COURSE OBJECTIVE

Understand the practical and legal issues and challenges involved in collective bargaining

An intensive and practical seminar packed with useful tips and advice, Collective Bargaining: Issues, Challenges & Solutions has been designed to take you through the entire collective bargaining process - from formulating bargaining strategies to dealing with deadlocks, managing industrial actions etc.

Fast track your collective of collective bargaining by attending this practical and highly rated seminar.

Understanding the Legal Framework

• Employment Relations Amendment Act

• Requirements under the ER legislation

• Forms of Employment Agreement

• Definition and duty of Good Faith

Commencing the Bargaining Process

• Definition of bargaining for a collective agreement

• When and how should notices be disseminated?

• How to prepare for the initial meeting

• Code of good faith for bargaining for collective agreement

• Bargaining process agreements

Bargaining Strategies

• Developing the overall bargaining strategy

• Identifying the key players

• Explore role and influence of other stakeholders

• Developing a negotiation strategy

• Determining negotiable v non negotiable claims

• Approaches to bargaining: Position based and interest based

The Bargaining Process and Communication during Bargaining Process

• Minimum standards of bargaining

• Communications during bargaining

• Techniques in dealing with abusive/confrontational bargaining

• Do’s and Don’ts for union and employers

Dealing with a Deadlock: Mediation, Industrial Action and Facilitation

• Exploring your options

• Mediation as a preferred means of dispute resolution under ERA

• Facilitation: When is it an option?

Managing Industrial Action: Strikes and Lockouts

• Rights and obligations during strikes and lockouts

• Strike Action in Essential Services

• Lockouts of employees - legal issues to be aware of

• Section 97 issues - Performing the Work of Striking/Locked Out Employees

• Communications to both striking and non striking employees

• Picketing – Legal rights/obligations of employers and employees.

Concluding a Collective agreement

• When is bargaining concluded

• Ratification issues

• Finalising collective agreements

Collective Terms and Conditions

• 30-Day rule for coverage

• Exclusion provisions

• Bargaining fee clauses

• Statutory clauses