FWC to tackle emotional impact of Enterprise Bargaining

By Catherine Ngo Senior Editor and Content Writer, My Business

The Fair Work Commission (FWC) is working to address the emotional toll experienced by bargaining representatives in enterprise bargaining. A new report commissioned by the FWC highlights the challenges faced by these representatives who serve as intermediaries between colleagues and employers.

The "Bargaining Discovery Research Project" report explores employees' and employers' understanding of enterprise bargaining and agreement-making. It identifies barriers faced by bargaining representatives and suggests solutions to overcome them. Additionally, the report examines preferred methods for accessing information and support.

Background

On December 6, 2022, the Fair Work Legislation Amendment (Secure Jobs Better Pay) Act of 2022, commonly called the Secure Jobs Better Pay Act, attained Royal Assent. This act brought about substantial modifications to the Fair Work Act of 2009, particularly in the areas of enterprise bargaining and enterprise agreement approval processes. These changes became effective on June 6, 2023. Additionally, the Secure Jobs Better Pay Act emphasised the pivotal role of the Commission in facilitating bargaining.

A crucial discovery from the study indicates that participants exhibited a limited understanding of fundamental bargaining and agreement-making principles. Notably, many participants struggled to define "bargaining" or outline the main steps of the process. Moreover, even individuals who self-assessed as having moderate to high knowledge in this area demonstrated a need for more detailed comprehension of essential concepts and procedures.

The Six Recommendations

The report presents six proposals to the FWC designed to bolster the capabilities of bargaining representatives and enhance the effectiveness of the enterprise bargaining system. These recommendations aim to tackle vital areas, including providing robust training and resources, promoting improved communication and engagement, and implementing streamlined bargaining processes.

The research identified six key findings: 

1. Participants had low understanding of the fundamentals of bargaining and agreement-making 
2. Participants reported heavy reliance upon external support 
3. Participants reported that being a bargaining representative is a highly challenging role 
4. There is a significant under-utilisation of existing Commission resources 
5. There is a need for introductory resources 
6. Resources should be user friendly

FWC's Progress to Date

1. Specialised Bargaining Support Team 

In line with the Secure Jobs Better Pay Act's emphasis on the Fair Work Commission's (FWC) role in facilitating enterprise bargaining, the FWC appointed Deputy President Hampton as the National Practice Leader for Bargaining.

To further enhance the FWC's support in this area, a small and highly specialised team was established in May 2023. This team provides targeted bargaining-related support to the Deputy President. Additionally, the team facilitated a shift to a centralised case management model for Protected Action Ballot Order applications.

The specialised nature of the team's work has led to increased efficiency, quality, and consistency in the Commission's processes. The centralised bargaining support model has significantly improved the timeliness of protected action ballot order applications. In 2023-24, 92% of applications were finalised within two working days of lodgement, demonstrating the effectiveness of this approach.

2. Enterprise Agreements and Bargaining Advisory Group 

In May 2023, the Fair Work Commission (FWC) formed an advisory group. This group comprises representatives from leading organisations and other entities representing users affected by the Secure Jobs Better Pay Act's enterprise bargaining and agreement amendments.

The advisory group's primary purpose is to provide guidance on implementing the amendments and offer ongoing feedback on their practical application. They have also been consulted on initiatives undertaken by the Commission, such as the discovery research project.

Through ongoing consultations with the advisory group, the Commission gains valuable insights into the challenges users face and explores ways to help. This collaboration enhances the Commission's understanding of the impact of the amendments and enables it to identify areas for improvement, benefiting all parties involved.

3. Targeted materials and communications 

To assist employers in preparing for the Secure Jobs Better Pay Act's enterprise bargaining and enterprise agreements amendments, the FWC provided various information and communication resources.

These resources included:

• Plain-language bargaining amendments information packs.
• A video information series hosted by Commission Members.
• Social media information packs.
• Enterprise Agreements-related templates and guides.

4. Interactive web tools and guides 

The FWC has developed a range of engaging web tools and guides to simplify the process of submitting thorough and compliant enterprise agreement approval applications. This initiative involved developing a tool that assists parties in selecting the appropriate Form F17 based on their circumstances. Additionally, the FWC updated its existing tool to generate a notice of employee representational rights, incorporating the amendments introduced by the Secure Jobs Better Pay Act.

5. Member education and engagement sessions 

Throughout the year, Commission Members have actively contributed to the education and engagement of stakeholders by conducting educational seminars and delivering presentations at engagement sessions. These initiatives have been organised in response to requests from employers, unions, and industry associations, focusing on enterprise bargaining and enterprise agreements. The Commission is committed to continuing these efforts in 2024-2025, ensuring members remain informed and engaged on these critical topics.

What is next?

The recommendations in the Bargaining Discovery Research report have prompted several projects.

1. Bargaining and agreements digital resources project 

The FWC is developing animations addressing introductory topics related to enterprise bargaining and agreement-making. These animations will cover foundational concepts and processes about employee pay and entitlements, enterprise agreements, and bargaining. They aim to be concise, visually engaging, accessible, and articulated in plain language. Additionally, the FWC is creating text-based downloadable resources that will provide supporting information in plain language, complement the animations, provide practical information, and cater to different learning styles.

2. Update to Bargaining and enterprise agreements website content 

The FWC is reviewing, updating, and drafting updated content for its enterprise bargaining and enterprise agreements website, focusing on plain language. A tailored communications plan will be developed to promote and enable more accessible access to these resources. User experience research is being conducted to optimise the presentation of information on the website, ensuring it is easily accessible to users.

3. Better marketing of existing Resources 

The report highlighted the significant underutilisation of current Commission resources. To address this, the FWC is developing a comprehensive promotion strategy that includes promoting its online learning portal and existing website resources, as well as a strategy for social media engagement.

More information 

You can download and review the Fair Work Commission Bargaining Discovery Research Report here.