email from a disgruntled traffic controller who has discussed the case with the union representative and is determined to take his grievance to the Fair Work Commission in order to get matters resolved.
Ashley is concerned about the impacts to the business of a strike and possible intervention from the courts and has come to the Human Resources Manager for advice and support on how to handle the sensitive matter.
Appendix 1: Policy and procedure layout
In this section: Provide an overview of the purpose of this policy/procedure. Avoid using abbreviations, acronyms and not yet defined terms. Consider your opening line. i.e. ‘This procedure establishes guidelines for …’
In this section: State the people and instances that this policy applies to. If this policy/procedure applies to some situations but not others explain this here.
In this section: Include any background information which provides the context to the policy/procedure.
In this section: All terminology used must be detailed here including defining acronyms.
In this section: Is this policy/procedure or elements of this policy/procedure governed by legislation? If yes, provide legislation title.
In this section: Provide a statement regarding the organisation’s approach, intended course of action and principles that relate to the topic being covered by the policy. Include a statement about the organisation’s commitment to achieving desired principles and action. Include general guidelines and specific rules that apply to this policy/procedure. You may also make reference to other policies.
Use a common opening phrase. ‘The policy of Company is to ensure …’
In this section: Include specific instructions, preferably in step-by-step form, for performing actions required by the policy.
For example, an induction procedure should include instructions on the tasks that must occur during induction, and may also include a checklist tool that aids in providing all the information and training required during an induction session.
Include details of related documentation both internal and external which should be read in conjunction with this policy/procedure. For example:
? other policies and procedures
? forms and checklists
? third-party manuals ? instruction videos.
8. Verification/authorisation/approved by
In this section: include the title and name of the person who is responsible for this document having been approved for circulation.