he Fair Work Ombudsman’s (2017) ‘best practice guide [for] Improving workplace
productivity in bargaining’ heralds a range of advantages associated with enterprise
bargaining:
The Fair Work Act 2009 promotes productivity, fairness and cooperation through an
emphasis on enterprise-level collective bargaining, underpinned by simple good faith
bargaining obligations and clear rules regulating industrial action. Enterprise
bargaining is a way of fostering a culture of change in the workplace and is a valuable
tool in the process of continuous improvement. It can assist in the creation of
responsive and flexible enterprises and help to improve productivity and efficiency.
Increased productivity can provide higher wages to workers or more secure and
satisfying work, higher profits to employers and lower priced goods and services to the
public.
Sally McManus (2018), the Secretary of the Australian Council of Trade Unions, has different
view, as she has declared that the present system of enterprise bargaining is ‘broken’:
When we moved to an enterprise bargaining system, we imagined that the vast
majority of Australian workers would be covered by enterprise agreements. Awards
would only be a safety-net for a small number of workers. In response our award
system has been stripped back to the bare minimum. But enterprise bargaining is
failing, and more and more people are depending on hollowed out awards. …
Enterprise bargaining is so restrictive, so excessively regulated, it is smothering wage
growth. The economy cannot grow unless wages grow. Working people must have
greater freedom to negotiate and our laws must assist them even up the power
imbalance so they can negotiate fair pay increases.
Assignment
Collective bargaining classification are into three (3) connotations of Mandatory, Permissive and illegal. How is mandatory different from permissive?
Section 97 of the Labour Act 2003 (Act 651), enjoins parties to the negotiation of a collective bargaining to negotiate in good faith and make every reasonable effort to reach an agreement. The section goes further to explain the Duty to Negotiate in Good Faith between or among the parties in four (4) subsections. Sub-section two (2) of this clause states “the purpose of subsection (1), either party to the negotiation shall make available to the other party information relevant to the subject matter of the negotiation” What in your view is the essence of this clause entreating members to a negotiation to make available to other party information relevant to the negotiation?
In Ghana, the Pension Act 2008 (Act 766) enjoins all formal sector employees to contribute to pension in a mandatory form into SSNIT for both their future lump sum pension benefits or monthly allowance. Which category of employees are exempted from this Pension Act order and indicate how these exempted entities draw their pension benefits
It is said a rational employer stops employment where the Marginal Revenue Product of Labour (MRPL) and the Marginal Cost of Labour (MCL) of the worker equal? What explanation can you ascribe to this statement?
One of features of Collective Bargaining process is a binding agreement? Why is this so?
Collective bargaining operates at three levels of: National Sector or industry Company/enterprise
Demonstrate how each operate
Perquisites are offered to retain competent executives and employees. What is perquisite?
In developing a compensation package for employees so as to allow for effective collective bargaining and negotiation process, there must exist condition precedent as job analysis. This job analysis leads to two results of job description and job specification. What is the difference?
The three (3) service providers established to work under the new pension reforms of 2008 Act 766 are Trustees, Fund Managers and Custodians. Explain what each perform and establish their links in the performance of the pension activities in Ghana Every collective bargaining agreement must result in aa collective bargaining certificate. Who is responsible for the issuance of such certificate?
Explain the term “a standing negotiating committee” as pertains in section 101 of the Labour Act 2003, (Act 651)
Section 107 of the Labour Act 2003, (Act 651) talks about the duration of a collective bargaining agreement. Our studies in collective bargaining indicated that a typical collective agreement in Ghana is for an average period of two years. Is this term sacrosanct?
For negotiation to take in work environment, the bipartite members must select their representatives of which these members of the negotiating team must clearly define the following: Initial offer/demand Resistance point Aspiration point the bargaining mix Bargaining zone
Negotiation and bargaining are the term same but differ in application. Explain how they relate Besides the four (4) main approaches to negotiations are attitudinal restructuring and intra organizational bargaining. What are their purposes? The concept of the 1992 Constitution’s article 71 holders is “scratch my back and I scratch yours between the executive and the legislature. Why is this so? The expenditure charged on the Consolidated Fund, shall be determined by the President after legislative approval. What then is this concept called consolidated fund? Collective bargaining process is always a bipartite approach. What then is this bipartite approach and under what circumstances can it change to tripartite? What is informal minimum wage? Explain the term shop steward as related to negotiations
Your Task
You will engage in a negotiation for the sale and purchase of a commercial asset such as a
business or a piece of real estate.
Assessment Description
You may be nominated to represent the vendor and will receive email instructions from the
vendor company CEO including:
1. Appointment to represent the company as their agent for the sale of the commercial asset;
2. Specific details about the commercial asset;
3. Information about the status of current negotiations with an alternative potential purchaser;
4. Information about a new potential purchaser;
5. Contact details of the agent appointed to represent the purchaser.
Alternatively, you may be nominated to represent the purchaser and will receive email
instructions from the purchaser company CEO including:
1. Appointment to represent the company as their agent for the purchase of the commercial
asset;
2. Specific details about the commercial asset;
3. Information about alternative assets the company is considering purchasing instead;
4. Information about the vendor;
5. Contact details of the agent appointed to represent the vendor.
Your Task
You will engage in a negotiation for the sale and purchase of a commercial asset such as a
business or a piece of real estate.
Assessment Description
You may be nominated to represent the vendor and will receive email instructions from the
vendor company CEO including:
1. Appointment to represent the company as their agent for the sale of the commercial asset;
2. Specific details about the commercial asset;
3. Information about the status of current negotiations with an alternative potential purchaser;
4. Information about a new potential purchaser;
5. Contact details of the agent appointed to represent the purchaser.
Alternatively, you may be nominated to represent the purchaser and will receive email
instructions from the purchaser company CEO including:
1. Appointment to represent the company as their agent for the purchase of the commercial
asset;
2. Specific details about the commercial asset;
3. Information about alternative assets the company is considering purchasing instead;
4. Information about the vendor;
5. Contact details of the agent appointed to represent the vendor.
Read the following statement: “Employing the power and potential of conflict in the workplace enables participant collaboration and drives company productivity. “Discuss: What is your perspective? Organize your ideas and write an answer in a 2-3-page APA style document. The text must be based on research: Use your textbooks and consult Internet pages to collect data that supports your perspective. Remember to include the references of the consulted sources.
Write a 500 words summary for following attached scenario-based case study.
According to this scenario, the intrastate business currently is interested in updating all its functions. However, it has decided that it will only afford to update two of the systems now. The three systems are the company’s website, payroll and sock/inventory system. This business is willing to listen to the IT company regarding the services that will be most suitable among the three. The small business and the IT company have tried to negotiate a workable solution for both parties but have been unable for find a common ground.
The small business and IT company are negotiating on which two systems among the three that should be prioritized. Every student, acting as regular employees are to provide their views on the importance of considering the system they choose for action. They should set parameters on how the business operates that are to be communicated to the IT business and the mediator.
The problem in this scenario arises where the intrastate is willing to update all its systems but can only afford for two updates. Negotiations between the IT company and small business are underway, but a solution is not yet found.
The two businesses have agreed to involve a mediator in their situation. A mediator will help the two parties to into a common agreement concerning the matter of updating the systems. Should there be no mediation in this matter, the two companies will not come to an agreement. This will lead one company to suffer as the other enjoys the benefits. Therefore, an intermediary is very needful by both the parties.