Industrial Relations Solutions ....

 

Keeping pace with the ongoing changes in the industrial landscape and understanding their implications for your business is a continuing challenge. To remain compliant and maximise the opportunities presented by these changes is essential to your business success and Integrated HR Solutions can partner with you to achieve this.

"When it comes to employment matters, it is constantly surprising that employers do not see the need to commit obligations and responsibilities of both parties to paper. Yet they would rarely buy goods or services of value without a contract. Documentation minimises confusion and creates greater certainty. When the obligations and responsibilities are documented, then the parties are entitled to rely on them and expect others to honour them." Commissioner G. Fisher QIRC in C. Costanzo vs Concept Human Resources

Industrial Instruments

The terms and conditions for employees may be determined by a number of different industrial instruments or combination of sources which could include Awards, Agreements, Contracts of Employment and legislation, and for this reason it is critical for employers to understand what applies to their employment arrangements. To complicate matters, the Fair Work Act 2009 commenced on 1 July 2009 in most respects (except for the National Employment Standards and the Modern Awards, which commenced on 1 January 2010), and replaced what was generally known as the "WorkChoices" legislation bringing with it significant changes that need to be considered.

  • Enterprise Agreements
  • Employment Contracts
  • Agreement & Contract Negotiation
  • Award Interpretation

National Code of Practice for the Construction Industry

To be eleigible for Australian Government funded work, contractors must have an industrial instrument that is compliant with the requirements of the National Code of Practice for the Construction Industry (the National Code) and the Australian Government Implementation Guidelines for the National Code.

  • Determining Industrial Arrangements
  • Code Assessment
  • Code Compliant Employment Contracts
  • Code Compliant Enterprise Agreements

Workplace Investigations

Disputes and conflicts at work can arise from a number of different sources. Examples may include a collective dispute that involves all employees or a group of employees in a dispute over terms and conditions of employment with management, or an individual in conflict with management or other individuals at the workplace that is unrelated to management, or an individual bringing problems to work which then create a problem at work, or the behaviour of an employee that may constitute unlawful conduct. Whatever the reason, a need will arise to conduct a thorough and systematic investigation of the matter in order to collect the facts.

  • Workplace Investigations
  • Harassment Complaints
  • Wage Complaints
  • Unfair Dismissals

Redundancy

Redundancy occurs when an employee is no longer required for work, because the employer no longer needs or requires the job to be performed by anyone. The definition centres around the job becoming redundant, not the employee, and the employee selection and implementation processes used by the employer during redundancy must be justifiable and fair. As part of these processes employers need to pay close attention to consultation obligations as a failure to follow these could expose the employer to the prospect that it was not a genuine redundancy and instead could become a potential unfair dismissal claim. It is also worthwhile to consider that there may be viable alternative strategies to redundancy that an employer can adopt which may assist the business to retain valuable employees until business conditions recover, thereby avoiding the loss of valuable skills and knowledge.

  • Consultation
  • Selection
  • Alternatives