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Write a report to the President of the Fair Work Commission discussing the employment relations issues that can be identified in the industrial

04 / 02 / 2019 HRM

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 Write a report to the President of the Fair Work Commission discussing the employment relations issues that can be identified in the industrial dispute between the Maritime Union of Australia and Patrick Stevedores Holdings Pty Ltd in 2015 and 2016. (40 marks) Word Length: 2500 (excluding references) words 1. Provide a brief chronology of the industrial dispute between Patrick Stevedores Holdings Pty Ltd and the Maritime Union of Australia. Identify the main issues in dispute. What does this industrial dispute reveal about: enterprise bargaining; industrial disputation; the role of government; the role of the Fair Work Commission? Please discuss these matters in your report and remember to answer the question that has been asked! 2. In very broad, general and simple terms I am asking you to inform the examiner what this particular industrial dispute tells you about how enterprise bargaining works in practice. You have studied the theory in your essay! Once again I will give you wide latitude to answer this question, but you must discuss the part played by the employer, the union, the government and the Fair Work Commission in this industrial dispute. 3. The most important point to remember about the report is that I am trying to get you to research the practice of enterprise bargaining in Australia. Furthermore, I do not expect you to be across all the material that I have given you, but I can reasonably expect you to study the textbook and a few additional articles from the following list: Bray, M & Waring, P 2014, ‘Chapter 5: Employment relations’, in R Kramar, T Bartram, H De Cieri, RA Noe, JR Hollenbeck, B Gerhart & PM Wright, Human resource management in Australia: strategy, people, performance, 5th edn, McGraw-Hill Education (Australia), North Ryde, CQUniversity Course Resources Online (HRMT20027). Fair Work Commission (FWC) 2016, Reasons for decision FWC 510: s.425 – Application to suspend protected industrial action, cooling off: Vice President Watson: Melbourne, 29 January 2016, FWC, Commonwealth Government Printer, viewed 30 March, https://www.fwc.gov.au/documents/decisionssigned/html/2016FWC510.htm Fair Work Commission (FWC) 2016, Decision FWCFB 711: s.604 – Appeal of decisions: Vice President Hatcher, Vice-President Catanzariti & Deputy President Bull: Sydney, 8 February 2016, FWC, Commonwealth Government Printer, viewed 30 March, https://www.fwc.gov.au/documents/decisionssigned/html/2016FWCFB711.htm Gekara, VO & Fairbrother, P 2013, ‘Managerial technologies and power relations: a study of the Australian waterfront’, New Technology, Work and Employment, vol. 28, no. 1, pp. 51-65. Hannan, E 2016, ‘Stevedores want $1000 to work Sundays’, Australian Financial Review, 20 January, p. 8. Hannan, E 2016, “‘Cool-off’ ruling worries MUA”, Australian Financial Review, 28 January, p. 7. Hannan, E 2016, “MUA ‘closer to the Salvation Army’”’, Australian Financial Review, 29 February, p. 4. Keen, L 2016, ‘Ports face shutdown as strike action looms’, Australian Financial Review, 16-17 January, p. 10. Keen, L 2016, ‘Further strikes against Patrick’, Australian Financial Review, 19 January, p. 9. Keen, L 2016, ‘Patrick bid to halt Port Botany strike delayed’, Australian Financial Review, 22 January, p. 8. Keen, L 2016, ‘Industrial umpire bans wharf strike’, Australian Financial Review, 23-24 January, p. 4. Keen, L 2016, ‘Fair Work Commission chief orders halt to legal strike’, Australian Financial Review, 30-31 January, p. 8. Stevens, M 2016, ‘MUA’s robot revenge hits Patrick’, Australian Financial Review, 19 January, p. 28. Stevens, M 2016, ‘Port reformers recover legacy’, Australian Financial Review, 16 March, p. 26. Furthermore the following websites should be useful for you to research: https://www.fwc.gov.au/ http://asciano.com.au/patrick http://www.mua.org.au/ 4. Dear students, The Fair Work Commission decisions are not easy to read, but they do provide you with some background and a timetable of events. Fair Work Commission (FWC) 2016, Reasons for decision FWC 510: s.425 – Application to suspend protected industrial action, cooling off: Vice President Watson: Melbourne, 29 January 2016, FWC, Commonwealth Government Printer, viewed 30 March, https://www.fwc.gov.au/documents/decisionssigned/html/2016FWC510.htm Fair Work Commission (FWC) 2016, Decision FWCFB 711: s.604 – Appeal of decisions: Vice President Hatcher, Vice-President Catanzariti & Deputy President Bull: Sydney, 8 February 2016, FWC, Commonwealth Government Printer, viewed 30 March, https://www.fwc.gov.au/documents/decisionssigned/html/2016FWCFB711.htm If this information overwhelms you, don`t panic because the general points are mentioned in the newspaper articles to which I referred you all. 5. If you are not certain where to start with the report read the following newspaper articles first because they provide a summary of the events and issues that I want you to discuss: Hannan, E 2016, ‘Stevedores want $1000 to work Sundays’, Australian Financial Review, 20 January, p. 8. Hannan, E 2016, “‘Cool-off’ ruling worries MUA”, Australian Financial Review, 28 January, p. 7. Stevens, M 2016, ‘MUA’s robot revenge hits Patrick’, Australian Financial Review, 19 January, p. 28. Stevens, M 2016, ‘Port reformers recover legacy’, Australian Financial Review, 16 March, p. 26. 6. Locating references from the Australian Financial Review is not always easy. I locate them through the Factiva database in the Library. I use "more search options" to take me to the Library`s databases and then I locate the "Factiva" database. For most references I use an abbreviated reference such as the title of the article and make sure that I select the correct date, author etc. For the following article I used only the title of the article in the `free text search`, that is: Stevedores want $1000 to work Sundays. Hannan, E 2016, ‘Stevedores want $1000 to work Sundays’, Australian Financial Review, 20 January, p. 8. Please note however that I set the search for the last 6 months in the `date` drop-down box. 7. Please make use of the "Study help" & "report writing" material that is located in the top section of the website. I am not bothered by how you structure your report but you will need an introduction and a conclusion to advise the examiner of what you propose to do and what you have actually done. What you have to say about enterprise bargaining on the waterfront is what interests me. 8. Please remember that because the report focuses on a current dispute, it is perfectly acceptable to use newspaper articles as well as official government, union and employer websites. You will be aware that I have used these articles and websites in the list of references that I have compiled for you. 9. This article reveals that this dispute remains "live": Stevens, M 2016, ‘Patrick takes the contest to MUA’, Australian Financial Review, 15 April, p. 30. To access it go to the Library website in the "support" section on the left hand side of the course website; go to "more search options"; go to "databases"; go to "F" for "Factiva" and type in: Patrick takes the contest to MUA in the "free text search" section. Please remember that the references that I have provided are good enough for your research into this particular industrial dispute. They cover all of the matters that I want you to cover in the report. Nonetheless, if you are following this dispute in the media, because it is "live" you will see from time to time more newspaper articles on this topic. Feel free to read them if you have the time and can easily access them, but please do not worry if you cannot. 10. This article reveals Patrick`s strategy to try and secure the intervention of the Fair Work Commission and the federal government in this dispute: Stevens, M 2016, ‘Rio’s robot trains cause confusion’, Australian Financial Review, 20 April, p. 36. Please do not be misled by the title of the article. It is in two parts with the second part headed "Patrick gets hostile". To access it go to the Library website in the "support" section on the left hand side of the course website; go to "more search options"; go to "databases"; go to "F" for "Factiva" and type in: Rio’s robot trains cause confusion in the "free text search" section.



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