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 Employment Relations
BRAY WARING COOPER MACNEIL

Employment
This fourth edition of the market-leading Employment
Relations: Theory and Practice provides readers with a
Relations
THEORY & PRACTICE

4e
comprehensive and engaging introduction to employment
relations in Australia. Each chapter is underpinned by a strong
theoretical framework and brought to life with contemporary
case studies, examples and discussion questions.
Connect is proven to deliver better results.
Content integrates seamlessly with enhanced
Thoroughly revised and updated, this edition features a wide digital tools to create a personalised learning
variety of new and updated cases and problem-based learning experience that provides precisely what

activities, which encourage readers to apply theory to practice
and to develop a critical perspective. It pays close attention
to current themes, trends and developments in employment
relations, and canvasses the political and regulatory landscape.
BRAY
you need, when you need it. With Connect,
the educational possibilities are limitless.
To learn more about McGraw-Hill Connect® visit
www.mheducation.com.au/student-connect

WARING
This edition also features new web-based and interactive
activities, as well as substantial instructor resources.
Written in clear, accessible language, Employment Relations
is the essential resource for students and teachers alike.

COOPER
MACNEIL

4th Edition
www.mhhe.com/au/bray_employment4e

spine: 18.86mm
 Contents in full vii

Strategies for union renewal 209 Case Study

Concluding observations 217 The Shoppies 220
ER News PBL Case
A woman to head the ACTU from 2017 186 How do we design a social media policy? 225
Childcare workers fighting for equal pay 214 Summary 218
Work Story Discussion questions 219
The experiences of an activist 192 Bibliography 228

Chapter 7 Employee representation: non-union 236

Learning objectives 236 Non-union voice at Seaside Restaurant 251
Introduction 237 ER News
Forms of non-union representation 237 Fair Work Ombudsman investigates regional
State-sanctioned non-union representation 239 businesses over exploitation of young workers 247
The Australian experience of state-sanctioned Case Study
non-union representation 242 ‘Tell Dell’: employee representation in
Management-initiated non-union representation 250 a non-union multinational organisation 260
Management-initiated employee representation PBL Case
in Australia 253 How do we ensure a safe, respectful workplace? 263
Concluding observations 258 Summary 259
Work Story Discussion questions 260
The OHS committee at Top Trucking Company 241 Bibliography 267

PART THREE: Processes 274

Chapter 8 State regulation: minimum standards and awards 276

Learning objectives 276 Case Study
Introduction 277 Work–life innovations at Westpac 298
Some initial concepts 277 PBL Case
Statutory regulation of minimum How do we make sure our workers are
employment standards 278 paid and rostered properly? 303
Delegated regulation through awards 284 Summary 297
Enforcement 295 Discussion questions 298
Concluding observations 297 Bibliography 305
ER News Appendices 308
Bunnings manager allegedly bullied after refusing
to terminate team members 283

Chapter 9 State regulation: EEO, unfair dismissal

and safety at work319
Learning objectives 319 Unfair dismissal and unlawful termination 328
Introduction 320 Workplace health and safety 334
Equal employment opportunity 320 Concluding observations 336

bra65586_fm_i-1.indd vii 08/16/17 12:38 PM

 viii Contents in full

ER News Case Study

Tribunal allows mining company to recruit EEO at OneSteel 339
for women-only jobs 323 PBL Case
Maritime Union believes ‘only a matter of How do we avoid unfair dismissal claims? 342
time’ before serious Brisbane ferry crash 334 Summary 338
Work Story Discussion questions 338
Unfair dismissal proceedings at Bibliography 344
Happy Valley Local Council 329

Chapter 10 Managerial unilateralism and individual contracting 347

Learning objectives 347 One in seven employers making IFAs 363
Introduction 348 Case Study
Managerial unilateralism 348 Management unilateralism at the Metropolitan
Individual contracting 357 Fire Board 369
Concluding observations 367 PBL Case
Work Story How do we create a drug and alcohol policy? 372
Who makes change happen? 350 Summary 368
ER News Discussion questions 369
FWC upholds sacking for refusing urine test 353 Bibliography 374

Chapter 11 Collective agreement-making and collective

bargaining: structures and processes 379
Learning objectives 379 Case Study
Introduction 380 Facilitation of mixed bargaining at
Definitions: collective agreement-making Tomago Aluminium Company 406
versus collective bargaining 380 PBL Case
The structure of collective agreement-making 381 How do we approach our forthcoming
The processes of collective agreement-making 396 negotiations? 409
Concluding observations 404 Summary 405
ER News Discussion questions 405
Big reduction in current agreements Bibliography 412
in retail: reports 395

PART FOUR: Outcomes 416

Chapter 12 Industrial conflict 418

Learning objectives 418 Work Story
Introduction 419 Labour turnover and industrial conflict 424
Analysing industrial conflict 419 ER News
Forms of industrial conflict 421 Parmalat dispute shows it’s unfair bargaining,
Industrial disputes: strikes and lockouts 425 not penalty rates, that is the real danger to
Absenteeism 431 Aussie workers 429
Labour turnover 434

bra65586_fm_i-1.indd viii 08/16/17 12:38 PM

 Contents in full ix

Case Study Summary 438

Industrial conflict, workplace bullying and Discussion questions 439
unfair dismissal: Carroll v Karingal Inc 439 Bibliography 445
Conflict during enterprise bargaining
at PWCS 441
PBL Case
How do we make sure our policy on
bullying is working? 443

Chapter 13 Employment relations and performance 448

Learning objectives 448 ER News
Introduction 449 Management–union cooperation at Sydney Water 458
The challenges of establishing the employment Work Story
relations–performance link 449 Constructive relations at Top Trucking Company 464
Trade unions and organisational performance 451 Case Study
Empirical evidence on unions and organisational How to manage a closedown: the Hydro
performance 454 Kurri Kurri smelter experience 478
Climate, partnership, HRM and organisational PBL Case
performance 459 How do we address our staffing problems? 482
Employment relations and national economic Summary 477
performance 467 Discussion questions 477
Concluding observations 475 Bibliography 483

Glossary 489
Index 493

bra65586_fm_i-1.indd ix 08/16/17 12:38 PM

 About the authors
Mark Bray BEc (Hons) (Sydney), MA (Warwick), PhD (UNSW)
Mark has been Professor of Employment Studies at the University of Newcastle since 1997. Before taking up this
position he worked at the universities of New South Wales, Wollongong and Sydney. He has taught Australian and
comparative employment relations, research methods and human resource management. His research has ranged from
‘micro’ studies of employment relations and human resource management, in industries like manufacturing and road
and air transport, to more ‘macro’ studies of national public policy, and international comparisons of public policy and
employment relations practices. His latest projects focus on collective bargaining and the role of industrial tribunals in
promoting workplace cooperation.

Peter Waring BCom (Hons), LLB (Hons) (Macquarie), Grad Dip Leg Prac (ColLaw), PhD (Newcastle)
Peter is an Associate Professor and Murdoch University’s Singapore Dean. He has previously held academic positions
at the University of Newcastle and the University of New South Wales and is an admitted solicitor of the Supreme
Court of New South Wales. Peter is the co-author of three books on employment relations and has published more than
60 book chapters and articles in leading international journals such as the Journal of Business Ethics, the International
Journal of Human Resource Management, Employee Relations, Corporate Governance: An International Review, the
Journal of Industrial Relations and Personnel Review. His research and teaching interests span the business and law
fields of employment relations, human resource management, corporate governance, strategy and labour law. He has
lived in Malaysia and Singapore for the past 12 years.

Rae Cooper BA (Hons) (UNSW), PhD (Sydney)

Rae (Rachel) is Associate Professor in Work and Organisational Studies at the University of Sydney Business School.
She is Associate Dean (Undergraduate) and Co-Director of the Women, Work and Leadership Research Group. She is
a research specialist in women’s employment, employment relations policy, union strategy and collective bargaining.
Rae’s work in these areas has been published in prestigious international and Australian journals, including the British
Journal of Industrial Relations, Economic and Industrial Democracy, the Journal of Industrial Relations and Labor
History (US). In recognition of her expertise, she has been appointed to a number of boards and advisory panels by
government and plays a leadership role in a number of NGOs. She has appeared as an expert witness in key cases before
tribunals. Rae teaches employment relations, organisational change, negotiation and bargaining at undergraduate and
postgraduate levels.

Johanna Macneil BA (Melbourne), Grad Dip Ed Psych (Monash), MBA (Melbourne Business School), PhD
(Melbourne)
Johanna is Professor and Assistant Dean, Teaching and Learning, of the Faculty of Business and Law at the University of
Newcastle. Prior to this, she was Associate Professor in the Employment Relations and Human Resource Management
group. In 2007, Johanna worked for several years as an employment relations consultant, advising large and primarily
unionised client organisations in the energy, communications, distribution, defence and education sectors. Johanna’s
research and practical expertise is in understanding and fostering collaborative, collective employment relations. She
has published two books on best practice and benchmarking, as well as articles in journals including the International
Journal of Human Resource Management, the Journal of Industrial Relations, and Labour and Industry. Johanna has
integrated problem-based learning (PBL) into her teaching, receiving faculty, university and national awards for these
efforts, including a National Teaching Excellence Award.

bra65586_fm_i-1.indd x 08/17/17 11:54 AM

 About the authors xi

About the previous authors

Stephen Deery is Professor of Human Resource Management at King’s College, London and was Professor of
Industrial Relations and Foundation Head of the Department of Management and Industrial Relations, University of
Melbourne. Stephen has published widely in human resource management, call centres, dual commitment, trade unions
and organisational performance.

Janet Walsh is Professor of Human Resource Management and Employment Relations at King’s College, London and
has previously held appointments at many universities including the University of Melbourne. Her principal areas of
research include human resource management and employment systems, working-time, gender and the work–family
interface, and workforce diversity.

David Plowman passed away in December 2013. He was previously a Winthrop Professor at the Graduate School
of Management, University of Western Australia and was Foundation Director of this school from 1993 to 1999. In
February 2013 he won the Vic Taylor Award for a distinguished long-term contribution at the Association of Industrial
Relations Academics of Australia and New Zealand.

Michelle Brown is Professor of Management (Human Resource Management) at the University of Melbourne. Her
research interests include industrial relations.

Acknowledgments
The authors and McGraw-Hill Education would like to thank the reviewers of the previous editions, whose input has
helped shape this book:
∙∙ Robert Tierney, Charles Sturt University—Bathurst ∙∙ Narendra Prasad, University of the South Pacific
∙∙ Gordon Stewart, Central Queensland University ∙∙ Gordon Stewart, Central Queensland University
∙∙ Matthew Bambach, Edith Cowan University ∙∙ Janis Bailey, Griffith University
∙∙ Patricia Todd, University of Western Australia ∙∙ Christina Howe, Curtin University
∙∙ Donella Caspersz, University of Western Australia ∙∙ Susan Johnston, Victoria University
∙∙ Patrick O’Leary, University of Ballarat ∙∙ Greg Patmore, University of Sydney
∙∙ Luke Faulkner, University of South Australia ∙∙ David Plowman, University of Western Australia
∙∙ Doug Davies, University of Canberra ∙∙ Natalie van der Waarden, Murdoch University.
∙∙ John King, La Trobe University
Finally, the patience and professionalism of the team at McGraw-Hill Education has been greatly appreciated by
the authors, who especially wish to thank Jillian Gibbs, Gurdish Gill, Isabella Mead and Daisy Patiag for their ongoing
dedication.

bra65586_fm_i-1.indd xi 08/16/17 12:38 PM

 Preface
This is the fourth edition of Employment Relations: Theory and Practice. It began back in 1980 as a textbook founded
by Stephen Deery and David Plowman, but it has evolved under the present author team into a very different book
since 2005.
This fourth edition has not changed as dramatically as many of the earlier editions, largely reflecting the relatively
stable nature of Australian employment relations. Unlike its predecessors under Prime Minister Howard, the federal
Liberal/National Party Coalition governments since 2013 have adopted modest employment relations policies. This
is not the result of satisfaction with existing laws and institutions, but rather a lack of internal consensus within the
government on the employment relations issues, their failure to command a majority in the Senate or convince the
cross benchers in that chamber of the need for radical change, and fear among government members that more robust
agendas would reignite the spectre of WorkChoices in the minds of voters. The political emphasis, then, has been on
attacking trade unions and supporting employers without major legislative reform. The federal Fair Work Act 2009 has
consequently continued to dominate Australian employment relations and the parties have had to define their objectives
and develop their strategies within the existing framework.
In this context of relative stability, we have been able to focus our energies as authors on informing readers about
the latest developments in practice and building the pedagogic features of the book. A suite of new case studies, PBL
exercises and News Stories will, we hope, provide new insights that build understanding. Our enthusiasm for the field
remains unambiguous and our goal is to share it with our readers.
Mark Bray, Peter Waring, Rae Cooper and Johanna Macneil

bra65586_fm_i-1.indd xii 08/16/17 12:38 PM

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bra65586_fm_i-1.indd xiii 08/17/17 01:50 PM

 Highlights of this edition
Employment Relations improves the student-focused approach adopted in previous editions through expanded
pedagogical features. The Work Stories continue to provide personal vignettes of real-life experiences, now including
both images of the subjects and useful discussion questions. ER News items provide interesting and up-to-date examples
of employment relations events drawn from the media, again related to the text through discussion questions. The
end-of-chapter case studies are either new or substantially updated, providing further opportunity to apply theoretical
concepts and deepen understanding. There are additional problem-based cases at the end of most chapters, delivering
new avenues for students to explore the practical implications of key concepts. Finally, there are definitions of key
concepts, noted in the margins and consolidated into a glossary at the end the book.

PART ONE: Theory and context

Employment Relations begins with three strong and well-paced chapters providing a theoretical
introduction for students.
Chapter 1 identifies the central content of the subject of employment relations and distinguishes it
from competing disciplinary approaches, drawing throughout on students’ own personal experiences
in the workplace.
Chapter 2 develops further the theoretical framework used within the book, demonstrating how it
assists in describing and explaining patterns of employment relations.
A new Chapter 3 explores the important influence of different values on both the scholarship and
practice of employment relations.

PART TWO: The parties

The four chapters examine in turn the state, management, and union and non-union forms of employee
representation. Each topic has been thoroughly revisited to take into account organisational and
institutional changes flowing from amendments to the Fair Work Act 2009.

bra65586_fm_i-1.indd xiv 08/16/17 12:38 PM

 Highlights of this edition xv

PART THREE: Processes

As in previous editions, the chapters aim to introduce relevant concepts as clearly as possible and then
demonstrate their application to the practice of employment relations in Australia. Chapter 8 brings
together the statutory regulation of minimum standards with the delegated regulation of modern awards
to provide an account of what has become known in Australia as the ‘safety net’. Chapter 9 focuses on
three additional examples of statutory regulation: equal employment opportunity, unfair dismissal, and
occupational health and safety. The chapter aims to identify the underlying regulatory model to locate
its operation in contemporary employment relations. Chapter 10 combines two topics rarely analysed
in other employment relations texts: managerial unilateralism and individual contracting. Both provide
compelling historical stories as well as continuing contested arenas of practice under the Fair Work Act.
Chapter 11 recognises the peculiarities of Australia’s modern employment relations laws. It analyses
the traditional concept of collective bargaining in the broader context of collective agreement making,
revealing the reality of both union and non-union processes.

PART FOUR: Outcomes

As in previous editions, the final two chapters analyse outcomes. Chapter 12 focuses on the traditional
concept of industrial conflict, while Chapter 13 explores how employment relations affects the
performance of both enterprises and nations in terms of efficiency and equity. Both of these chapters
have been updated in terms of empirical data and accommodate recent research and public policy
developments.

bra65586_fm_i-1.indd xv 08/16/17 12:38 PM

 Text at a glance
Employment Relations is a pedagogically rich learning resource. The features of the book are especially designed to
encourage and enhance your acquisition of the principal tenets of employment relations.
CHAPTER TWO

IN THE TEXT The study of employment relations:

analytical tools

Learning objectives LEARNING OBJECTIVES (LOs)

The first page of each chapter presents
a list of learning objectives that set out
what you should be able to achieve after
completing the chapter. Revisit them
to assess your competency. Learning
objectives are also tagged to the main content in the chapter
2.1 Define theory and discuss its value to students of employment relations.
2.2 Understand the distinction between description and explanation in
social science analysis.
2.3 Provide examples of taxonomies in the study of employment relations.
2.4 Distinguish between commonsense description and theoretically
informed description.
2.5 Understand the necessity of both agency and context in the
explanation of employment relations.
2.6 Provide examples of agency and context in employment relations
to aid understanding and revision.
explanations.

Chapter Two The study of employment relations: analytical tools 37

Margin definitions Who are the parties to the employment relationship?

Margin definitions highlight key concepts
An essential element in any analysis of employment relations is the identification and
description of the parties; that is, the social actors who create and enforce the rules that parties the social
regulate the employment relationship. Given the definition of the employment relationship actors who create
adopted above, employees and employers must be party to the rule-making and rule- rules that regulate
and enforce the

that students need to know in relation to enforcement process, whether acting singularly or through collective representatives. It also the employment
takes little imagination to realise that the rules of the employment relationship are inevitably
relationship

each chapter. affected by governments or, more broadly, the state. These simple observations, however,
belie a wealth of complexity.
First, employees often do not participate directly in the rule-making process, but engage
a range of other agents to act on their behalf and to represent their interests. The extent to
which employees act alone or join with others to form collective organisations is a central
42 inPart
issue One Theory
employment and context
relations. When employees act individually, we can anticipate highly
individualised rule-making processes. When employees form collective organisations to

ER News represent their interests, collective forms of regulation will likely follow. The collective
organisations created by employees can be trade unions (see Chapter 6) but there are also
Saving
other, non-union, theformsPortland
of employee smelter:
representation workers offer 7).
(see Chapter wage freeze
Describing the many
ER News

features of these organisations—such as their memberships, their internal governance

This feature, appearing in every chapter structures
Unions and andprocesses, their collectively
workers usually expect to be defined
able goals and philosophies,
to negotiate wage increases, and thebut strategies
the Australian Workers
andUnion
tacticsmade they the
adopt in an effort
unusual offer toto freeze
achievewages these atgoals—is essential
the Portland to an understanding
aluminium smelter. of 08/09/17 06:34 AM
at least once, communicates relevant
bra65586_ch02_028-050.indd 28
the pattern
The move of employment
came ahead relations.
of negotiations for a new enterprise agreement and amid concerns that the
Second,
smelter might the way havethatto employers
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cost andcontribute
losses. The to smelter
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news stories about employment relations people
of the
for example,
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AWU state
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employment
secretary,
can affect who Ben
relationship
Davis,
within
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said that a meeting
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issues that have appeared in the press. support for the
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wages
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and conditions
is therefore for one year, which could
directly involved

In a letter to Alcoa, Davis said that the union was aware that it was a ‘difficult year’ for the smelter
These stories provide valuable contextual separation between ownership and management and between managers with different
and offered the wage freeze ‘in recognition of the uncertainty that exists about the future of the Portland
specialised roles (see Chapter 5). In addition, while it is often neglected in the modern era
smelter and our desire to see the smelter continue into the future’. In these circumstances, he said, ‘we
background to how employment relations of employment relations—which has become preoccupied with the individual enterprise—
believe that … bargaining would be clouded for both sides in light of the other issues that confront us’.
employers often joinbywith
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smelterreferred
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Peter Chellis, who
laws and policies have played out in practice. Each ER News story is accompanied by discussion
employer
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next enterprise agreement.
representation,
on the smelter’s viability in tough market
both the employing organisation and any theemployer associations, is an essential ingredient in
questions that guide critical thinking on the issues presented in the article. Many of these stories are
conditions
anysmelter’.
in order to help protect
account of employment relations.
approximately 2000 direct and indirect jobs associated with the

Third, beyond the

Sharemarket employees
analysts estimate andthatemployers,
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state are major
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drawn from an online resource called Workplace Express, which is a great source of current information
employment
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new power is, of course,starts
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estimated
to analysis ofthat
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greatchange
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form, objectives, smelter to lose
strategies and more than $100ofmillion
instruments state a year.
for ER and HRM practitioners. Your university or organisation may already subscribe, so you can gain
TheoryAcan
agencies. Alcoa has help to reduce
worked
conventional on some ofdistinguishes
offsetting
categorisation that the problems
rise in costs created
and
between is theby
pressing description
the
legislature, the based
state and on politicians for
federal
executive
andassistance.
commonsense
the judiciary, or vested
each interests
of whichorplays undisclosed
a different viewpoints. It does this by
role in employment providing
relations botha set
in
access that way or, for the purposes of professional development, you may consider subscribing yourself.
of
Australia A shut-down
words—terms
exodus
and elsewhere
of
of concepts
and the(see
manufacturing
smelter thatwould
Chapter
jobs after the
be an
are4).well additional
defined
departure
strain for Victoria,
and consistently
of the large car
used—to
producers.
which is already
describe the dealing with an
events
Finally,or phenomena
there are many under investigation.
other social agentsItthat ensures we arebecome
sometimes all ‘speaking
involved theinsame language’
the making and
so that, forofexample,
enforcing
Source: Adapted rulesfrom when
regulatein Chapters
thatSchneiders, the 8–11 we
B. &employment
Toscano, N. 2016,
analyse
relationship. statutory
‘Workers offerThiswage
regulation
might include:
freeze
orcommunity-
individual
to save Portland smelter’, The Age, 18 May,
contracting
based or collective
organisations bargaining
representing as different
particular cultural processes
interests;forconsultancies
the making offering
http://www.theage.com.au/victoria/workers-offer-wage-freeze-to-save-portland-smelter-20160518-goy5w3.html, of rules advice
of the accessed 4 May
employment
2017. relationship, we are engaging in theoretically informed description.

Work Story Just

Questions
1. tell
What it
areas
theit is!contextual factors influencing employment relations events at the Portland smelter
key
Work Story
in May 2016?
The Work Stories will enhance your bra65586_ch02_028-050.indd 37
2. What choice did the workers have other than to offer the wage freeze?
George Psaros was under instructions, but he wanted to do things his way.
08/01/17 11:31 AM

understanding of chapter themes by 3. Would you have made the had

There same choice
been as the
a nasty workersthe
accident did?
previous year in the Wollongong yard of
the Top Trucking Company. Ted had ended up in hospital for two weeks and

presenting five fictional characters and the then had months off work after a truck had crushed his foot when it reversed
into the dock to load. George saw the whole thing—or he thought it was the

hypothetical issues affecting them in their

whole thing.
Talcott Parsons. He wasrelied
This theory scheduled
on thetoexplanatory
give evidence at aofhearing
power before
external theand
context Fairthe
Work Commission.
‘self-correcting’ tendency of The union’s
a social barrister,
system, whothan
rather was acknowledging
representing Ted, had for
a role toldthe
George that he must stick to the facts—just describe what happened and tell
particular workplaces. independent and sometimes unpredictable actions of the parties (see, for example, Hyman
the judge exactly what he saw, no more and no less.
1975; Roche 1986; Kochan, Katz & McKersie 1986). The critics argued that this type of
George was a union delegate and a member of the yard’s occupational
health and safety committee. He was a man with opinions. He had also given
evidence in two previous cases. He was worried that Ted would not get his
due compensation. The trouble was that the story was complicated. Sure,
there were rules about the workers in the stores area lingering around the dock. George himself had
played a part in training Ted on these rules. But Ted was preoccupied, with his wife about to give
birth, and they’d
bra65586_ch02_028-050.indd 42 been short-staffed on that busy day so Ted thought he was doing the right thing in AM
08/09/17 06:34

temporarily ‘forgetting’ the rules. Certainly, the yard manager had been at them to move fast because
they were way behind. And the driver of the truck was one of those crazy owner-drivers who was
always in a hurry—always thinking about the next job and the finance repayments on his truck.
On top of all this, George knew, he just knew, that the manager and the owner-driver would give
evidence that contradicted his—he reckoned they were out to protect their butts. Could the judge see
through the competing descriptions of the events that he would inevitably be given and get to the truth?
George doubted it. But George also didn’t want to lie—apart from the obvious risk that lying before a judge
bra65586_fm_i-1.indd xvi was perjury, George considered himself an honest and principled man and he did not lie. But perhaps 08/16/17
he 12:38 PM
could select the ‘facts’ that he reported in a way that anticipated the evidence of the others? But would
 46 Part One Theory and context

employment relations, but it does this in different ways. Description is a valuable form of
analysis in its own right: we need to be able to describe social events and social processes in
a theoretically informed way if we are to simplify the complex world we live in and develop
a better understanding of how that world works. The lens of ‘the rules that regulate the
employment relationship’ ensures that description and taxonomy are informed by theory in
order to maximise these analytical benefits. The broad scope of the subject matter covered in
Text at a glance xvii
this book and its status as an introduction to employment relations means that much of the
analysis provided in this book is descriptive in nature.
Deeper explanation of why different patterns of employment relations emerge in different
circumstances is also part of the study of employment relations, even if it is not the dominant
focus of this book. The general models of employment relations, which were only briefly

END OF CHAPTER exposed in this chapter, provide a guide to how explanation can be developed, although they
do not—and perhaps never could—deliver complete causal explanations. The key lesson
that emerges is that the explanation must involve a combination of contextual and agency
factors.

Summary SUMMARY
∙ Theory is about explanation: it is ‘an attempt to account for a given phenomenon—that is, to show
what, how or why it is’.

Each summary is a synopsis that iterates ∙ There are, however, many different types of theory and different levels of explanation.
∙ Description—provided it is informed by theory—is the first step towards explanation.
the key points made in the chapter, ∙ Description in employment relationship uses taxonomies that help create understanding of the parties
to the employment relationship, the rules they make and enforce, and the processes by which those
while covering the chapter’s learning rules are made and enforced.
∙ Explanation in employment relations mostly comes in the form of models.
objectives. Use these summaries as a ∙ Explanations of employment relations must combine context and agency.
∙ Contexts are the external circumstances in which the parties find themselves—circumstances that are
reliable pre-exam revision tool. largely beyond their control.
∙ Agency emphasises the choices that the Chapter
parties to
Twoemployment
The study ofrelations make
employment on theanalytical
relations: basis of their
tools 47
ambitions, their values, their perceptions of the situation they are in, the options they have available
to them and the course of action that is most likely
Chapter to achieve
Two The studytheir goals.
of employment relations: analytical tools 47

DISCUSSION QUESTIONS
Discussion questions 1. What is theory, really?
DISCUSSION
KEY TERMS QUESTIONS
2. Why do students of any subject need to understand theory?
1.
3. What
agencyHow is. .theory,
. . .do we . . really?
. . . .select
. . . the
. . . .facts
. . . . that
. . . . we
. . . want 43includeparties
. . . . . to . . . . . . . . . . . .we
in the descriptions . . .make?
. . . . . . For
. . . .example,
. . . . . . . . how
. 37
These short-answer discussion questions 2. Why
contexts . do
do our
election?
students
. . . . . . . . of
. . .positions . .any
.and . subject
. .values . . need
. . . . . to
. . . . . mediate . .understand
. our 40 theory?
procedural
explanation of therules outcome . . . . . of
. . .the
. . . most
. . . . . recent
. . . . . . .federal
. . . 36
3. How
description do . .What
. . we . . . .facts
. select . . do
. . the . . you
. facts . leave
. . . that . . in
. . . we . .and
. want what
. . .to
30 do rule
include you exclude?
in the
. . .descriptions
. . . . . . . . . . . we
. . . .make?
. . . . . .For
. . . example,
. . . . . . . . .how
. 34
give you an opportunity to think about and 4. do
Whatourispositions
explanation
election?
. the . . . . . and
. . . difference. . . . values
What factsNominate
. . . . . .mediate
. between
do you leave
. . . . . .our
. . commonsense
in
. . 33explanation
and what do
of the
description
substantive and outcome . . . .of. . the
theoretically
rules . .most
. . . . .recent
. . informed
you exclude?relations and discuss how they help
. . . . federal
. .description?
. . . . 35
5.
formalWhat
rules is . taxonomy?
. . . . . . . . . . . . . . . . . . . .two
. . . taxonomies
. . . . . . 35 in employment
taxonomies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
discuss different situations directly related
126 Part Two The parties
4. What
us to is the difference
better between commonsense description and theoretically informed description?
informal rules . . .understand
. . . . . . . . . . the
. . . .real
. . . .world
. . . . . of employment
. . 35 theoryrelations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
5.
6. What
Why isis explanation
taxonomy? Nominate important in two the taxonomies
analysis ofinsocialemployment
relations?relations and discuss how they help
to the chapter you’ve just read. 7. us
6.
to better
What understandbetween
is the difference the real a world
list ofofexplanatory
employment relations.
factors and a model?
8. Why it aismany
IsAfter explanation
problem months
when important
ofpeople
stalled try in the analysis
negotiations
to explain of social
preceding
things by therelations?
conciliation,
reference only to initial
agencyprogress
or onlywastolimited.
context?
7.The What
Why? is the difference
Commissioner adopted between a list ofblock’
a ‘building explanatory approach,factors firstand a model?
working with the parties to reach
9.agreement
8. Is it a problem
Provide on less
two when
examplescomplex people issues
of agency and
try to then to
explain
helping moving
things
explain on
bytheto more
reference
actions difficult
only
of issues.
to
parties agency or only to relations.
to employment context?
While there was some agreement in the initial stages, more challenging matters that were unable
10. Why? Is it 46really possible to develop causal explanations (as defined by Lewins) in employment08/01/17 relations?

Case Studies
bra65586_ch02_028-050.indd 11:31 AM

9.toProvide
be resolved were set aside
two examples of agencyfor later, allowing
helping officials
to explain theand the delegates
actions of parties to to seek feedback
employment from
relations.
their members and to report back at the next conference.
10. Is it really possible to develop causal explanations (as defined by Lewins) in employment relations?
Conferences were held during July and August 2012 on site in Gladstone, in addition to a large
number of telephone conferences.
Challenges and twists: Australian of bothcar manufacturing
Each chapter concludes with at least one CaseThe Study combination of early success, the preparedness
working through issues, and the independent assistance of the Commissioner resulted in a
the unions and SMIT to keep

CasegradualStudy building Challenges

of trust. This enabled and twists:
the parties Australian
to deal with, andcar reach manufacturing
agreement on, the more
Case Study illustrating key theoretical Donella Caspersz, University of Western Australia Leigh Smith, Curtin University
challenging issues including pay, conditions and work practices.
CarUltimately, the three unions and SMIT reachedafteragreement on matters to be put by to employees by
concepts. The Case Studies are Donella
ballot.
when the
manufacturing
All three
Holden ballots
in Australia
Caspersz, University
factory returned
ofwill fall silent
Western
a positive
in Elizabeth ceases
Australia over
voteoperation
Leigh a century
and an agreement
Smith, of
in October.was
operation
Curtin University
Thereached
the
without
first petrol
end of 2017
recourse
car was built
to industrial
in 1901 action.
by Tarrant in in Australia
Melbourne,
Car manufacturing will with Ford after
fall silent Motorsoverbeinga centurythe first major company
of operation by the end to set up a
of 2017
accompanied by discussion questions manufacturing
when
Source:the FairHolden
plant in Geelong,
factory
Work Commission, inAnnual Victoria,
ElizabethReportceases
in 1925.
Chapter
2012–2013,
It was
Two
operation TheHolden
instudy of(later
October. to become
The
employment General
first relations:
petrol
p. 31, www.fwc.gov.au/documents/annual_reports/ar2013/
Motors)
caranalytical
was built
tools 49
that
in 1901manufactured
by Tarrant the
in first Australian-designed
Melbourne, with Ford mass-produced
Motors being the car
first
fwc-ar-2013-web.pdf, accessed 1 December 2013. Permission to use this material has been granted in accordance with in 1948.
major Mitsubishi
company and
to setToyota
up a
encouraging students to apply those alsoCreative
the
the others
that
established
manufacturing
manufactured
Commons automotive
plant
mostly remained
in Geelong,
Attribution manufacturing
3.0 Victoria,
Australia
the first Australian-designed
Licence,
in Victoria. By the 1970s,
plants,
in 1925. with Holden
It was Mitsubishi (laterestablishing
to becomeinGeneral
https://creativecommons.org/licenses/by/3.0/au/deed.en
Australian car
mass-produced car inmanufacturing
1948. Mitsubishi
Adelaide
wasand
while
Motors)
10thToyota
in the
concepts in practice, and explain what is worldestablished
also
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the reduction
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workplace
research and

PBL Cases recently,

agreement’,
development
development
Industry,
recently,
the Automotive
and
Northern
and
theInnovation
Automotive and
Transformation
for early-stage
investment
Messenger,
in new
Science 2016).
Transformation
plant
Scheme (ATS),
18 November,
commercialisation
and equipment
andnorth-northeast/redundancy-packages-on-the-table-after-holden-signs-on-its-final-workplace-
greenhouse gas emissions of motor vehicles (Productivity Commission 2014); and, more
of agreement/news-story/da9bb535253698e38462aa7cfe28ad3e,
of which

Scheme (ATS), which provided

for
provided
eligible
fundsfuel
http://www.adelaidenow.com.au/messenger/
projects to reduce
businesses
accessed funds5for
for consumption

March
research and
(Department
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research
development
Hopkins, and investment
C. 2017, ‘Managing change in new plantin theand equipment
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car industry’, HRM, businesses
3 March,(Department
http://www.
(continued)
Chapters 4 to 13 include problem-based cases of Industry,
PBL Case How
Innovation do
and we
Science design
2016). an internship
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learning (PBL). This is especially designed Youfor-south-australias-auto-industry/news-story/2a28175aca1133007e7bcafce4a0df43,
are a newly appointed Australian Public Service (APS) graduate trainee, working for the
accessed
Australian 5 February Fair
Government 2017.
Work Ombudsman, or FWO (see www.fairwork.gov.au). The role of
to encourage students to develop their skills your
ensure
organisation
Lansbury,
assembly
R., Wright,
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compliance
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C. promote
with
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& Baird, harmonious,
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in solving ‘real-world’ problems—the type who of have

Australiaorganisational
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beecon.usyd.edu.au/papers/Lansbury_Wright_Baird.pdf,
people9–11
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accessed
relations,
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27 March 2017.
who want to
http://airaanz. 08/01/17 11:31 AM

Lee,You receive a telephone call from an employee

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LuxeHotels, which has
2014–15,
its head
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of Australia, Canberra,
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report/automotive.pdf, accessed 27 March 2017.
‘[Title of the page where the information was found]’ n.d., History of Cars, http://www.historyofcars.
com.au, accessed 31 January 2017.

Bibliography
bra65586_ch04_080-132.indd 126 08/14/17 01:37 PM

Bibliographies at the end of each chapter
cite referenced sources in full and
provide an extensive set of resources to
expand your knowledge.
BIBLIOGRAPHY
Abercombie, N., Hill, S. and Turner, B. 2006, Dictionary of sociology, 5th edn, Penguin, London.
Bain, G. and Clegg, H. 1974, ‘Strategy for industrial relations research in Great Britain’, British Journal of
Industrial Relations, vol. 12, no. 1, pp. 91–113.
Berger, P. and Luckman, T. 1967, The social construction of reality, Anchor Books, New York.
Blyton, P. and Turnbull, P. (eds) 1994, The dynamics of employment relations, Macmillan, London.
Bray, M. and Macneil, J. 2015, ‘Facilitating productive workplace cooperation: a case study of Sydney
Water and the ASU water division’, Fair Work Commission, https://www.fwc.gov.au/documents/
documents/engagement/case-studies/syd-water-case-study-2015.pdf, accessed 4 May 2017.

bra65586_ch02_028-050.indd 49 08/01/17 11:31 AM

bra65586_fm_i-1.indd xvii 08/16/17 12:38 PM

 Using the stories, reports, cases
and questions
Introduction to pedagogic features
This textbook includes pedagogic features designed to support students and teachers as they navigate their way through
the study of employment relations. We think that employment relations is a fascinating and lively discipline and we
would like our readers to think so too! We know that everybody learns in different ways, but effective learning requires
students to do more than learn concepts—they must have an opportunity to think about those concepts, to generalise
them to a range of situations and to practise applying them. We have sought, for these reasons, to engage learners using
this book in a variety of ways.
Along with the chapter content, the other features you will observe in each chapter are:
∙ Case Studies ∙ ER News reports ∙ Work Stories
∙ Discussion questions ∙ PBL Cases.
Each of these features is designed to develop learning in a different way.

Case Studies
At the end of each chapter is one case study detailing various real-life organisations and the specific situations and
people within them. These Case Studies illustrate the key theoretical concepts covered in the associated chapter. Each
study concludes with ‘Issues for debate’—a set of questions that ask students to apply the concepts in practice, and
explain what is happening in the case and why. These questions also ask students to consider how these concepts apply
at a more abstract or general level; for example, how could the principles demonstrated in a particular case apply to
other cases, organisations or contexts?
Several cases also provide sources of more detailed information. For that reason, teachers may decide that one or more
of the organisations or cases about which there is a great deal of publicly available information (e.g. Qantas, OneSteel,
Westpac or Australia Post) would make a good case study assignment, perhaps with additional questions or topics to
evaluate summative knowledge across a number of weeks. Or teachers may invite guest speakers from management or
unions at the Case Study organisations (or others like them) to come and talk to the class. As with the other pedagogic
features in this book, we encourage students and teachers to actively anchor the theories, concepts and perspectives they
are learning to practical examples and further applications—we think this is the most effective way to learn.

ER News
ER News items can be found in every chapter. These items provide illustrations of various employment-related issues
from Australian media sources on current affairs. They report data, anecdotes, analysis and opinion. Some focus on
companies, some on unions, some on individuals, some on industries, some on government policy and legislation, and
some on academic research. They provide a window to how employment relations news is conveyed to the public and
they should help students understand how concepts play out in the real world. Discussion questions accompany each
article and guide critical thinking on the issues presented.
Students are encouraged to actively read news sources, listen to the radio, browse the internet, watch television
and movies, and talk to their peers, family and colleagues, looking for employment relations ‘angles’ on work and
organisations. For example, each week students could conduct an analysis of a relevant media story, either one in the
book or another they have found themselves, asking questions such as: What is the issue? Who is involved? What views
are reported? How can it be interpreted? This type of analysis will help students understand and more confidently
communicate the nature and importance of employment relations.

bra65586_fm_i-1.indd xviii 08/16/17 12:38 PM

 Using the stories, reports, cases and questions xix

Work Stories
Work Stories feature in all but one chapter and several chapters contain numerous stories. The Work Stories are about
five different characters.

Name: Terry
Company: PastaCo
Profile: Terry is a sales supervisor for a leading national pasta company. He has worked for 13
years with the company and has progressed beyond his basic salesman job of promoting
pasta products to supermarkets and shops to overseeing the work of seven part-time and
full-time sales staff.

Name: Susie
Company: Happy Valley Local Council
Profile: Susie is one of three human resources (HR) officers at Happy Valley Local Council
reporting to the HR manager. She helps to manage employment relations and HR issues
for council staff employed in very different occupations, such as childcare, parks and
grounds, libraries, roads maintenance, town planning and recreation services.

Name: Li Wen
Company: Seaside Restaurant
Profile: Li Wen works part time as a server at Seaside Restaurant. Li Wen comes from a well-
off family that immigrated to Australia from Hong Kong when she was young. This
job is a way for her to earn some money and gain some work experience before she
graduates from university.

Name: George
Company: Top Trucking Company
Profile: George works in the yard of this trucking company. He is a union delegate and a
member of the occupational health and safety (OHS) committee.

Name: Pam
Company: Royal Southern Hospital
Profile:  Pam has worked for over 20 years in a large public teaching hospital, Royal Southern
Hospital. More recently, she has taken on a supervisory role as a Nurse Unit Manager
(NUM).

bra65586_fm_i-1.indd xix 08/16/17 12:38 PM

 xx Using the stories, reports, cases and questions

Their stories can be found in the following chapters:

Character Chapter

1 2 3 4 5 6 7 8 9 10 11 12 13

Terry ✓ ✓ ✓

Susie ✓ ✓ ✓

Li Wen ✓ ✓ ✓

Pam ✓ ✓ ✓

George ✓ ✓ ✓ ✓

Each Work Story is designed to illustrate the employment relations challenges faced by these individuals in their various
roles—as workers, worker representatives, supervisors or advisors to management. The various storylines of the Work
Stories run through successive chapters, allowing students to see how the five individuals face a range of work- and
employment relations-related challenges over a course of time. So, for example, Susie’s Work Stories describe the sort
of situations in which a human resource officer might find herself: trying to find a workable approach to managing
absenteeism; analysing the cost of human resources in preparation for competitive tendering; or advising managers on
proper (and legal) human resource procedures.
The Work Stories are designed to encourage a broad, problem-based approach to analysis. This means that there
may be any number of hypotheses that might reasonably explain what is going on in the story, what might happen next,
what might be a more effective course of action to take and how to go about it. These stories are designed to resemble
real life—a lot of views and options, and no easy solution.
We encourage instructors to use the stories in small group discussions. Each story has associated questions,
prompting students to consider how the characters might analyse and act in the situations in which they find themselves.
The questions can be used to help students prepare before class as well as to guide class discussion. Alternatively, class
discussion about the Work Stories could simply be organised around the following opening question: what is going
on here, and if you were the main character, what would you do? The stories are designed to develop two critical
employment relations skills—first, the ability to identify legitimate plural perspectives on a situation; and second, the
ability to make a plausible, defendable argument in favour of an approach to tackling an issue.

Discussion questions
At the end of each chapter there are discussion questions. There are two types of questions. Some questions are written
to help students revise the chapter material and test their comprehension of the concepts in the chapter. Students may
use these questions or they may be used as lecture or tutorial exercises by instructors. There are also more general
discussion questions that ask: What do you think? How would this work? How have things changed? These require a
broader analysis of the topic and application of the concepts, and may inform longer discussions, or even be used as
essay questions.

PBL Cases
Problem-based cases have been developed on the principles of problem-based learning (PBL). The PBL methodology
organises learning around a real-world problem. The task of defining and working out how to solve the ‘problem’ is best
done in a group, so everyone gets the benefit of different perspectives and ideas. Students work together to understand
and define the exact nature of the problem, conduct both practical and academic research to learn more about the nature
of the problem, and consider the advantages and risks of different possible solutions. This mirrors what happens in real

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 Using the stories, reports, cases and questions xxi

organisations—in reality, there is seldom one ‘right’ answer to a problem or challenge, only solutions that are well-
researched and backed up by good evidence and effective argument.
The PBL Cases in this book reflect challenges that practitioners of employment relations face every day: How do
we make sure everyone feels safe and respected at work? How do we make sure our workers are paid and rostered
properly? How do we avoid unfair dismissal claims? Having any prospect of coming up with a good solution to these
challenges requires a good understanding of the rules that apply, familiarity with how other people or organisations have
tackled the same or a similar problem, gathering of evidence (including empirical research) to inform your thinking, and
application of theory to help you explain and predict what is happening, or should happen.
Moreover, the PBL cases pose these questions from the point of view of a range of employment relations practitioner
roles—workplace relations managers, but also union officials, line managers, bureaucrats and consultants—because,
after all, many people have a professional stake in getting employment relations right; and learning to see problems
from different points of view gives us a much richer understanding of the issues. Practitioners of employment relations
must be able to offer a strong and reasoned argument for a particular way forward, based on a deep theoretical, as well
as a practical, understanding of different views. Mastery of the PBL approach helps develop this capability.
We hope that students and teachers find these features useful and interesting, and that they contribute to your
enjoyment of the study of employment relations.

bra65586_fm_i-1.indd xxi 08/16/17 12:38 PM

bra65586_fm_i-1.indd xxii 08/16/17 12:38 PM
 EMPLOYMENT
RELATIONS
Theory and Practice

bra65586_fm_i-1.indd 1 08/16/17 12:38 PM

 PART ONE

Theory and
context
Chapter One What is employment relations?
Chapter Two  he study of employment relations:
T
analytical tools
Chapter Three The study of employment relations: values

bra65586_ch01_002-027.indd 2 08/14/17 06:39 PM

Another random document with
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 Duchess of Devonshire and Child

(Chatsworth)

This picture, sometimes known as "The Jumping Baby," is

in the possession of the Duke of Devonshire at Chatsworth.
When first seen some people found fault with it, Horace
Walpole among the number, but it has gained popularity with
age. The composition is very skilled, but the Duchess is
perhaps rather too much en grande tenue to appear as nurse.
 When we consider the ill fortune of the Incorporated Society and the
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is not difficult to see that the Royal Academy owes a heavy debt to Sir
Joshua, who may be said to have nursed it with the greatest care during its
infancy and was such a generous contributor to the walls of its annual
exhibition that he is said to have sent nearly two hundred and fifty pictures
during his term of office. The first Exhibitions were held in Pall Mall, but
during Sir Joshua's lifetime there was a move to Somerset House. To 1838
the annual display was transferred to the National Gallery, and in 1869
Burlington House became the centre of activities that increase in volume if
not in interest year by year.

It is impossible to compile a list of the distinguished men and interesting

women who sat to Sir Joshua, but a very brief resume may be made of some
of the most familiar. The three Ladies Waldegrave, Georgiana, Duchess of
Devonshire, Lady Cockburn and her children, Mrs Master as Hebe, Miss
Kitty Fisher, Miss Nelly O'Brien, Mrs Lloyd, the Honourable Lavinia
Bingham, Angelica Kauffmann, Mrs Hoare and her baby, Countess
Waldegrave and daughter, Mrs Siddons as the Tragic Muse, The Graces
decorating a Terminal Figure of Hymen, the Duchess of Devonshire and
baby—here we have a few of the female portraits by which the painter
would have achieved success if he had painted no others.

He painted four or five portraits of King George III., two of his wife, and
two of George IV. as Prince of Wales; the number of peers is legion. Among
statesmen Edmund Burke sat to him five times and Charles James Fox four.
Brinsley Sheridan sat twice and Horace Walpole three times. Other men
sitters of note were Bartolozzi the engraver, Dr Burney, David Garrick, Dr
Johnson, Boswell, Oliver Goldsmith, Gibbon the historian, Tobias Smollett
and Laurence Sterne. Of himself Reynolds painted between forty and fifty
portraits.

Successful as he was in expressing the moods of men and the fascination

of women, it is impossible in writing of the charm of Reynolds to forget the
part the children play in his work. It would be hard indeed to find a painter
who has expressed the joy and happiness of childhood with equal effect.
Some of the children so depicted are seen with their mothers, and one feels
that the portrait was painted more for the mother than for the child; but there
are many canvases from which the children alone smile at us, captured for
our time in all their youthful radiance though some have lain for a century
dead. The children of Lady Smythe stand happily apart from their rather
self-conscious mother, and among the single-figure portraits of children are
Lady Catherine Pelham Clinton, Lady Caroline Howard, Miss Emma Hart
(afterwards Lady Hamilton), Charles, Viscount Althorp, Miss Bowles the
Strawberry Girl, "The Age of Innocence," "The Infant Samuel," and many
others that the mind and the memory love to dwell upon. How pleasant it is
to remember that Nature so careless of the individual is so careful of the type
that it blossoms anew with every generation!

Having written, however briefly, of the children in Reynolds' picture, it

seems unnecessary to say more of his charm; they will stand for it until the
end comes, the hour when the pigments can endure no longer and the labour
of the master is ended.

There is little to add to the story of Sir Joshua after he became President
of the Royal Academy. Down to 1789, when sickness came suddenly upon
him, his was a prosperous career, passed in the most stimulating company of
his age, associated with foreign travel and delightful English holidays. Only
once in all these later years does his critical insight appear to have failed
him, and this was when he went to Holland and remained unmoved by the
work of Franz Hals. What, one wonders, did he see or fail to see when he
stood before the portrait of the Laughing Cavalier and the musician (Der
Vaar), the painter's wife and the market girl? Londoners mourned when
Reynolds' life came to an end, and they buried him with much pomp and
ceremony by the side of Sir Christopher Wren. But he may well be content
with the measure of his own immortality. No British portrait painter has
seriously challenged his supremacy, and few may hope to rival his output.
The Graves and Cronin catalogue mention three thousand pictures and
probably leave well over a thousand unnamed. It is possible for the amateur
to name a hundred examples of his portraiture, any of which would have
justified a claim to posthumous honours.
 PRINTED BY
TURNBULL AND SPEARS,
EDINBURGH
 *** END OF THE PROJECT GUTENBERG EBOOK THE CHARM
OF REYNOLDS ***

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