Linq HR - Blogs (Information) , Employee RelationsLinq HR - Blogs (Information) , Employee Relationshttps://www.linqhr.com/blogs/employee-relationsTue, 19 May 2026 19:58:46 +1000http://zoho.com/sites/<![CDATA[Supported Bargaining: What Employers Should Be Doing Now]]>https://www.linqhr.com/blogs/post/supported-bargaining-what-employers-should-be-doing-nowRecent Fair Work Commission (FWC) decisions have approved several applications from unions to initiate Supported Bargaining across groups of employers]]>
Recent Fair Work Commission (FWC) decisions have approved several applications from unions to initiate Supported Bargaining across groups of employers in industries such as early childhood education, fast food and disability services. These decisions mark a significant shift in collective bargaining practice in Australia, with implications that now extend beyond those sectors.

What is Supported Bargaining?
Supported Bargaining is a stream under the Fair Work Act that allows multiple employers, typically in the same industry or sector, to bargain collectively with employees and their representatives (usually unions), particularly where enterprise bargaining has historically been difficult or ineffective. It was introduced as part of the Secure Jobs, Better Pay Act 2022 reforms (Fair Work Legislation Amendment Act 2022).

Basically the FWC may approve a union’s application if:
  • Employers have similar interests (e.g., small to medium sized businesses in the same sector);
  • Bargaining is otherwise unlikely to occur; and
  • It is in the public interest for bargaining to occur in this way.

Recent Developments
During 2024 and 2025, the FWC has increasingly approved supported bargaining applications across:
  • Early Childhood Education and Care (ECEC) providers;
  • Fast Food outlets (McDonalds South Australia); and
  • Disability services providers.

This signals growing momentum for industry wide bargaining in sectors marked by fragmented employment arrangements, tight margins, and award reliance.

What Should Employers Be Doing Now?

1. Assess Whether You May Be Targeted or Affected
  • Employers in similar industries or sharing key workforce characteristics (e.g., low union density, low bargaining history) may be approached by unions or named in applications with the Fair Work Commission.
  • Review your current agreements, award coverage, types of work being performed, and any common interests with other employers to assess risk exposure.

2. Consider Specialist Employee Relations and Legal Advice Early
  • Engaging Employee Relations or legal advisors to assess your bargaining strategy or whether you should apply to opt-out is critical. Opting out could include having an existing Enterprise Agreement in place or not being reasonably comparable to the other employers named in a group of employers submitted to the FWC.
  • Early planning can reduce compliance risks and allow for better alignment with operational priorities.

3. Evaluate Workforce Relations and Union Engagement
  • An active and transparent approach to workforce consultation is now more important than ever.
  • Maintain open communication with employees and be proactive in addressing workplace concerns
  • Even where union presence is minimal, proactive communication and understanding employee concerns can mitigate risk and support productive negotiations.

4. Stay Informed on Legislative and Case Law Updates
  • Supported Bargaining is still developing in practice. Monitor key decisions and compliance obligations as the case law matures. For example, the FWC's recent approval in United Workers’ Union – Aged Care Bargaining Group (2024) provides precedent on public interest and operational similarity criteria.

5. Continue Genuine Enterprise Bargaining
  • A proactive strategy to reduce the risk of being included in a Supported Bargaining Authorisation is to commence or continue genuine enterprise bargaining with your own employees and their representatives. 
  • The Fair Work Commission may refuse to include or retain an employer in Supported Bargaining if it can be shown that effective bargaining is already taking place at the enterprise level under section 243 of the Fair Work Act 2009 (Cth). Important to note that the Fair Work Commission can refuse to approve an agreement if it believes the employer is trying to circumvent supported bargaining.

If unable to exit the Supported Bargaining process then you should ;
  • Plan to actively participate in bargaining to help shape terms. 
  • Collaborate with other employers or industry associations to strengthen bargaining power;
  • Consider the use of experienced industrial relations consultants or legal representatives.

The expansion of Supported Bargaining has created a new dynamic in Australia’s industrial landscape. While the initial cases have largely focused on care based industries, the mechanism is now available across all sectors where the statutory criteria are met. Employers should act now to review their exposure, engage with stakeholders, and prepare for a potential shift from individual enterprise agreements to industry wide negotiations.

📩 Contact Linq HR today for permanent roles in Supply Chain, Manufacturing and Engineering.

      🌐 Visit: www.linqhr.com

📞 Call: 1300234566

References
Australian Government (2022) Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. https://www.legislation.gov.au 
Fair Work Commission (2024) United Workers’ Union – Aged Care Bargaining Group Decision. https://www.fwc.gov.au
Fair Work Commission (2025) Health Services Union & Australian Education Union - Disability Services Decision https://www.fwc.gov.au/documents/sites/b2023-1235/2025fwcfb131.pdf 




]]>Wed, 02 Jul 2025 12:40:03 +1000<![CDATA[Major Changes to Employee Relations Legislation in Australia (2022–2024): Impacts on Workforce and Productivity]]>https://www.linqhr.com/blogs/post/major-changes-to-employee-relations-legislation-in-australia-2022–2024-impacts-on-workforce-and-prodOver the past three years, Australia has witnessed substantial reforms to employee relations legislation, reshaping the employer and employee dynamic.]]>

Over the past three years, Australia has witnessed substantial reforms to employee relations legislation, reshaping the employer and employee dynamic. 


While many changes focus on fairness and employee protections, several reforms offer some potential improvements through workforce stability, clarity, and modernised workplace practices, but none perhaps go directly towards assisting the core commercial requirements of business to make ongoing productivity improvements to compete globally and improve our overall longer term standard of living.


1. Secure Jobs, Better Pay Act 2022

The Secure Jobs, Better Pay Act introduced major reforms to the Fair Work Act 2009. These include enabling multi employer bargaining in low paid sectors, strengthening rights to flexible work, banning pay secrecy clauses, and placing a positive duty on employers to prevent sexual harassment. By fostering inclusive workplaces and improving job security, these reforms aim to reduce turnover and increase employee engagement. (Fair Work Ombudsman, 2023a).


2. Paid Family and Domestic Violence Leave

From February 2023 (for large employers) and August 2023 (for small businesses), employees gained access to 10 days of paid family and domestic violence leave. By supporting employees during personal crises, this reform may reduce unplanned absenteeism and enhance employee well being. (Fair Work Ombudsman, 2023b).


3. Closing Loopholes Acts 2023 and 2024

These amendments tackle wage theft, regulate labour hire arrangements to ensure pay equity, and clarify the definition of casual employment. Notably, the introduction of a "same job, same pay" framework aims at providing clarity for employers and reduce legal ambiguity, which can otherwise result in workplace disputes and inefficiencies (Fair Work Commission, 2024a).


4. Right to Disconnect (2024)

From 2024, employees gained the right to refuse unreasonable after hours work communications. Though initially seen as a restriction, this change could perhaps support productivity by protecting employee rest time and reducing burnout—key factors in maintaining long term workforce performance (Fair Work Commission, 2024b).


Productivity Implications for Employers

While some changes present compliance costs, others may improve workforce stability, clarity in employment relationships, and employee satisfaction. These are essential components of a productive and resilient business model. For example, a well rested and engaged workforce may tend to report fewer errors and deliver more consistent performance outcomes. Whether all these reforms will result in any real future core productivity improvements then only time will tell by our standard of living improving correspondingly.


📩 Contact us today to explore tailored support for your employee relations and workplace management

                   🌐 Visit: www.linqhr.com

📞 Call: 1300234566


References


]]>Thu, 24 Apr 2025 13:18:41 +1000<![CDATA[Navigating Employee Relations: Conciliatory vs Combative Approaches]]>https://www.linqhr.com/blogs/post/navigating-employee-relations-conciliatory-vs-combative-approaches-to-union-engagementIn the intricate landscape of employee relations, the approach towards unions and the workforce holds significant sway over organisational climate and productivity.]]>
In the often intricate landscape of employee relations, the approach towards unions and the workforce holds significant sway over organisational climate and productivity. 

The debate between adopting a conciliatory or combative stance is central to shaping these relationships. 

A conciliatory approach, characterised by collaboration, mutual respect, and open communication, seeks to build trust and foster a positive working environment. By addressing grievances and negotiating in good faith, organisations can encourage dialogue and cooperation, leading to innovative solutions beneficial to both employer and employees (Kochan, Katz & McKersie, 1986). This method often results in lower turnover rates, increased job satisfaction, and enhanced productivity, while preventing costly disputes and strikes, thus ensuring business continuity (Budd, 2004).

Conversely, a combative approach, marked by rigorous negotiation tactics and a firm stance on organisational policies or even lock outs, can assert management's authority and maintain control over operational decisions. However, this method may also lead to increased tension and conflict, resulting in a polarised workforce where distrust and dissatisfaction prevail (Lewin, 2001). Such an environment can hinder communication, reduce morale, and ultimately impact organisational performance in the short or long term. 

Determining the appropriate approach necessitates considering the specific context and dynamics of the organisation. Factors such as industry, organisational culture, being subject to improper claims or adverse actions, economics, the need to improve workplace flexibility or radically remove costs to compete or survive, an aggressive union stance, and workforce nature should guide this decision. While a conciliatory approach generally promotes a more sustainable and positive relationship, there may be situations where a firm stance is necessary to protect the organisation's interests (Sisson & Marginson, 2002). 

Ultimately, a balanced approach incorporating elements of both strategies may prove most effective. By being flexible and adaptable, organisations can navigate the complexities of employee relations, ensuring a productive and harmonious workplace while safeguarding their strategic objectives. An effective HR function can professionally guide the company in the right approach knowing the views of leaders, unions, employees, legal frameworks and even public perception.

Linq HR are Australian Employment and Workplace Specialists assisting organisations and employees be their best at work. Ph 1300234566.

References:
Budd, J. W. (2004). Employment with a Human Face: Balancing Efficiency, Equity, and Voice. Cornell University Press.
Kochan, T. A., Katz, H. C., & McKersie, R. B. (1986). The Transformation of American Industrial Relations. Basic Books.
Lewin, D. (2001). IR and HR Perspectives on Workplace Conflict: What Can Each Learn from the Other? Human Resource Management Review, 11(4), 453-485.
Sisson, K., & Marginson, P. (2002). Co-ordinated Bargaining: A Process for Our Times? British Journal of Industrial Relations, 40(2), 197-220.
]]>Thu, 24 Oct 2024 13:05:59 +1100<![CDATA[Workforce Management needs to be on every Company's Strategic Agenda]]>https://www.linqhr.com/blogs/post/workforce-management-needs-to-be-on-every-company-s-strategic-agendaThere have been many significant workplace related legal changes which will directly affect almost every employer and employee across Australia.]]>

Recently, and with more on the way, there have been many significant workplace related legal changes which will directly affect almost every employer and employee across Australia.


Some of these changes move responsibility firmly to the employer ensuring compliance, and in some cases having to prove themselves right after receiving accusations of doing wrong.


Even though many of the changes are mostly blanket across the country, practically it will have varying impacts and consequences by industry, employer size and the type of employee culture which already exists across your operations.


Those companies who can strategically deal with these changes should be able to excel as an Employer of Choice in the eyes of employees and the public, navigate and avoid expensive claims including for items not directly under your control but within your responsibilities under legislation, make compliance an everyday activity so it doesn’t distract from managing and growing your business, and prepare against the usual higher level of employee claims which can occur  if the employment market conditions soften.


Some items which can be considered for your Company Strategic Agenda should include;

  1. Ensuring your HR or People & Culture teams and leadership are familiar with changes and key elements across all workplace legislations including Respect at Work, Secure Jobs and Better Pay, Multi-Employer Bargaining, Adverse Action Claims, Paid Family and Domestic Violence, Modern Slavery, Gender Affirmation Policy, BOOT Test, Wages Underpayment, Independent Contractors, Whistleblower Complaint, Data Privacy, Safety/Industrial Manslaughter Laws, and Psychosocial Risks.

  2. Stress testing potential impacts of these workplace legislations on future business strategy and making adjustments before signing off on implementation plans. Budget in scenarios for future salary, benefit and workplace compliance increases.

  3. Implementing new Policies and Procedures or adjusting existing to capture changes in legislation or recent decisions. Changes must be clearly communicated to key stakeholders including employees where they need to know.

  4. Monitoring employee and leadership behaviours, contract and customer interactions and behaviours as well (important under Sex Discrimination Act for example)

  5. Collecting and storing workplace information such as results of workplace surveys, results of investigations into complaints, employee reporting structures, company support programs and compliance related training initiatives.

  6. Know how to respond to emerging practices such as an industry based wages increase request if approached by a Union representative or if bargaining is initiated by an individual employee.

Linq HR are specialists in Employment, Career and Vendor Selection. Ph 1300234566.









]]>Tue, 06 Dec 2022 10:04:01 +1100<![CDATA[Is Employee Relations in Australia still within its Teenage Years?]]>https://www.linqhr.com/blogs/post/ER-in-AustraliaThe Industrial Landscape in Australia is complex and perhaps failing to achieve the objective of harmoniously balancing productivity gains with workers rights.]]>
The Industrial Landscape in Australia is complex and perhaps failing to achieve the objective of harmoniously balancing productivity gains with workers rights. 

Teenagers are often cited as a group who can lack direction, experience an imbalanced perception between what is important for their future compared to that which seems important right now, have a lack of cooperation or willingness to learn automatically from those with prior experience. They are influenced by many people and organisations ranging from schools and teachers,  parents and family members, sporting coaches, their peer group - all offering their perspectives on right and wrong, moving norms of society, and social media. But their goal is often simple - reach a level of education and find a job.

In some similar ways Employee Relations as a group in Australia has a wide mix of influences ranging from layers of Government, a booming workplace lawyering industry, trade unions at many levels, complex workplace rules and legislation, Tribunals and other Specialist Workplace Government Departments, social changes from different generations across the workplace, educational and training organisations, the News networks and of course employees and business itself. 

So how could the Australian Employee Relations landscape be viewed as still being within its teenage years? One item which stands out in common is the level of complexity with both. When either party or influence lacks moving in a similar direction towards a common goal then each can scramble to increase their voice, preferences and control. This can lead to higher levels of complexity as each has their needs met.

There should only be one common purpose of all those involved within the Australian Employee Relations landscape, and that should include the continuous improvement of overall productivity so the entire country can benefit for years to come. This at least would make it easier for the next generations of our teenagers whose life is probably always going to be naturally complex anyhow.

Linq HR specialise in Human Resources Career and Vendor Selection. Ph 1300234566.

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]]>Thu, 01 Sep 2022 13:35:25 +1000<![CDATA[Insights into using Australian Employment Lawyers]]>https://www.linqhr.com/blogs/post/Insights-into-using-Employment-LawyersInsight into using Employment Lawyers]]>

Employment Lawyers specialise in providing advice on employment and workplace matters.


They can work for companies, governments, unions, employees and contractors.


For companies they often assist in developing employee contracts and agreements, defending employee unfair dismissal and discrimination claims, prevention of underpayments, union defence, HR policies and practices, and Award interpretation.


They can assist with workplace legislation such as The Fair Work Act, National Employment Standards, State and Federal discrimination and Disability laws,  Workplace Health and Safety, and Workplace gender equality. 


They can represent you at a number of levels including Tribunals, and State and Federal Courts. 


Employment Law Barristers can assist Employment Lawyers with more complex legal cases.


Effective Employment Lawyers have the ability to develop a clear understanding of your employment issue and support you towards the best possible outcome.


Cost between lawyers can vary so it is important to find one which best fits your budget and which has the right level of expertise for your matter.


If your looking for the right Employment Lawyer for your company then Linq HR can help. Call 1300234566.



]]>Tue, 06 Apr 2021 16:00:00 +1000<![CDATA[Resolving Employee Unfair Dismissal Claims]]>https://www.linqhr.com/blogs/post/Resolving-Employee-Employee-Unfair-Dismissal-ClaimsResolving Employee Unfair Dismissal Claims]]>

Certain people that worked for your business could claim unfair dismissal believing they have possibly been terminated in a harsh, unjust, or unreasonable manner.


Australian laws relating to unfair dismissal are constantly evolving, complex and time consuming to understand and follow.


So it may be necessary to seek the assistance of a Lawyer or Paid Agent skilled in unfair dismissal defence.


Early assistance can help you understand your company's legal position and recommend a path towards resolution.


The best way to resolve unfair dismissal claims is through resolution together with the former employee but this is not always successful.


The next step could involve a formal tribunal hearing and decision.


If you need assistance finding the right representation to help you defend an unfair dismissal claim against your company then Linq HR can help. Call us at 130234566.

 






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