HRM Case study
Should one party be forced to the negotiating table in a situation where they do not wish to bargain with the other party?
There is a term that is known as negotiation is referred to a meeting among the board members of any business organization. They managed and arranged the meeting to discuss all the issues that the managers are complaining about during the working premises of APESMA company that are working of having their focus on the covering of 50 employees that can handle senior and technical tasks easily and with best efficiency in Peabody Coal’s Wambo mine in NSW’s with a proper agreement under the act of Fair Work Act’s good faith bargaining requirement. The negotiating table is actually a platform here many of the board of directors of an organization along with their each department members gather around a table in the meeting room that they have fixed in their organization building or main office.
The meeting involves all of the main points which are facing trouble for the best working of the management in their organization. This could be anything it can be the problem with the employees; it can be with the place where employees are working for the organization. It could be with the working hours that they are very much disturbing for the employees etc. In this meeting many of the issues not only discussed but there many of the suggestions were given to solve the problems as well as to make the best solution for the problem in future. That problem will not come again in future. The most important aspect is that the factor that has been selected as a solution must be implemented that satisfies all the workers and all the people those have to face that solution. (Ellevate, 204)
It will not be a burden for them so that solution will be facilitating them not harm them or became a cause of tension for them. The solution must be efficient enough that it makes the problem affecting are very much satisfied and very much entertaining as well. The solutions must be relevant to the problem and as well as relevant to the use by the people. The more meetings provide best results to the people the more people find easy to consult with their managers in order to solve the problems of their employees and as well as of their organizations’ betterment as well.
This meeting could be among different parties when there are more than to or any two organization or subunits of a single organization having a meeting in between them then there sometimes came an issue that they do not agree on some of the statements that they conversate with each other as a matter of fact. The issues when resolved then they are being agreed by both the parties which are having a discussion between them. If any of a single party does not agree to the term on which the other party is agreed upon then this situation fails the purpose of negotiation meeting if it could not be able to get the accurate results at the end.
In this situation, the one party cannot be forced to accept your offer or decision in terms of bargaining about the party’s well as important for the workers as well so they have the right to argue and to neglect anything they wanted to refuse. Therefore the negotiation table must be able to get the accurate results and the positive aspects in terms of getting the most accurate solution to the problems discussed in the meeting.
What are some of the key requirements for good faith bargaining under the Fair Work Act?
There are some of the acts that have been made for the better efficiency and better performance of the people in a different situation they handle or tackle in their lives. The most important term is to consider the ethics in the working premises of the organizations with people. The fair act is that we people should be very much fair and attractive to the people in terms when we are going to attend a meeting. There is an act in law in their section 228 of the Fair Act that has some of the good aspects in faith bargaining requirements that must be necessary to be followed by the people in terms of attending the meeting with any of the organization.
These are: To be attending the meeting on the time that is allotted to them. The punctuality is the main point that impacts you very much positively towards your attendee of the meeting. The more you are punctual towards the meeting the more you will receive the overall progress of the meeting. The punctuality shows that you are a good and hardworking person and very much reliable and serious towards your work. You must be well prepared about the key points that you are going to be mentioned in the meeting by you. You must create some notes on something so that you cannot forget anything as well as you may be able to get the things that are related to the point of view presented by you in the meeting. (Fairwork.gov.au, 2018)
The information you are going to be disclosed in the meeting should not be a sensitive one so that it may leak any of the important information of the organization. The more you provide relevant information to the meeting members the more you save their time as well as the more you make them comfortable in discussing each aspect. You must write you every point on the board so that you may remember all the things, as well as others, find it easy to highlight all the essential points of discussion as well.
Your active participation is very much important as the more you remain active in the meeting the more positively and more efficiently you will be able to know all the points being discussed in the meeting by all the members of the meeting. You also have sufficient knowledge that hat the other person is when discusses anything you may point out him or her if he or she describes anything wrong in the meeting or miss anything important in the meeting too. If you have to give reasons to the meeting related to the arguments you are going to give to the people then you must focus on the key points that are being discussed in the meeting by the members.
You must have to face the argumentative situation so must get prepared yourself in terms of giving reasons of your argues you are going to provide in the meeting. You must raise your hand on anything that you see as irrelevant and not be placed here. You must see the whole meeting scenario that is it going positive or not. If it is going in a negative way then it must be controlled and managed to be made in a positive way. There are many of the other representatives present in the meeting with different ideas and aspects in their minds. You must have the most effective argument with you so that it ill makes you the best among them all and your idea is selected best among all. This law or act has the powers that it can make the rules for the orders that are concerned with the bargaining with the people. If you ever break the rules and the laws then you will have to pay a lot of fine for this as a penalty.
Does good faith bargaining require parties to compromise or weaken their bargaining stance?
The parties included in the bargaining process or the meeting held between the two organizations must be according to the good values and good stages in which there came a phase where companies have to compromise on any one condition. That country focuses on the situation that leads to the compromising situations between the processes of bargaining of parties. The bargaining is that power actually that leads to the betterment and the efficiency of the process as well. The most important factor is that the process defines the true sense of the promise actually that has been made by the people of attendees of the meetings to be solved according to their needs and wants of the working process in bargaining. There must be placed a good faith in between the parties that are involved in the negotiation of that issue or matter. (Workplaceinfo.com.au, 2018)
The overall situation says that the bargaining points must be very strong and efficient as well as they are very much interesting and important so that both the parties should take interest in them keenly and very much care as well. The overall scenario is this that sometimes the parties who are doing negotiations are not only focusing on the methods of negotiation as well as they also have their focus on the other aspect of the issue that hat alternative idea or process they will offer to the parties. It happens sometimes that the offer the negotiator made to the parties are more liked by the people as well as they attract them more and they became agree to work on them.
The parties may sometimes have some of the weaknesses that make their arguments strong and less effective. In this regard, the parties rely on the negotiator that they will focus on the aspects that make their argument strong and try to make the decision accurate and to the point as needed to be. The negotiating situation must be focused on the results that it should be gathered positively as well as it benefits both the parties by the same ration. Not a single person is being neglected in this term so that the negotiation term gets the actual success of which it should have. All the rules and obligations must be followed by the parties that are involved in the negotiation so that a fair and valued negotiation term can be introduced and focused before the parties.
Which frame of reference best describes the attitude of the company to it having to bargain it with the union?
The term frame of reference is related to the idea of the person about the events that are involved in the correct impression of the behaviour about which it shows to the people included in the situation. The frame of reference term between the two parties that best resolve their conflicts or the issues that may occur in the between the parties during the whole situation. There are many of the issues and a conflict arises in the situation between the unions that are working for the welfare of the people.
The conflicts are of different types. There came some of the problems that are based on the natural aspects and the issues sometimes are based on the man-made aspects that occur because of problems creating the people themselves. In the organizations, businesses and the unions as well many of the different people work in that. All have different aspects, all have different ideas and all have the different thoughts about the situations occurred at that time. The more people are active in terms of understanding their ideas or views about the conflicts the better they get the best output about the situation. (Self management notes.info, 2018)
The frames of references are the different point of views of the people that are involved in the union. The union works on the benefits for the people as well as for the take care of the people about the rights in the society. The more these unions focus on the rights of the societies the more they get good success in terms of getting a good place in the society where they are working. The conflicts are resolved between the two parties by confirming any frame of referencing between them. These references set the goals that how these conflicts be removed between the parties that are not harmed them anymore. Most of the time the fight happened in between the unions are among the profit ratio of the management and the work that is being performed by the shareholders.
Each of the party tries to increase their rewards or profit statement on a high level. In order to get the best results of removing disputes, one must listen to both sides of the parties to get the best results in terms of settlements of the dispute or conflict among the parties or unions as well. The industries or the organizations take the frame of maximizing their work according to the high rate of profit which they will easily get by their working efficiency. There are many of the types of the frame of referencing in this term which is a unitarist frame that says that all the conflicts are only bad they do not have any good aspect that can be maintained or made correct.
The next frame is the Pluralist frame that focuses on the removal of conflicts between the groups and the interests of the organization about the issue and to remove the conflicts with best results as well. The next frame is known as the interactionist frame that first looks at the positive side of the conflict that it may have the positivity in it and it may be resolved in a positive atmosphere. The main interests in this frame of the country are to make the working efficiency of the union on the bases of frames of references at the best level. The last frame mentioned is the radical frame that finds that due to this conflict that budget or the capital of the organization or union may affect badly as well as it may reduce the capital and made the atmosphere more insecure.
The companies select whatever frame of reference they focus on one thing only that their conflict must be resolved by the parties through a proper negotiation process as well as it focuses on the working efficiency of the organizations, unions as well to remove conflicts between them. The overall working of the frame of references focuses positively on the removal of conflicts as well as it focuses best on the working efficiency and performance of the employees at a high level or a high place. The more you put your techniques and ideas best the better you get the performance of your workings.
- Ellevate, E. (204, December 22). 4 Tips To Succeed At The Negotiating Table. Retrieved from https://www.forbes.com/sites/ellevate/2014/12/22/4-tips-to-succeed-at-the-negotiating-table/#325070ba785b
- Fairwork.gov.au. (2018). Enterprise bargaining. Retrieved from https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and-obligations/enterprise-bargaining
- Self management notes.info. (2018). Conflict. Retrieved from https://selfmanagementnotes.info/conflict
- Workplaceinfo.com.au. (2018). Good faith bargaining. Retrieved from https://workplaceinfo.com.au/resources/employment-topics-a-z/good-faith-bargaining