REPORT 1 HRMT20027 REPORT Write a report to the President of the Fair Work Commission advising him of any changes that you consider should be made to the Better Off Overall Test or BOOT. (40 marks) Word Length: 2500-3000 words Please note that information that is relevant to this report will be posted on the course website. 2 Why is this question being asked? Coles H&M 3 Fair Work Act 2009 “193 Passing the better off overall test When a non greenfields agreement passes the better off overall test (1) An enterprise agreement that is not a greenfields agreement passes the better off overall test under this section if the FWC is satisfied, as at the test time, that each award covered employee, and each prospective award covered employee, for the agreement would be better off overall if the agreement applied to the employee than if the relevant modern award applied to the employee”. 4 What is the BOOT Test? Why was it introduced? How was it applied in the Coles and H&M cases? What are the strengths and the weaknesses of this test? How do you think the BOOT test could be improved? 5 Make full use of the material on the Course Moodle website Make full use of your classes and/or the discussion forums on the Course Moodle website 6 Evidence & argument Above all answer the question! GENERAL REFERENCES Bray, M & Waring, P 2014, ‘Chapter 5: Employment relations’, in R Kramar, T Bartram, H De Cieri, RA Noe, JR Hollenbeck, B Gerhart & PM Wright, Human resource management in Australia: strategy, people, performance, 5th edn, McGraw-Hill Education (Australia), North Ryde, CQUniversity Course Resources Online (HRMT20027). Bray, M, Waring, P, Cooper, R & Macneil, J 2014, Employment relations: Theory and practice, 3rd edn, McGraw-Hill Education (Australia), North Ryde. McPhail, R, Jerrard, M & Southcombe, A 2015, Employment relations: an integrated approach, Cengage Learning Australia, South Melbourne. Wright, CF & Lansbury, RD 2016, ‘Employment relations in Australia’, in GJ Bamber, RD Lansbury, N Wailes & CF Wright (eds), International and comparative employment relations: National regulation, global changes, 6th edn, eds, Allen & Unwin, Crows Nest. BOOT REFERENCES Angwin, M 2017, ‘EBAs are now just a blockage to productivity’, Australian Financial Review, 14 February, p. 39. Clark, S, Taylor, J & Oakes, D 2016, ‘Coles could be forced to renegotiate pay deal with thousands of workers after Fair Work ruling’, ABC News, 31 May. Available at URL: http://www.abc.net.au/news/2016-05-31/part-time-coles-worker-wins-fair-case-against-supermarket-giant/7463132 [Accessed 28 February 2017]. Desir, B 2017, ‘H&M enterprise agreement fails BOOT’, National Retail Association, 29 January. Available at URL: https://www.nra.net.au/hm-enterprise-agreement-fails-boot/ [Accessed 2 March 2017]. Fair Work Commission (FWC) 2016, Decision FWCFB 2887: s.604 – Appeal of decisions: Vice President Watson, Deputy President Kovacic & Commissioner Roe: Melbourne, 31 May 2016, FWC, Commonwealth Government Printer. Fair Work Commission (FWC) 2017, Decision FWC 310: s. 185 – Application for approval of a single-enterprise agreement: H & M Pty Ltd, Sydney, 16 January 2017, FWC, Commonwealth Government Printer. Hannan, E 2016, ‘Fair Work ruling could hurt Coles staff’, Australian Financial Review, 1 June, p. 3. Hannan, E 2016, ‘Coles workers may lose pay rise after Fair Work veto’, Australian Financial Review, 10 June, p. 7. Low, C 2017, ‘H&M fails to secure enterprise agreement’, Sydney Morning Herald, 17 January. Available at URL: http://www.smh.com.au/business/retail/hm-fails-to-secure-enterprise-agreement-20170117-gtsxwl.html [Accessed 28 February 2017]. Marin-Guzman, D 2017, ‘Fair Work takes swipe at H & M over failing to disclose pay cuts’, Australian Financial Review, 18 January, p. 3. Marin-Guzman, D 2017, ‘Watson cuts moorings with final dissent’, Australian Financial Review, 23 January, p. 4. Oakes, D & Clark, S 2016, ‘Coles refuses to boost penalty rates for workers despite Fair Work ruling’, ABC News, 10 June. Available at URL: http://www.abc.net.au/news/2016-06-09/coles-refuses-to-boost-penalty-rates-despite-fair-work-ruling/7496114 [Accessed 28 February 2017]. Patrick, A 2017, ‘Fair Work Commission at war with itself’, Australian Financial Review, 24 January, p. 37. Stevens, M 2017, ‘Brutally honest of broken system’, Australian Financial Review, 23 January, p. 28. Stevens, M 2017, ‘Fair Work tinkers as IR system burns’, Australian Financial Review, 24 February, p. 32. WEBSITE https://www.fwc.gov.au/ SOME USEFUL GUIDANCE FOR THIS REPORT BY COURSE COORDINATOR Dear students, The report is due on 11 May. Material that is relevant to the report is located in Week 6 on the unit website. Please keep up to date with the information that is provided to students on the unit website and through the various discuss forums. If you have matters that you wish to raise with respect to the report please discuss them with a member of the teaching team (your campus lecturer if you are a metropolitan student) and/or with me by e-mail or through the discussion forums on the website. The following article can now be accessed as "BOOT" in the Week 6 section of the Unit website: Watson, G 2017, “‘Better off overall’ test creates more jobless workers”, Australian Financial Review, 28 March, p. 39. I recommend that you study the following article: Westacott, J 2017, ‘Enterprise bargaining on the brink’, Australian Financial Review, 2 February, p. 34.: http://www.bca.com.au/media/enterprise-bargaining-on-the-brink-of-failure Good luck with your report. Dear students, I recommend that for your report you take the time to read the section on "enterprise bargaining" in the following report by the Productivity Commission on the "workplace relations framework"; http://www.pc.gov.au/inquiries/completed/workplace-relations/report/workplace-relations-overview.pdf Please note that the report asks people to use the following "attribution" when citing it; "This work should be attributed as follows; Source: "Productivity Commission, Workplace Relations Framework, Final Report". Best wishes, Gordon. Dear students, The best reports will answer the following questions: What is the BOOT Test? Why was it introduced? How was it applied in the Coles and H&M cases? What are the strengths and the weaknesses of this test? How do you think the BOOT test could be improved? Best wishes, Dear students, The best reports will have accessed the following articles: 1. Watson, G 2017, “‘Better off overall’ test creates more jobless workers”, Australian Financial Review, 28 March, p. 39. This article can be accessed as "BOOT" in the Week 6 section of the Unit website. 2. Westacott, J 2017, ‘Enterprise bargaining on the brink’, Australian Financial Review, 2 February, p. 34.: http://www.bca.com.au/media/enterprise-bargaining-on-the-brink-of-failure Good luck with your report. Best wishes,