Industrial Relations. DIY or Outsource?

Photo Credit: Coastline Windows & Conservatories via Compfight cc
Photo Credit: Coastline Windows & Conservatories via Compfight cc

Your business has grown and employed a number of additional staff members. With this growth comes the additional challenges of deciding which tasks/duties to outsource, and which ones to handle in house.

One of the most common for small business to outsource or ignore altogether is industrial relations.

Both in house and outsourced management of industrial relations have their benefits and drawbacks, though how do you decide which ones to handle yourself and which ones not to?

When To Outsource

Even though I am of the belief that any competent manager should be able to adequately handle a majority of industrial relations challenges, there may come a time where outsourcing it, is the best option for the company.

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Unfair Dismissal. The Good, The Bad, And The Ugly

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Photo Credit: www.BackgroundNow.com via Compfight cc

On one side of the coin, you have business groups, and those pandering to that agenda telling anyone and everyone who will listen how Australia’s unfair dismissal laws are restrictive and holding business back from employing more people.

Then on the other side of the coin are the unions and The Greens who say that the laws don’t go far enough to protect workers.

With both sides getting time in the press, who is the business owner to believe?

Unfair Dismissal – The Good

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Scott McIntyre, Social Media, and Company Policy

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Scott McIntyre source: twitter

Social media and company policy.

Two of the things that are often seen to be in conflict with each other, and have been the subject of an unknown number of discussions, and unfair dismissal complaints.

These have both come to national attention lately with the comments and subsequent termination of former SBS Football Reporter/Presenter, Scott McIntyre.

While I am not going to repost or repeat his tweet here, SBS found the numerous tweets to be inappropriate and in breach of both their Code of Conduct, and Social Media Policy.

What makes this example interesting is that every backyard lawyer is coming out of the woodwork saying SBS is silencing free speech. Actually, there are even lawyers and barristers saying the same thing.

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Workplace Bullying. Is It Or Isn’t It?

Do you know what workplace bullying looks like?

Could you easily define it as behaviour x?

Or, does it depend on the workplace, and who is involved?

Consider for a minute the two clips below, from the Channel 10 program Studio 10, with both featuring Sarah Harris and Joe Hildebrand.

Clip #1, titled Joe Gets Creamed shows Joe having an ice cream shoved in his face a number of times by Sarah.

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Episode 08: IR Simplified Podcast

In this episode of the IR Simplified Podcast I dispel some of the most common myths surrounding industrial relations. * Industrial Relations is all about fighting with unions * The Fair Work Act is the enemy of business * Without a degree you are wasting your time * The unions are out to shut businesses … Read more

Episode 06 – IR Simplified Podcast

Episode 06: IR Simplified Podcast

This episode is dedicated to answering listener questions.

The first question comes from Simon in Templestowe who asks a question about termination of employment.

The second question comes from Tania in Brisbane who asks a question about enterprise agreements.

There is also the opportunity for listeners to receive a massive 50% discount off the price of a premium access pass to the IR mini Summit in February.

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Episode 04 – IR Simplified Podcast

In this episode, I will talk about the continual doom and gloom comments by industry groups, those IR practitioners who mimic their comments,  clarifying some confusing points about enterprise agreements, and whats in store in the coming IR mini Summit. Australian Industrial Relations group on LinkedIn IR Simplified mini Summit

Forgotten Pawns | IR Simplified

The Forgotten Pawns In Australia’s Industrial Relations Battle

Forgotten Pawns | IR Simplified
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There is a never ending battle for supremacy in industrial relations in Australia.

On one side of the battle ground you have the employer associations screaming at the government that Australia’s restrictive workplace legislation is killing productivity, blowing out wages, and restricting growth.

They also claim that the current Right of Entry provisions give the unions virtually unrestricted access to their business.

On the other side are the employee groups, or trade unions, and they are screaming the opposite. The legislation doesn’t go far enough to protect employees from unscrupulous employers or enshrine job security. And that the Right of Entry provisions are too restrictive and don’t allow permit holders quick access to workplaces to protect members when things go bad.

Both sides claim that only by joining their organisation will you be able to protect yourself from the evil that will soon come.

And yet throughout all of this, the poor business owner/manager and employee are quickly forgotten. The reality is that they are nothing more than pawns in a popularity contest to see who holds the most influence with the government of the day.

Members Are Being Lied To

The cold hard truth of the matter is that both employer and employee groups don’t want their respective potential and current members to be able to solve their IR problems themselves, because if they did, they would soon realise that there is no point in staying a member.

Whilst they do provide a ‘service’ to their members in the form of a contact line to seek advice on their IR related issue. Actual advice on how to prevent it happening again is scarce or vague at best.

Both sides tell their respective members and future members, that Australia’s employment legislation is extremely complex, and it is only with their expert help that the average person will be able to understand it.

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Did Steve Knott Get It Wrong?

Photo Credit: Lars Plougmann via Compfight cc
Photo Credit: Lars Plougmann via Compfight cc

Steve Knott, Chief Executive of AMMA, when talking about the Fair Work Act 2009 stated “… for too long employers have battled an ineffective and uncompetitive workplace system that creates barriers and distractions to leadership, innovation and productivity.” That unions were “…forcing employers to process a phone book of union claims, effectively excluding any real opportunity to look at ways to improve the competitiveness and productivity of the business”. He goes even further to say that “The system also leaves employers under a constant threat of strike action”

Is he right, making misleading comments, or showing his lack of understanding of Australia’s employment legislation?

It should be noted that the comments above were made in support of the Fair Work Amendment (Bargaining Processes) Bill 2014 which is currently before parliament.

Way Off The Mark

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Who’s To Blame? The Act or Industry?

Productivity and wages blowout.

These terms are two of the most common ones used as ‘proof’ that the Fair Work Act 2009 is a failure.

Those on the industry side of the fence are all too quick to point out that because productivity is the lowest that it has been in a decade, and wages growth is high, that the Fair Work Act has indeed failed.

Has the Fair Work Act actually failed, or are they just scaremongering to increase public awareness of their brand/increase membership?

If the Fair Work Act has indeed failed, how much of this failure is the fault of industry?

I think they have short memories when it comes to the wages that they offered at the start of the mining boom. Bribing potential employees with the high wages to prevent a skills gap when mining took off.

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