Safety Traffic Co. Case Study - Employment Conditions Dispute - Collective Agreement - Leadership Report Writing Assessment Answer

Assessment Task:

Safety Traffic Co. Case Study Leadership Report Writing Assessment Answer

Appendix 2: Scenario – Employment conditions dispute

Ashley is the Operations Manager for Safety Traffic Co. Ashley’s responsibilities include managing the business’s overall performance, safety management, conducting site audits, maintaining compliance and developing client relationships. In addition, Ashley is sometimes required to handle escalated grievances and disputes from traffic controllers, site supervisors and schedulers.

Recently, there has been an increased number of complaints from traffic controllers about inconsistent working conditions and momentum is beginning to increase around the front-line teams. The two biggest issues are wages being under the industry median and insufficient rest breaks.

On average, most traffic controllers’ work over 40 hours per week, including night and weekend shifts, and everyone is paid according to the Building and Construction General On-site Award 2010. No formal workplace agreement currently exists for traffic controllers and new starters are hired under a verbal agreement in relation to the relevant award. Although the nature of the roster – including shift work and overtime – often results in extra money for employees, traffic controllers still believe they are paid well below other companies in the industry.

Lengthy shifts, lack of staff and the constant demands of the job often mean traffic controllers do not always receive their entitled rest and meal breaks. According to the award, day workers are entitled to a 10-minute rest break in the morning, and both day and shift workers must receive a 30-minute meal break and up to an additional 30-minute rest break for extended overtime shifts.

Last week, Ashley received three phone calls from different site supervisors who overheard their traffic controllers talking about a possible strike if conditions don’t improve soon. Ashley has received an email from a disgruntled traffic controller who has discussed the case with the union representative and is determined to take his grievance to the Fair Work Commission in order to get matters resolved.

Ashley is concerned about the impacts to the business of a strike and possible intervention from the courts, and has come to the Human Resources Manager for advice and support on how to handle this sensitive matter.

Appendix 3: Role-play scenario information

In connection with the grievance situation at Safety Traffic Co. (refer to the scenario information in Appendix 2), in your role of Operations Manager, you have just received a formal written report from the HR Manager.

The report identifies the following information:

• the source of the dispute
• relevant legislation and principles that apply to the case
• key parties involved in the dispute
• actions required to avoid potential industrial action
• valid information sources that serve to clarify issues with complainants
• additional sources of support and advice, including employer associations and the Fair Work Commission.

The report also describes procedures for the following recommended actions:

• negotiating new working conditions with key parties to resolve the disputes using a formal collective agreement
• advocating the organisation’s position in negotiations with employees to obtain a new collective agreement that is fair for the employer and employees
• documenting and certifying agreements with the relevant authority
•  implementing the new collective agreement
• determining adherence to agreed actions and addressing any non-compliance.

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