Implications Of Non-Union Representation And Bargaining Structures On Employment Relations In The Australian Retail Sector

Issues identified in the Inquiry Report on 7 Eleven Stores

Question:

Discuss about the Reformalisation of Industrial Relations.

The following assessment is directed towards the critical analysis of the implications derived from the inquiry report on 7 Eleven stores. The primary inferences that could be derived from the inquiry report presented explicit references to the bargaining structures evident in the Australian Employment Relations system and non-union forms of employee representation. The issues identified in the outcomes of the inquiry report are profoundly observed in context of health and safety, information and consultation, collective bargaining and workforce agreements (Ackers, 2016).

Non-union representation of employees at workplace would be reflective of the provision of regulations that allow representatives to perform their duties, acquire training and facilities required to promote the interests of the workforce that is not included in the union. While research studies indicate that majority of employees prefer involvement in unions, some employees are excluded from unions on the grounds of specific precedents such as foreign origin (Addison, 2015).

The cases of foreign students and franchisees under direct control observed in the inquiry report reflect on the crucial elements of inequalities of payment for employees and discrimination on the grounds of foreign origin. The monitoring of the documentation of payroll and benefit provision by the 7 Eleven Stores in its franchises dictates the lack of opportunities for non-unionised workforce to represent themselves (Belizón, et al., 2014). The representatives employed by the organization for employee forums voluntarily could be able to address the issues identified from the inquiry report through assistance from employees which would help the representatives to represent the workforce as well as engage in prolific consultation with the non-unionised workforce to determine their needs and grievances. The distinct roles played by non-union representatives could validate their effectiveness in alleviating the issues raised in this case in the following manner (Blain, 2017).

The roles of representatives in ensuring ongoing consultation, employee safety and disciplinary matters as well as individual grievances pertaining to the non-unionised workforce can be observed profoundly in various practical examples. The involvement of consultation representatives is associated with the objectives of providing a channel of communication between the workforce and employers (Cooke, 2014).

The capabilities of representatives to address consultation meetings for onsite contexts as well as with the higher levels of management could be helpful for explicit communication of employee issues to the senior management thereby limiting the setbacks occurring in the employment relations framework of 7 Eleven Stores. Consultation representatives could establish viable platforms for transparency of company information and sharing alongside the evaluation of alternatives for strategic change (Webster, 2015).

Non-Union Representation of Employees

The representatives have to be employed by the non-unionised employees in order to address the limitations on authority of representatives employed by the organization management (Cox, 2015). The activities of the representatives are also responsible for outcomes such as agreement and negotiation with the respective management in order to induce reforms in the design and operational rules pertaining to payroll and benefits. Representatives for specific issues such as collective redundancy representatives and TUPE (Transfer of Undertakings) representatives should also be appointed for representing the issues faced by the non-unionised workforce at 7 Eleven Stores (Darlington & Dobson, 2013).

Non-union representatives would also account for presenting the issues of the employees before industrial tribunes and external appeal bodies. The mediation of non-union representatives is observed as a significant contributor to the resolution of major conflicts observed in case of non-unionised workforce such as violation of rights and exemption from benefits (Ellem, 2015). The issues of non-payment of overtime expenses for employees and discrimination for foreign students working in the stores on the basis of language and culture could be communicated effectively before external supervising authorities. The role of representatives in context of cases pertaining to disciplinary action and grievances is subject to higher degree of responsibility since they have to ensure that the communication with workers is executed in a confidential space (Wang & Cooke, 2017).

This would enable the non-union representatives to access an unbiased interpretation of the issues pertaining to the specific case thereby ensuring adequate support for representation of the workers. Furthermore, it is essential to observe that the provision of adequate facilities and training support for the non-union representatives would lead to the development of promising competences among representatives to act as professional mediators (Wilkinson & Barry, 2016). The effect of non-union representation could also be observed in the access to legal information for employees that are not involved in a union (Evetts, 2014). The issues identified from the inquiry report on the case of 7 Eleven stores refer to the requirement of legal assistance by employees to question the payroll framework adopted by the organization and the provision of benefits (Hassel, 2017).

The use of non-union representation in this case would enable employees to access legal support from representatives rather than relying on external assistance (Lansbury, 2016). The outcomes of non union representation could also be identified in the improvement of employee productivity with profound references the improvement of the mediating competences of non-union representatives. The establishment of a prolific channel of dialogue could enable non unionised employees to voice their concerns alongside the unionised workers (Léonard, et al., 2016).

Roles of Non-Union Representatives

Collective bargaining can be defined as the process undertaken to frame decision and the process involves two different parties that reflect on the interests of employees and employer. The aspects of collective bargaining are feasibly realized only on the basis of negotiation and consistent application of precedents that are validated for governance of the employment relations within an organization (Soulsby, Hollinshead & Steger, 2017).

The primary objective of collective bargaining is identified in the establishment of rules upon mutual consent and the resolution of conflicts arising in context of the terms and conditions of employment. Since the retail industry has faced substantial transformation in the recent years as observed in the increment as well as diversification of the waged employment base (Liu & Li, 2014). Therefore, the implications of collective bargaining should be reformed by changes in the bargaining structures of retail industry. The prominent issue to be addressed through reforms in the bargaining structure is identified in the wage setting frameworks of retail sector in Australia (Yamada, 2015).

The specification of minimum wage is not enforced in major cases which have been complicated further by the changes introduced in structure of employment and working conditions following the economic crisis of 2009. The resistance of organizations to social dialogue as well as the instances of large companies withdrawing from collective agreements tend to invoke reforms in the bargaining structure in the retail sector (Marcuse, 2013). The measures that should be applied in case of Australia’s retail sector include the extension of collective bargaining privileges to workers from foreign jurisdictions and part time workers in retail stores. Company level agreements citing employment conditions should be provided to all types of workers including non-unionised worker (Seifert, 2015).

The bargaining structure could be arranged in the form of distinct hierarchical levels in order to facilitate a transparent and precise depiction of the potential approach to resolve bargaining conflicts. The lack of representation could be identified as a major setback for the realization of effective outcomes from collective bargaining since non unionised workers are not able to communicate their issues effectively. This factor leads to communication (Poole, 2013). The emphasis on the sectoral bargaining structure would enable the retail sector to focus specifically on the terms of employment relevant to a single industry (Traxler, 1994). The rationale for adopting a sectoral bargaining structure could be identified on the grounds of a wide assortment of bargaining patterns that can be supported. The definition of bargaining precedents could be based on a wider or narrow perspective depending on the various industrial activities (Rainnie, 2016).

Collective Bargaining in the Retail Sector

The aspects of collective bargaining could be further enhanced through sectoral bargaining by ensuring the accommodation for industrial activities conducted on national level as well as in territorial units. This factor would enable franchises employed in the retail sector to voice their concerns pertaining to collective bargaining thereby ensuring the establishment of prolific employment relations infrastructure in the Australian retail sector. The effectiveness of bargaining structures should also be reviewed from the perspective of the level of coordination and integration between the different levels of bargaining in order to prevent interferences among the respective purposes of each level (Rye, 2017).

Conclusion:

The report presented an impression of the plausible solutions that could be introduced in the case of 7 Eleven retail stores for addressing their concerns for non-union representation. The other significant highlight of the assessment is the description of reforms that can be introduced in the bargaining structures in retail sector of Australia.

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