Barrier or Bargaining Chip? - LASA...
Transcript of Barrier or Bargaining Chip? - LASA...
Barrier or Bargaining Chip? Navigating and using workforce regulation
to your advantage
LASA National Congress 2017
Jessica FisherPartner and Aged Care Team Leader, FCB Workplace LawM: 0413 945 996 | P: 02 9922 5188 | E: [email protected]
Josh KeechExecutive General Manager People and Culture, The Whiddon GroupM: 0400 347 336 | P: 02 9827 6610 | E: [email protected]
Objectives
• Examine key trends and game changers in
enterprise bargaining
• Assess any recent changes in attitudes and
approaches
• Consider regulatory challenges including
award limitations, the FWC approval process
and discrimination
• Explore practical strategies for overcoming
challenges
2017 Survey
• In 2015, FCB Group launched our inaugural enterprise bargaining survey for the aged care
industry
• The results spanned 45,000 residential beds and 70,000 employees, granting us a rare insight
into the bargaining trends and attitudes of the industry
• 2 years later, we have developed a second survey, designed to assess whether (and how)
those attitudes have changed
• 2017 Results covered:Bed numbers represented
Approx.40,000
Association
Membership
50%
38%
18%
3%
LASA ACSA Guild SIAG
Employees represented
Approx. 50,000 -
60,000
Organisational Representation
Sector Locations
FP 41%
NFP 59%
Services
12%18%
53%59%62%
91%
15%
47%15%
24%
71%
Victoria – 47%Tasmania – 12%ACT – 24%
Experience with Enterprise Bargaining
79%
Have conducted face-to-face meetings or engaged
in direct bargaining communications with
unions/employees
47%
Have been part of a team managing a bargaining
strategy/process
35%
Have been involved in the administration/
management of staff covered by an enterprise
agreement
3%
Have no experience with bargaining or agreements
Yes
88%
No
12%
DOES YOUR ORGANISATION HAVE A CURRENT EA?
2015 – “Yes” was 98%
Flexibility
Only
15%of providers
draft their own
agreements
Examples of flexibility
Increased
parental leave
entitlements
Domestic
violence
provisions
Other types of
additional/
extended leave
Ability to use
existing leave for
reasons
associated with
DV
Counselling
Flexing P-T
workers to
manage
workflow
Possible “dual”
roles
Dual locations of
work
Extensive,
24%
Minimal,
28%
Moderate,
48%
Level of Innovation
Extensive Minimal Moderate
Barriers to Bargaining
Union resistance Cost/resourcelimitations
Limitations in theFair Work Act
Expectations ofthe workforce
Do you believe unions…
Drive innovation, flexibility/ efficiency/
productivity?
Reduce the incidence of workplace
disputes?
Simplify / improve bargaining?
81%
85%
85%
Overcoming Hurdles
• Solution: draft an EA tailored to the business’s needs (eg demand-driven roster flexibility, additional hours for part-time employees)
• Solution: individual flexibility agreements
Barrier: Award limitations/inflexibility
• Solution: conduct employee surveys to identify the genuine concerns/ interests of the employees
• Solution: Empower and educate employees
• Solution: offer staff incentives
• Solution: good faith bargaining orders
Barrier: Union resistance
• Solution: outsource to ER experts
Employer Association
HR/Lawyers
• Solution: use the right industry templates as the sound basis for your EA
Barrier: Lack of HR resources
Innovation Examples
• Staff ratios
• Domestic violence provisions
• Workload management
• Scope and coverage issues
• Pay percentages
• Innovative clauses
Jessica FisherPartner & Aged Care Team Leader
FCB Workplace Law
Josh KeechExecutive General Manager People and Culture
The Whiddon Group
M: 0413 945 996P: 02 9922 5188
E: [email protected]: www.fcbgroup.com.au
M: 0400 347 336P: 02 9827 6610
E: [email protected]: www.whiddon.com.au
Thank you