Workplace Solutions Survey 2014

In 2009 the Workplace Solutions team conducted a benchmark national workplace survey to gauge the matters that were of “most concern” to employers in anticipation of the introduction of the National Employment Standards.

Now five years on, as the transitional period comes to an end, we are undertaking a further survey to understand:
1. Whether the matters of “most concern” to employers had the most substantial impact;
2. The concerns and experiences of employers with recent laws permitting employees to make an application to the Fair Work Commission for orders to “stop the bullying”; and
3. Employer perceptions and concerns regarding the proposed changes to the Fair Work Act.

PART A: BACKGROUND - Please provide the details of your organisation.

What industry do you work in?

How many employees does your organisation employ Australia wide?

What is your position in the organisation?

PART B: REVIEW OF THE NES - FIVE YEARS ON.

The introduction of the National Employment Standards (NES) set out 10 basic entitlements for all employees covered by the Federal workplace relations system. As we approach the end of the 5 year transitional period, which entitlement has impacted on your organisation the most?

Since the introduction of the NES has the number of requests for flexible working arrangements increased in your organisation?

Yes

Since the introduction of the NES has your organisation changed its flexible working arrangements? How so?

No - maintained existing flexible working arrangements

Flexible start and finish times

Working offsite

Part-time work

Job share arrangements

Carer’s leave

Other

No flexible working arrangements in place

Do you perceive that productivity has decreased as a result of employees accessing flexible working arrangements?

Yes

Do you perceive there has been negativity from employees within teams who are not using flexible working arrangements towards employees who do, such as to impact on workplace culture?

Yes

Have you experienced any of the following issues with employees working offsite?

Issues with confidentiality of information

Failure of employees to efficiently complete work tasks

Lack of quality work

Significant increase in costs as a result of improvements required in technology

None of the above

An employer may refuse a request for flexible working arrangements on “reasonable business grounds." Have you had to refuse a request on “reasonable business grounds”? If so, which grounds in particular?

The requested working arrangements are expensive to implement

The result would be a significant loss of productivity

There would be a significant negative impact on customer service

There is no capacity to change the work arrangements of other employees who would be affected

It would be impractical to change the working arrangements of other employees or recruit new employees

Other (please specify)

PART C: WORKPLACE BULLYING LAWS

On 1 January 2014 the Government’s new laws on bullying came into effect, allowing employees to make an application to the Fair Work Commission (FWC) for orders to “stop the bullying.” How many complaints of workplace bullying have you received since the introduction of these new laws?

If you have received workplace bullying complaints, what forms of bullying have the complaints involved?

Verbal abuse

Interfering with personal property and/or work equipment

Displaying offensive material

Exclusion from workplace activities

Inappropriate comments or teasing

Physical harm

Unreasonable workloads and/or deadlines

Unfair treatment

Belittling or degrading behaviour

To what degree does an employee’s ability to make an application to the FWC for orders to “stop the bullying” concern your organisation?

Not a concern

Mildly concerning

Concerning

Extremely concerning

What challenges could such orders and other obligations related to the new laws pose to your organisation?

Need for legal advice

Need for implementation or improvement of workplace bullying and harassment policies

Need for training for managers and workers

Industrial disputes

Impacts on workplace culture and interactions

Administrative costs involved with FWC applications

Decreased productivity

Concerns about penalties that may be imposed for breach and prosecutions that may follow

Other (please specify)

The FWC may take into account an organisation's complaints procedure and policies when dealing with workplace bullying applications. Do you think your procedures and policies would be effective in demonstrating to the FWC you have handled the complaints adequately?

Yes

There is no complaints procedure in place

Why or why not?

Do you think the laws covering workplace bullying will help to reduce the prevalence of workplace bullying?

Yes

PART D: PERCEPTIONS OF LAWS TO COME

The Federal Government has proposed several changes to the Fair Work Act. In 250 words or less, which of the Federal Government's proposed changes do you think will impact most on the current industrial relations landscape and why? The best described answer will win a $200 Red Balloon gift voucher.

Removing the new union rights of entry rules and returning to former rules

Broadening the power of the FWC to deal with disputes regarding union entry

Good faith bargaining requirement in Greenfields Agreements and provision for an employer to apply to the FWC for agreement approval where the parties are unable to reach an agreement in a reasonable period

Improvement of individual flexible agreements

Introduction of 26 weeks paid parental leave, capped at the $100,000 salary level and funded by a 1.5% levy on companies

Why?

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