Fair Work – The New IR Landscape

The New Landscape in IR, employees new language and concepts

We prepared a special Training Day that focuses on collective bargaining only. The Training Day armed the guests in the following ways it;


• Provided an easy to understand break down of every technical step along the enterprise/collective bargaining path,


• Introduced Commissioners of Fair Work Australia who explained each technical step as it is applied and understood by Fair Work Australia in easy to understand language


• Advised the pitfalls and what that means to businesses. It then took leading negotiators in industrial relations to explain the safe path to negotiating an agreement then acted out what should and should not be done and what is the result.

The entire day was chaired by retired Commissioner Brendan Eames. Brendan Eames is a practical, robust and very experienced IR practitioner and past Commissioner who focused the discussion on what practically employers need to know.

The Training Day will be divided into two sessions:

SESSION 1

Commissioner Blair discussed, “Taking the Right Steps for Bargaining Preparation.”
In addition, Andrew Douglas discussed,
• What terms are your workers employed under
– NES – Enterprise Agreement (EA)
– Individual Flexibility – Common Law Contract
Arrangements (IFA) – Modern Award
• What are the timelines, procedures and processes essential for bargaining
• What is a Bargaining Representative, Does it have to be a Union, Does there have to be only one? What happens in the event of disputed representation
• What does new Good Faith Bargaining concept mean
• Individual Flexibility Arrangement – what must you do, what can you change, how do you implement and manage them
• Common Law Contracts – when and how to use them

Commissioner Whelan discussed, “Good Faith Bargaining – what it is, what its not, what happens if you breach it and how Fair Work Australia assists.”

In addition, Andrew Douglas discussed,
• What are adverse action claims and how can they be used in bargaining Employees/Unions vs. Employers
• Good Faith Bargaining Orders – How Employers/Unions-Workers will use them, on what basis and how to best utilise Fair Work Australia
• Industrial Action – comparative powers and responses permitted
• The Role of Dispute Resolution – how to engage it, use it and mange the process

Commissioner Cribb discussed, “The Bargaining Brain – How to manage your employees and union delegates during a bargain and what happens if you get it wrong.

In addition Andrew Douglas discussed,
• HR/IR Practitioner role – managing and educating operations
• Documentation
• How to manage key meetings
• Policies and Procedures
• Chain of command responsibility
• Keeping to corporate values/performance management and discipline

SESSION 2

Perry Zoelfel from Frontline HR and Brian Stapleton from Periploi Group, provided a Practical Guide to prepare for the bargain.
• What is in an Enterprise Agreement – flexibility provisions, modern awards & IFA’s
• The Plan – the concession, the contingency and the responses
• The business plan, preparation, customer/employees communication
• Documentation/Communication – avoid adverse action/good faith bargaining and other intervention orders by Fair Work Australia (FWA)
• Practical Guide to prepare for the bargain

In addition, Perry Zoelfel from Frontline HR and Brian Stapleton from Periploi Group, demonstrated practical examples of what is good faith and bad faith bargaining – with

To view photos from the event click here.