Research Paper on "Roles and Responses of Key Actors"

Research Paper 7 pages (2429 words) Sources: 15 Style: Harvard

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Roles and Responses of Key Actors in Employee Relations

The best way to analyze the current situation of employer / worker relationships in Australia is by assessing three of its very different key Acts dedicated to work-site environment. These are the QLD Health & Safety Acts (2011), the Petroleum and Gas, Production and Safety Act (2004) and the Western Australian Mines Safety and Inspection Act (1994). Focus will be made on its employer-worker relations during the years and investigation will be conducted into whether any improvement or change can be noted. Discussion will then be conducted of changes if any did indeed occur.

The QLD Health & Safety Acts 2011,

This stipulates that health and safety of workers and all person must be ensured to the fullest extent possible and this means taking into account all relevant matters including;

likelihood of the hazard or the risk concerned occurring

degree of harm that might result from the hazard or the risk

3 what the person concerned knows, or ought reasonably to know about the hazard or the risk and ways of eliminating or minimizing the risk

4 the availability and suitability of ways to eliminate or minimize the risk

The person conducting the business has to expend all necessary costs in dealing the above. He can do this in conjunction with managers from other business but they have to be regularly in consultation with one another as to ways that they can decrease degree of harm on workplace and eliminate risk. They must also consult with their worker to ensure that their regulations

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are meeting required standards and worker's comfort. Unresolved issues are referred to the regulator.

This 2011 Act prescribes that the 'official' employs a positive duty of care in both private and public sector. Def inion of 'officials' include the following: Directors, company secretary, partner, officeholder; those involved in making decisions that affect the whole or a substantial part of the business or undertaking or those with capacity to affect significantly the organization's financial standing

The officers have to possess through and comprehensive knowledge of resources and processes, the nature of the work done on the site, legal system, and legal principles of safety and compliance to health regulations. They have to moreover act in timely manner. Their duty is proactive as is that of the workers at the site. The workers, to o, have to be proactive in taking care of their own health and safety, in complying with policies and instructions, and in ensuring that they do not harm others. The officials, too, can command workers to cease work if they notice or suspect anything wrong in workplace, or if conditions in workplace do not conform to existing laws.

Privileges accorded the workers include the following: The workers can request formation of multiple work groups in order to ensure that the safety needs are being met. Penalties are severe.

Union Inspectors too are given almost unlimited rights and power in enforcing laws. They have powers of entry at will, and can enforce recommendations to improve work-site. (Queensland Govt. Workplace Health and Safety Queensland, 2011. )

2. Production and Safety Act (2004)

The main purpose of this Act is to facilitate and regulate the carrying out of responsible petroleum activities and the development of a safe, efficient and viable petroleum and fuel gas industry in a way that -- (a) manages the State's petroleum resources

(i) in a way that has regard to the need for ecologically sustainable development; and (ii) for the benefit of all Queenslanders; and (b) enhances knowledge of the State's petroleum resources;

and (c) creates an effective and efficient regulatory system for the carrying out of petroleum activities and the use of petroleum and fuel gas

In other words, all aspects of this Act are dedicated to the regulating and optimising petroleum mining activities to make sure that it is carried out in a responsible, safe way and that workers are duly compensated for their labour.

The Act does not deliberate much on worker's rights, merely stating that they must treated fairly, that minimal conditions of workplace safety and health should be in accord, that they should receive their rightful compensation, and that all possibilities of adjudication should be in place.

3. Western Australian Mines Safety and Inspection Act (1994,)

The Act covers mines, quarries, and exploration in the mining industry and contains similar obligations to that found in the Occupational Safety and Health Act of 1984.

The Act imposes general duties but also adds more specific duties for securing safety and health for people in the industry and of assistant employers and managers in reducing hazards. This extends to protecting employees against all risks and giving employees an active voice in formulating workplace decisions and regulations that impact them.

A Mines Occupational safety and Health Advisory Board is placed in charge to ensure that duties are met and to advise the Minister of Minerals and Energy on safety and health matters. Inspectors working for the Board inspect sites daily to ensure compliance with regulation.

There are general duties that are placed on employers, managers, and suppliers and criminal penalties if violations occur.

Managers have to ensure that safety is accorded to the extent that "is reasonably practicable' (s9). Safety precaution extend not only to employees but to anyone who may be effected by the activities of the industry.

Employees too are adjoined to take reasonable care that they do not fault their health and safety and certain obligations are extended to employees as well as to the conditions of the mines.

Identify recent changes in employee relations

The evolution of the Acts and investigation of their content alone tells us about the difference in the worker-employee relations in recent years. The QLD Health & Safety Acts is 2011. The Production and Safety Act is 2004, whilst the Western Australian Mines Safety and Inspection Act is 1994 . The QLD Health & Safety Acts goes to the fullest extent possible with the person conducting the business having to expend all necessary costs in ensuring fullest compliance with health and safety even beyond possible accountability (in contrast to the Miner's Act of 1994 where he need not exert himself). He can do this in conjunction with managers from other business but they have to be regularly in consultation with one another as to ways that they can decrease degree of harm on workplace and eliminate risk. They must also consult with their worker to ensure that their regulations are meeting required standards and worker's comfort. The Production and Safety Act (2004) barely touches on worker's rights but contains the spirit of the time in that, as seen later, fundamental privileges and conditions of workers rights and safety had to be kept. Oftentimes, the worker had the upper say. There seems to have been very little change between the 1994 Act and the 2004 Act. Indeed, as we see later, the power of the Union has grown incrementally but only achieved its greatest intensity and strength during the last few years.

The last (the Miners Act (1994)) involves itself with the mining industry and is more similar to the first than to the second in its rights and concern accorded to workers. Instead of the 'officials' who are appointed in the first Act to monitor and observe safety and comply with regulations, a special Board is set up but this board is in direct contact with the appropriate government division that then supervises the site daily. There is, in other words, a more indirect and stricter form of supervision in this case than in the first. However, there are certain radical differences between both Acts driving up to the conclusion that the Union workers are accorded a great deal more power than they are in the first and that power seems to have shifted from worker (as it was largely in the Miners Act) to employer (as it seems to be in the 2011 act) in the 2011 Act, forced entry is performed whenever officials suspect that violation of Acts has occurred. In the second, supervision occurs daily and penalties for violation are severe with the focus centering on victim's rights. Nonetheless, the onus and negotiation-making lies largely with employer.

The Acts are also interesting in that all three indicate the growing power of the Trade Unions in Australia in particular the Australian Council of Trade Unions (ACTU) which is conglomeration of all the trade unions and was engineered in the early 1990s.

the Australian workplace agreement (AWA)

On this point, it is crucial to bring in the Australian workplace agreement (AWA) controversial of 1996 that is criticised by many as seeking to undercut the growing power of the trade unions. The AWA stipulated that employers could offer a "take it or leave it" contract as condition of employment. Inherent, therefore, in contracts was the implication that the advantage lay with the employer; there would always be candidates who would need or want the… READ MORE

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Quoted Instructions for "Roles and Responses of Key Actors" Assignment:

“

Learning outcomes of this report are following:

1. Describe and an***** the roles and responses of key actors

2. Identify recent changes in employee relations in a selected country

3. An***** the role of key factors in driving these changes

4. The appropriate use of academic sources, clearly explained and accurately referenced.

The assessment criteria for this module are following:

1. Recognise the roles and responsibilities of key actors in employee relations

2. Critically evaluate recent changes in employee relations

3. Identify the reasons for changes in employee relations provision

4. Critically an***** a specific form of employee relations provision

5. Use appropriate academic sources to evaluate an academic debate

Course books

There in no one set textbook but the following are relevant.

Dundon, T and Rollinson, D (2011) Understanding Employment Relations 2nd edition McGraw- Hill

Blyton, P. and Turnbull, P. (2004) The Dynamics of Employee Relations Macmillan 3rd edition.

Hollinshead, G. Nicholls, P and Tailby S (eds) (2003) Employee Relations 2nd Edition, Prentice Hall.

Burchill, F. (2008) Labour Relations 3rd Edition. Palgrave Macmillan

Williams, S. and Adam-Smith, D. (2006) Contemporary employee Relations ; A critical introduction. Oxford University Press.

Kersley, B. et al. (2006) Inside the Workplace: Findings from the 2004 Workplace Employment Relations Survey. Routledge

Daniels, K. (2006) Employee Relations in an Organisational Context CIPD

Gennard, J and Judge, G. (2005) Employee Relations CIPD

Bamber, G. et al (2010) International and Comparative Industrial Relations. ***** *****

Colling, T and Terry M (eds) (2010) Industrial Relations Theory and Practice 3rd edition.

Dibben et al (2011) Employment Relations: a Critical and International Approach CIPD

The following books take a more sociological approach ***** they are interesting.

Bradley, H. et al (2000) Myths at Work, Polity Press.

Noon, M and Blyton, P. (2007) The Realities of work, 2nd Edition, Palgrave. (more basic).

You can also get a plethora of information on the *****˜web*****, but be warned, this is of variable quality. Some useful sites include: -

1. Most trade unions have websites.

2. The Department for Business Innovation and Skills has an employment relations site: -

http://www.berr.gov.uk/whatwedo/employment/index.html

3. Specialist topic areas/research centres/pressure groups e.g. involvement and partnership association at: -

*****¢ http://www.ipa-involve.com

and the work foundation

*****¢ http://www.theworkfoundation.com/

4 Funded projects such as the ESRC *****˜Future of Working Life***** project:-

*****¢ http://www.leeds.ac.uk/esrcfutureofwork/projects/details.html

In order to make your work easier I am sending you some notes from the seminars regarding the three countries Japan, Germany and China

SEMINAR GERMANY

One debate in the academic literature concerns the extent to which the traditional German system of employee relations is changing. This seminar considers two (early) contributions to this debate and a more recent perspective.

Please read one of the three articles below.

1. Hassell, A. (1999) *****˜The Erosion of the German System of Industrial Relations***** British Journal of Industrial Relations 37.3.

What are the traditional advantages of the german employee relations systems?

How are these being eroded (give examples)?

Why is this erosion happening?

2. Kilkauer, T. (2002) *****˜Stability in Germany*****'s industrial relations: a critque on Hassel*****'s erosion thesis***** British Journal of Industrial Relations, 40, 2, 295-308.

On what grounds does Kilkauer challenge Hassell*****s erosion thesis?

Why might it be unhelpful to think in terms of one model of employee relations in Germany?

3. Doellgast, V. and Greer, I (2007) vertical disintegration and the disorganisation of German industrial relations***** British Journal of industrial Relations 45, 1, pp55-76.

In what ways have organisations disintegrated their operations and why? -. give some examples from the automotive sector and telecommunications

What impact has this had on trade unions and works councils and how have they responded?

They comment that *****˜we argue here that vertical disintegration contributes to mpore disruptive changes in Germany*****s industrial relations institutions than other forms of organisational restructuring***** (page 58) What do they mean by this and why do they each this conclusion?

SEMINAR JAPAN

Continuity and Change in Japanese Employee Relations System

Question 1

What changes are happening to the wage system in Japan?

Why are these occurring?

S. Wataake (2000) *****˜The Japan Model and the Future of Employment and Wage Systems***** International Labour Review 139, 3 specifically pages 324 ***** 328

H. Shibata (2000) *****˜The Transformation of the Wage and Performance Appraisal in a Japanese firm***** International Journal of Human Resource Management 11, 2 specifically pages 301 - 312

E. Kyotani (1999) *****˜New Managerial Strategies of Japanese Corporations***** in Felstead and Jewson (eds) Global Trends in Flexible Labour***** specifically pages 184 - 189

K. Kubo (2008) Japan: the resilience of employment relationships and the changing condition of work in Lee and Eyraud (eds) Globalisation, Flexibilization and Working Conditions in Asia and the Pacific Oxford Chandos pp 172 ***** 180

J. Benson and P. Debroux (2003) flexible Labour Markets and Individualised Employment: the beginnings of a new Japanese HRM system***** Asia Pacific Business Review 9, 4, pp 62 ***** 67 and 68 - 70

Question 2

What changes are happening to the *****˜lifetime employment***** system?

Why are these occurring?

C. Beggren and M. Nomura (1997) The Resilience of Corporate Japan case studies on Hitachi (pp 130 ***** 132), on motor vehicles (112 ***** 116) and Okuma (pp 151 ***** 153)

E. Kyotani (1999) *****˜Mew Managerial Strategies of Japanese Corporations in Felstead and Jewson (eds) *****˜Global trends in Flexible Labour specifically 189 ***** 191

J. Salmon (2004) *****˜HRM in Japan***** in Budhwar (ed) *****˜Managing Human Resources in Asia Pacific***** pg 65

M. Pudelko (2005) *****˜Japanese Human Resource Management in Haak and Pudelko (eds) Japanese Management: the search for a new balance between continuity and change

T. Hanami (2006) *****˜The Changing Labour Market, Industrial Relations and Labour Policy***** in R. Haak (ed) The Changing Structure of Labour in Japan

P. Pebroux (2006) *****˜The shift towards a performance-based management system***** in R. Haak (ed) The Changing structure of Labour in Japan pg 28

K. Kubo (2008) Japan: the resilience of employment relationships and the changing condition of work in Lee and Eyraud (eds) Globalisation, Flexibilization and Working Conditions in Asia and the Pacific Oxford Chandos pp 160 - 166

Question 3

What changes are advocated by the Japanese Employment Federation?

What explains the demand for the changes?

Gronning (1998) *****˜Wither the Japanese employment system? The position of the Japan Employers Federation***** Industrial Relations Journal 29:4

Beggren & Nomura (1997) The Resilience of Corporate Japan pp 73 ***** 75

J. Salmon (2004) *****˜HRM in Japan***** in Budhwar (ed) Managing Human Resources in Asia Pacific pp 70 - 71

P. Debrous (2003) Human Resource Management in Japan: Changes and Uncertainties ***** 89 - 91

J. Benson and P. Debroux (2003) flexible Labour Markets and Individualised Employment: the beginnings of a new Japanese HRM system***** Asia Pacific Business Review 9, 4, pp 60 ***** 62

Question 4

What developments are occurring in non-standard employment (eg temporary work, agency work etc?

What explains these developments?

K. Kubo (2008) Japan: the resilience of employment relationships and the changing condition of work in Lee and Eyraud (eds) Globalisation, Flexibilization and Working Conditions in Asia and the Pacific Oxford Chandos pp 166 - 172

H. Gottfied and N. Hayoshi-Kato (1998) *****˜Gendering work and deconstructing the narrative of the Japanese economic miracle***** Work, Employment and Society 12, 1, 25 ***** 46

Question 5

Trade union developments

Explain the changing demands by trade unions in *****˜Shunto***** negotiations concerning work-life balance and non-regular workers.

Weathers, C. (2008) *****˜Shunto and the shackles of competitiveness***** Business History 49,2. (see pages 187-188 and 190-193)

What is the role of community unions?

Suzuki, A. (2008) *****˜Community Unions in Japan***** Economic and Industrial Democracy 29, 4, 492-520.

SEMINAR CHINA

1) Read the following article selectively and identify the ways that employment is changing in China. What are the reasons for these changes?

Chen, L and Hou , B. (2008) *****˜China:economic transition, employment flexibility and security***** in Lee, S. & Eyraud, F. (eds.) Globalization, Flexibility and Working Conditions in Asia and the Pacific (Chapter 10). This book is on restricted loan

2) Read Chapter 4 in

Nichols and Cam (2005) Labour in a Global World

This book is on restricted loan

As an alternative you can read Nichols, T (et al) 2004 *****˜Factory regimes and the dismantling of established labour in Asia: a review of cases from large manufacturing plants in China, South Korea and Taiwan***** Work, Employment and Society, 18, 4. 663-685. (available through SWETSWISE via Resources Online)

What are the advantages and disadvantages to employees of working for ChinaCo rather than a state owned enterprise?. Concentrate your reading on pages 106-118.

3) Read

Chan, A. (2000) *****˜Globalization, China*****'s Free (real bonded) labour market and Chinese trade unions***** Asia-Pacific Business Review. Vol 6, number 3-4 Spring /Summer pages 260-281.

This journal is not available on-line but is in the journals section of the library

What have been the impacts of changing ownership patterns and regulations on workers?

Additional reading

Cook, L (2008) *****˜The dynamics of employment relations in China: An evaluation of the rising level of labour disputes***** Journal of Industrial Relations (you can find this via the A-Z journals list at Resources Online) read pages 127-134.

Glover and Trivedi (2007) *****˜Human Resource Management in China and India***** (Chapter 16) in Beardwell and Clayton (eds) Human Resource Management : A Contemporary Approach 5th edition

I AM SENDING YOU ALL THOSE BOOKS AND ARTICLES AS THUS I GUESS YOUR WORK WILL BECOME EASIER. IT WILL BE REALLY GOOD IF YOU CAN FIND RELEVANT INFORMATION IN THERE AND USE IT AFTERWARDS IN THE ASSIGNMENT AS I THINK IT IS BASED ON THOSE THREE SEMINARS. REGARDS

*****

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