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2001EHR Assignment – Business Assessment: Enterprise Agreement v Industry Award

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Introduction (introduction & Presentation worth 5 Marks)

Recommend 2 paragraphs

Paragraph 1 –

Provide overview of workplace; what it is, where it is, who owns it, nature of work; nature of workforce (no need for references here)

What is the RELEVANT industry award (i.e. Hospitality, Fast Food, Nursing etc.)?

What is the Enterprise Agreement that the Business / Workplace currently operates under (note: this may be an “expired” agreement)?

With whom did the business negotiate the Agreement?

NOTE: details of Awards and agreements are found at the Fair Work Commission site: https://www.fwc.gov.au/

Paragraph 2 – introduces;

Provide a BRIEF overview of the industry award that applies to this workplace

Provide a BRIEF overview of the Enterprise Agreement that applies to this workplace

Summarise the main differences between the Award and the Agreement. In doing so provide:

A brief summary of the benefit to the EMPLOYER

A brief summary of the benefit to the EMPLOYEE

Provide a brief EXAMPLE of how the wage of an employee on the enterprise agreement would be different compared to the award

Outline the major differences between the Award and the Enterprise Agreement as to provisions regarding workforce and stakeholder diversity. These will include such things as:

Provisions relating to Individual Flexibility Agreements as to leave to balance individual needs

Provisions that ensure there are no discriminatory practices as per Fair Work Act s.172 (permitted matters) and FW.s.351 (provisions outlining discriminatory clauses)

Conclusion: why do you think the business negotiated the Agreement? Was the business the main instigator or was it pressure from unions and / or employees?

Industry research (Industry research worth 10 Marks)

Recommend 2 paragraphs

Paragraph 1

Provide overview of the industry: how many people does it employ? Are workers mainly male or female? Are workers mainly casual, part-time, full-time? What percentage of the workforce is in a union? What is the average wage

Discuss LABOUR MARKET circumstances – is it is a COMPETITIVE or NON-COMPETIVE LABOUR MARKET; is it a competitive or non-competitive PRODUCT MARKET

Paragraph 2 – summarise information you have found on the INDUSTRIAL STRATEGIES PURSUED by employers and unions in this industry. This information may come from employer websites, union websites or academic journals.

Industry Award – Summarize the main clauses in the award and explain relevance to business (worth 6 Marks)

Recommend 3 paragraphs

Paragraph 1

Summarize the main clauses in the award that are relevant to this industry and business. For example, in retail the key provisions relate to shift-work.

Explain any operational problems that the award may cause for a business (i.e. double-time penalty rates on Sunday may make it too expensive for Sunday work)

 

Paragraph 2

Summarize the main clauses in the award that would be particularly relevant to employees

Briefly explain provisions that ensure stakeholder and workplace diversity. These may include: flexibility agreements, leave for culturally significant events, prohibitions on discriminatory conduct

Explain any issues that may cause employees to seek alternatives through an Enterprise Agreements

Paragraph 3

Give your views as to who mainly benefits from the current award and why.

NOTE: this may be someone outside the actual business. For example, most people believe that Woolworths and Coles gain from Awards in Retailing as they can afford higher costs better than smaller businesses

Enterprise Agreement – Summarize the main clauses in the Agreement and explain relevance to business (worth 10 Marks)

Recommend 3 paragraphs

Paragraph 1

Summarize the main clauses in the Agreement that are beneficial to the business. For example, in retail the key provisions typically relate to reduced shift / penalty payments

Explain any operational problems that the Agreement may cause for a business

Assess whether the employer is a net beneficiary

 

Paragraph 2

Summarize the main clauses in the Agreement that would be particularly benefit to employees

Explain any issues that may cause employees to be worse off because of Enterprise Agreements

Briefly explain provisions that ensure stakeholder and workplace diversity. These may include: flexibility agreements, leave for culturally significant events, prohibitions on discriminatory conduct

 

Assess whether the employees are net beneficiaries

Paragraph 3

Give your views as to who mainly benefits from the Agreement and why.

PROVIDE AT LEAST TWO EXAMPLES OF HOW THE AGREEMENT WOULD EFFECT AN EMPLOYEE’S PAY. IF THE BUSINESS INVOLVES SHIFT WORK, AT LEAST ONE EXAMPLE MUST INCLUDE SHIFT WORK CALCULATIONS

Workplace and Stakeholder Diversity

(worth 5 Marks)

In discussing the provisions relating to both the awards and enterprise agreements, highlight the provisions relating that strengthen workplace and stakeholder diversity. This discussion should include but not be restricted to the following:

Provisions relating to individual flexibility agreements

Provisions relating to personal / carers’ leave

Provisions that facilitate trade union membership

Provisions that prohibit discriminatory conduct

Provisions that facilitate leave for events of cultural significance for particular ethnic or religious groups

Outline the benefits of this for employees, and any possible costs

Outline the benefits and costs of these provisions for employers

Discussion and Conclusion (worth 9 Marks) – Reflect on what this Enterprise Agreement says about Industrial Relations in this Industry

Recommend 2 paragraphs

Paragraph 1

Outline any research that has been written about employment relations in this industry or research that is relevant. You may wish to look at journals such as: Journal of Industrial Relations, Labour History, Journal of Management History

 

Paragraph 2

Summarize why you think the outcomes that you have described have occurred.

Do outcomes primarily reflect the business using Enterprise Agreements to further its business interests?

Does the Agreement – instead – reflect trade union strength in this industry?

Who is better off?

Who is worse off?

WHY?

2001EHR Assignment – Business Assessment: Enterprise Agreement v Industry Award – Marking Guide