INDUSTRIAL RELATIONS
Template: New Industrial Agreement.
As part of the due diligence process, HR practitioners will need to advise the CEOs and Council of the
planning, risks, financial implications and progress made in the development of the new Enterprise
Agreement. This information will also need to be summarised for the changeover from CEO to
Interim CEO (and Commissioner) and used as part of their induction.
To support the Enterprise Agreement process, it is recommended that a framework is established to
ensure a consistent approach to managing the process is adopted and that all stakeholders are aware
of the procedures and protocols.
This template can be amended to suit the needs and requirements of the merging partners and their
stakeholders and is a guide only. Please also refer to the Workplace Transition Checklist.
1
ACKNOWLEDGEMENTS
1.1
The Parties
The parties affected by this Industrial Relations Plan are:
Employees of the new entity (“Employees”)
New entity Council (“Council”)
Unions listed in Schedule 1 (“Unions”)
1.2
Legal Framework
This Industrial Relations Plan is created in accordance with the following legislation, regulation, and
guidelines:
Local Government Act 1995
Fair Work Act 2009 – refer also to National Employment Standards Section 61
Local Government Industry Award 2010
Workplace Code of Practice and Guidelines 2013 (“the Code”)
2.
OBJECTIVES OF THE INDUSTRIAL RELATIONS – ENTERPRISE AGREEMENT PLAN
2.1
Transitional Objectives
EXAMPLE ...The objectives specifically relate to the first year of the reform period being July 2015 to
June 2016 whereby Council is required to negotiate an “Enterprise Agreement” .
The objectives of this Industrial Relations – Enterprise Agreement Plan relate to the development of a
new Enterprise Agreement for the new entity;
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To document identified inconsistencies, conflicts and other anomalies within and between
pre-existing Industrial Agreements
To establish principles upon which the Industrial Agreement will be negotiated
To establish the process by which the Industrial Agreement is to be negotiated
To establish protocols for communication on industrial relations issues
To establish protocols for union access to workplaces
To establish protocols for resolution of disputes relating to industrial relations issues
3.
PRE-EXISTING INDUSTRIAL AGREEMENTS
3.1
Relevant Agreements
The pre-existing Industrial Agreements are listed in Schedule 2
3.2
Inconsistencies, conflicts and anomalies
Schedule 3 contains a comprehensive assessment identifying inconsistencies, conflicts and other
anomalies within and between pre-existing Industrial Agreements.
4.
INDUSTRIAL AGREEMENT
4.1
Principles of Negotiation
The following principles will guide negotiations of an Industrial Agreement;
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4.2
Process of Negotiation
Schedule 4 contains a description of the process by which the Parties will undertake negotiation of an
Industrial Agreement. The desired timeframes for negotiation are also defined in Schedule 4.
5.
COMMUNICATION PROTOCOLS
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6.
DISPUTE RESOLUTION PROTOCOLS
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7.
INDUSTRIAL AGREEMENT ACTION PLAN
EXAMPLE: Industrial Relations – Enterprise Agreement Plan | Page 3