MMH349 Employment Relations

Description

The aim of this task is for students, through research of discipline specific academic literature and other authoritative sources (for example policy statements or submissions to government established inquiries), to examine and seek to develop a comprehensive understanding of select aspects of the legislation enacted for the purpose of regulating Australian workplace relations and the debates that surround them, and to critically evaluate the operation and impact of such legislation in the modern Australian employment context.

Specific Requirements

Setting the scene:

The Fair Work Act 2009 (Cwlth) is the major legislation regulating Australian workplace relations. It has been in operation for more than a decade. The business environment, state of technology, labour market conditions, types of employment, and the economy more generally, have all undergone significant change since it was first enacted. As such, there has been a growing level of criticism directed towards the operation of the Act from employer associations and the organisations they represent, and equally from the trade union movement and the workers they represent. Many of these criticisms relate to enterprise bargaining.

On one side of industry, the Australian Industry Group (AIG) has recently argued, in its ‘2022 Federal Election Policy Statements: Workplace Relations Policy – Enterprise Agreements’, that “unless the current problems with the enterprise agreement system are fixed the system is set to continue to wither on the vine” (p.1)

On the other side of industry, Sally McManus Secretary of the ACTU (Australian Council of Trade Unions) has also publicly criticised the bargaining system as it currently operates under the Fair Work Act 2009, suggesting in a speech delivered on the 14th of July 2021, as part of the Australia Institute’s 2021 webinar series, that:

The wage crisis for workers, the destruction of the fair go, the creation of a working underclass, the betrayal of the great Australian bargain is the deliberate outcome of conscious policy. It was caused by policies designed to weaken the bargaining power of workers. When workers try and bargain in Australia, it is like being tied to a chair and asked to stand up when every arm and every leg is tied down ……the current laws do not support workers bargaining for wage rises. Collective bargaining is harder than it has ever been for working people……Our collective bargaining system needs to be updated and rebalanced to give all workers the ability to access the system to deliver fair pay increases.

Clearly, given that the enterprise bargaining processes set out in the Fair Work Act 2009 have been criticised by key stakeholders on both sides of industry, it is a system under pressure, and is likely to be subject to reform following the 2022 Australian federal election.

The Assessment Task:

In the context of the background information presented above, you are required to research and write an essay that presents a critical analysis of the following questions:

• As prescribed by the Fair Work Act 2009, what legal obligations and entitlements need to be observed when employers and employees (and their unions) engage in enterprise bargaining?
• What are the main criticisms of the enterprise bargaining provisions in the Fair Work Act 2009 put forward by employer associations on behalf of employers, and what remedies for reform are they arguing in favour of?
• What are the main criticisms of the enterprise bargaining provisions in the Fair Work Act 2009 put forward by the Australian trade union movement on behalf of workers, and what remedies for reform are they arguing in favour of?

In answering the first question, you need only provide a summary of the enterprise bargaining process as established by Fair Work Act 2009. In doing so, note that there is no need to reproduce the provisions of the Act in full or word for word. Rather it is beneficial to the learning process to discuss the provisions that you identify as pertinent to the questions in your own words as much as possible. In answering the remaining two questions, you need only offer representative examples of what you consider to be the most important criticisms being put forward by the organisations in question, and similarly the most significant arguments for reform. You should conclude the essay as to which set of arguments appears the most compelling, and why you deem it to be so (i.e., consider the strength of the evidence on which the arguments put forward have been made).

Presentation:

A professional-looking document builds credibility.

Your essay should be presented in a reader-friendly way, so please ensure it:

• has a title page (which includes the title of the task, your student number, name, and the word count for your submission (excluding the reference list)
• is written in essay format
• is in arial 12pt font
• is 5 or double spaced with 2 cm margins on each side
• has numbered pages
• uses correct in-text referencing (Harvard system), and
• includes a reference list which is correctly formatted (Harvard system) and begins on a new

Learning Outcomes

This task allows you to demonstrate achievement towards the unit learning outcomes. The ULOs are aligned with specific graduate learning outcomes – that is, the skills and knowledge graduates are expected to have upon completion of their studies – and this assessment task is an important tool in determining achievement of those outcomes.

If you do not demonstrate achievement of the unit learning outcomes, you will not be successful in this unit.

It is good practice to familiarise yourself with the ULOs and GLOs as they provide guidance on the knowledge, understanding and skills you’re expected to demonstrate upon completion of the unit. In this way they can be used to guide your study.

Submission

You are to submit your assignment in the Assignment Drop Box provided in the CloudDeakin unit site on or before the due date.

When uploading your assignment, name your document using the following syntax: <your Deakin student ID number_your surname_ MMH349_A1.doc (or ‘.docx’). For example, 123456789_Jones_MMH349_A1.doc’.

Submitting a hard copy of these tasks is not required.

You must keep a backup copy of every assignment you submit, including group ones, until the marked assignment has been returned. In the unlikely event that one of your assignments is misplaced, you will need to submit your backup copy.

Any work you submit may be checked by electronic or other means for the purposes of detecting collusion and/or plagiarism.

When you submit an assignment through your CloudDeakin unit site, you will receive an email to your Deakin email address confirming that it has been submitted. You should check that you can see your assignment in the Submissions view of the Assignment Dropbox folder after upload, and check for, and keep, the email receipt for the submission.

Marking and feedback

The marking rubric for this task is provided at the end of this document.

It is always a useful exercise to familiarise yourself with the criteria before completing any assessment task. Criteria act as a boundary around the task and help identify what assessors are looking for specifically in your submission. The criteria are drawn from the unit’s learning outcomes ensuring they align with appropriate graduate attribute/s.

Identifying the standard you aim to achieve is also a useful strategy for success and to that end, familiarising yourself with the descriptor for that standard is highly recommended.

Students who submit their work by the due date will receive their marks and feedback on CloudDeakin 15 working days after the submission date.

Extensions

Extensions will only be granted for exceptional and/or unavoidable circumstances outside the student’s control.

Students seeking an extension for an assignment prior to the due date should apply directly to the Unit Chair by completing the Assignment and Online Test Application Form, and then emailing it to Dr Kerrie Saville [email protected] Requests for extensions will not be considered after 12 noon on the relevant due date. Applications for special consideration after the due date must be submitted via StudentConnect.

Late submission

The following marking penalties will apply if you submit an assessment task after the due date without an approved extension: 5% (2 marks) will be deducted from available marks on the task (40) for each day late up to five days, and work that is submitted more than five days after the due date will not be marked and will receive 0% for the task.

'Day' means calendar day for electronic submissions. The Unit Chair may refuse to accept a late submission where it is unreasonable or impracticable to assess the task after the due date.

Calculation of the late penalty operates as per the example provided below: this example is based on the assignment being due on a Monday at 8:00pm.

• 1 day late: submitted after Wednesday 4/5 11:59pm and before Thursday 5/5 11:59pm– 5% penalty = 2 marks
• 2 days late: submitted after Thursday 5/5 11:59pm and before Friday 6/5 11:59pm – 10% penalty = 4
• 3 days late: submitted after Friday 6/5 11:59pm and before Saturday 7/5 11:59pm – 15% penalty = 6
• 4 days late: submitted after Saturday 7/5 11:59pm and before Sunday 8/5 11:59pm – 20% penalty = 8
• 5 days late: submitted after Sunday 8/5 11:59pm and before Monday 9/5 11:59pm – 25% penalty = 10

Dropbox closes Monday 9/5/22 after 11:59pm AEST time. Late submissions, where no approved extension or special consideration arrangement is in place, will not be accepted once the drop box is closed. In this scenario students will be awarded a 0 on the task.

Support

The Division of Student Life provides a range of Study Support resources and services, available throughout the academic year, including Writing Mentor and Maths Mentor

online drop ins and the SmartThinking 24 hour writing feedback service at this link. If you would prefer some more in depth and tailored support, make an appointment online with a Language and Learning Adviser.

Referencing

Any material used in this assignment that is not your original work must be acknowledged as such and appropriately referenced. You can find information about plagiarism and other study support resources at the following website: http://www.deakin.edu.au/students/study- support

Academic misconduct

For information about academic misconduct, special consideration, extensions, and assessment feedback, please refer to the document Your rights and responsibilities as a student in this Unit in the first folder next to the Unit Guide in the Resources area of the CloudDeakin unit site.