The current ABS stats on Industrial Action released recently indicate a significant increase in the number of days lost due to the increase instances of Industrial Action.

Whilst stats are open to interpretation from both sides, employers and unions, lets focus more on why Industrial Action takes place.

The main causes can vary, but the biggest cause boils purely down to bad communication. First off lets be clear that the "union" is not the officials standing waving flags,…

Seems in a recent decision (Applicant vs Linfox Armaguard PTy Ltd) its ok in moderation. 

Whilst I don't agree that behaviour of the nature outlined in this dispute is acceptable at all, particularly when loaded firearms are present, it does spark the question of "When is what might be harmless bad language and mucking around step over the line into inappropriate behaviour?".

For me the answer is simple. It's not acceptable, and should not be condoned or ignored. In order to…

At some stage in your career you will be called upon to effect an Employment Separation. This is unavoidable, and anyone who says they never will is kidding themselves.

It is a somewhat traumatic event for an employee. In most cases they will not truly understand why they are being terminated. Others may see it as a relief. Some will see it as an opportunity to extort money from the employer. Others will view it as an opportunity to move on to bigger and better things.

All this…

As what can only be described as yet another blow to employers, the Federal Court has upheld the right for unions to take legal strike action before any bargaining has taken place. 

Three Federal court judges last week found that no union was obliged to show any employee support or meet any other test if employers refused to engage in bargaining.

Needless to say the Union movement has heralded the decision as a landmark victory for workers rights. Now whilst most IR…

There has been an on-going debate amongst industry groups, businesses and unions, about "insecure employment". The Australian Council of Trade Unions broadly defines insecure employment pretty much as any form of employment other than direct, full time employment with an employer.

Needless to say the ACTU casting such a broad brush has brought about some interesting responses from industry groups,and organisations such as the IPA. 

Whilst it is assumed that most employees seek…

Contrary to what you see in the movies and tv shows, the way to increase your employees productivity is not through the use of derogatory language, whips or Dilbert-like management. The most effective way is by simple communication.

There is almost monotonous regularity of media reports of failing productivity, of employers blaming the Fair Work Act, of unions blaming employers for their “lack of compassion and understanding of their employees”. Neither is completely wrong, nor…

Facebook, Twitter, Myspace…The list goes on.  Without researching the exact figures, it would not be unrealistic to assume that well over half the world’s population has at some stage in their personal and professional lives either “posted” or “tweeted” something into cyber space.

The recent move from Facebook, to increase the privacy protection of its users, has been hailed as a good move by those of us that use the social media outlet to stay connected to friends and…

Contrary to popular belief a Unions power is not enshrined within the confines of the Fair Work Act. 

For months now employers and public have been bombarded with statements of "inflexible" legislation. The "unfair dismissal monkey riding our backs". "Where has our productivity gone?".

My question is simple. How many lawyers, HR and IR Managers, Business Managers, Business owners and the like, have taken the time to learn what they CAN do, instead of simply listening to what…

As part of the Award Modernisation process, it was identified that every Modern Award was to contain a “Flexibility Term”. The original intent was to enshrine a mechanism in the awards for employees to seek flexible working arrangements to allow for family responsibilities etc, or alternatively for them to seek flexibility in terms of the certain arrangements or conditions in the Awards or Enterprise Agreement. 

Individual Flexibility Arrangements are not lodged with FWA, therefore…

A Code of Conduct is an essential part of any employment relationship. It sets clear, indisputable boundaries of behaviour and expectations, for both the employees and the employer.

To establish a truly sustainable business, you need to not only deliver high standards of service and product to your customers, but you need to also demonstrate behaviours that are consistent with your businesses values and expectations.

Now there is no right or wrong format for a Code of Conduct,…

The most contentious point of any negotiation/discussion about wages and conditions linked to productivity is how you measure the productivity changes. It is important for negotiators to be aware that the productivity gains do not necessarily equate to job losses, or loss of current conditions.

With the recent media exposure in regards to agreement outcomes for some major australian industries, it begs the question, is the art of effectively negotiating…

So why are negotiators failing to secure productivity gains during union negotiations? One simple answer, they are unaware that the Good Faith Bargaining door swings both ways.

So lets examine, in brief, a typical negotiation scenario. The union surveys its members for what they want as outcomes to the negotiations. The employer (if properly supported/advised) establishes a negotiation framework. This sets clear boundaries for their negotiators in terms of what productivity…

There seems to be a growing number of instances where HR Consultants/Advisors and Managers are confused about the minimum requirements for the provision of a Right Of Entry Notification under the Fair Work Act, allowing unions to gain access with non-compliant notifications.

There are a number of instances where union officials can exercise their right of entry, the most common being entry to hold discussions with employees who are members of the union under the unions…

With the recent media reports around the rapidly decreasing level of productivity in australian businesses, and employer associations focused on unproductive political lobbying to have the Fair Work Act changed, one question springs to mind. Why are employers so afraid of IFA's? 

The intent around the use of IFA's is to allow the employee in essence to not only request, but to have a meaningful discussion around changing certain conditions of employment to facilitate a better…

There are various definitions of workplace bullying, but for those who are uncertain, it can be described simply as “the repeated, less favourable treatment of a person by another or others in the workplace, which may be considered unreasonable and inappropriate workplace practice.”

Now that I’ve got the definition out of the way I’ll scare you a little more.

There would not be a business in Australia that at some stage has not had a workplace bullying incident.

Examples…

One of the regularly highlighted weaknesses of the Fair Work Act 2009 is the trade unions ability to impose work bans for indefinite periods in pursuit of unsustainable improvements to wages and conditions, without the necessity for any productivity improvements being offered to the employer as an offset.

Unions bargaining around the country continue to reject acceptable wages increases averaging 3-4%. This has been an acceptable and sustainable percentage wage increase across a…

All too often, both employers and employees, think that Performance Management is a disciplinary tool by which to rule over all. Well it isn’t. Yes in some instances Performance Management can, and must, be used to correct inappropriate behavior, or under-performance, but generally it should be seen and used as a way to energize employees, improve productivity, and improve the culture of the workplace.

Now exactly what is Performance Management? Simply put it is an…