Assessment 1: Industrial Instrument Report 20%
Students are required to prepare a report nominating an entitlement in an
industrial instrument and compare this with similar entitlements in other
instruments. The aim of the report is for students to explain how this
entitlement is applied in the relevant workplace and to give an account of the
views of employees in the workplace about their experience of the nominated
entitlement. There should be a reflection on how the entitlement is applied in
the workplace. Industrial Instrument Report.
Students can nominate any workplace including their own or the workplace of
The report should be up to 1500 words.
Further information: Students should address the following issues and
questions in their report.
a) Background: Identify an entitlement in a workplace instrument
1. Select a workplace where you can discuss workplace issues with
individual employees. Industrial Instrument Report.
2. Identify and describe the industrial instrument that applies to the
employees of that workplace.
3. Nominate and describe one term or entitlement in the instrument ie.
penalty rates, overtime, parental leave, etc.
b) Comparison with other instruments
1. Compare the entitlement with the relevant National Employment
Standard (NES) in the Fair Work Act 2009 (or state that the
entitlement is not part of the NES). Industrial Instrument Report.
2. Compare the entitlement in your instrument with a similar entitlement
that applies in another instrument for another workplace.
c) Application of entitlements in the workplace and views of
1. How is your nominated entitlement applied in practice in the workplace
you have selected?
2. What are the views of three employees (including yourself if you work
in your case selected workplace) in the workplace of how the
entitlements are applied (do they know about these entitlements and
the relevant instrument)?
d) Media report of recent dispute concerning your entitlement
1. Give a brief description of a media report about negotiations or a
dispute, which also involve the entitlement, which you have
nominated. This can be any recent case involving any other workplace
in any industry. What are any similarities or differences with your case
This assessment is consistent with Subject Learning Objective 3 of the
Subject Outline. As a result of completing this assessment student will expect
to achieve the following outcomes:
Awareness of relevant industrial instruments (legislation, awards,
enterprise agreements, common law contracts) and how these
Specific knowledge of the entitlements, which is the subject of the
An understanding of brief case study of an industrial dispute.
Knowledge of industrial disputes in the media. Industrial Instrument Report.
Development of report writing.
Ability to research and locate employment entitlements in legislation,
awards, enterprise agreements, common law contracts.
Interpretation of clauses in industrial instruments.
Interview employees about their employment conditions.
Submission and Late Penalties: Note an e-copy of the reflective report
will need to be submitted to the plagiarism detection software Turnitin and
the resulting Originality Report submitted with the report.
Late penalties will apply. Assignments not received by the due date will be
penalised at a rate of 10% of the base mark given per day, unless an
extension has been approved and supporting documentation has been
provided. Industrial Instrument Report.
Assessment 2: Negotiation 30%
The negotiation, advocacy and bargaining exercise is designed to give
students experience of negotiation and in particular in identifying processes
for achieving sustainable outcomes at a workplace level. Industrial Instrument Report.
Students are required to prepare separate clauses on workplace conditions in
their own teams, present these clauses to their opposing team with intention
that these clauses will form part of one single enterprise agreement through
negotiation between the two opposing teams. The team report to be
submitted after the negotiations will assess the process and outcome of the
negotiations. Industrial Instrument Report.
Further details will be provided in a document which explains the scenario for
your workplace and the issues which will be used to develop your workplace
The exercise is split into Part A and Part B and each part is worth 15% of a
student’s overall grade. Industrial Instrument Report.
Due Date: Negotiations in tutorials on 3 October and team report with
negotiated clauses to be handed to tutor as directed on 10 October.
Part A – Mock Negotiation Exercise (Group)
Students will be required to participate in mock negotiations. This will usually
commence in Week 2 with team allocation and a briefing in Week 6.
Each team will be allocated a role; eg. they will represent management or
employees. Teams will then be paired against an opposing team ie.
management and employees. In Week 9 students will be required to
consider the issues for the bargaining agenda and will be expected to
commence drafting a log of claims. In either Week 10 students are required
to serve their log of claims in order to prepare for face-to-face negotiations.
During face-to-face negotiations in Week 11 students will negotiate on
behalf of their representative group with their opposing team to develop
mutually agreeable conditions of employment. It is expected that teams will
have finalised negotiations and drafted in conjunction with their opposing
team the negotiated clauses no later than Week 12; this submission will be
generally awarded a group grade and is worth 15% of the negotiation,
advocacy and bargaining exercise grade. Industrial Instrument Report.
All students are required to complete a peer evaluation form. The peer
evaluation form enables students to confidentially critique the performances
of their team members and their opponents. The peer evaluation form MUST
be completed and submitted (confidentially) to the tutor in Week 12 prior to a
final grade being allocated to each student for the mock negotiation exercise.
The form can be found in the “Assignments” folder on UTS Online. Industrial Instrument Report.
The mock negotiation exercise will generally be awarded a team grade. This
grade will be based on the team’s level of preparation throughout the
exercise, usefulness of information put forward during the negotiations,
clarity of arguments, and their final outcome contained within the final draft
agreement submission. Students are supplied with specific assessment criteria
within the Negotiation, Advocacy and Bargaining Exercise Booklet, available
on UTS Online in the “Assignments” folder. Industrial Instrument Report.
Part B – Reflective Report (Team)
In order for students to demonstrate their understanding and application of
theoretical concepts in achieving acceptable outcomes in bargaining, each
separate team (employee and employer) will be required to submit a team
reflective report which is due in Week 12 following the conclusion of the
mock negotiations. Industrial Instrument Report.
The written report should address the following:
the purpose/goals of the negotiations and how these were achieved or
your team’s strategies and tactics adopted;
an assessment of your team’s strategies and tactics compared with the
opposing team’s strategies and tactics;
optimistic and fall-back positions;
an brief account of differences between your starting positions
(clauses) and the finalised outcome jointly negotiated;
key learning regarding (1) intra-group negotiations; and (2) inter-
group negotiations. Industrial Instrument Report.
The finalised joint clauses negotiated by both parties should be attached to
The aim of the group reflective report is to appraise the ability of students to
identify and analyse not only the available research in managing employee
relations but also in linking the actual occurrences experienced during the
mock negotiation, advocacy and bargaining exercise to the literature.
The group reflective report should be approximately 1,500 to 1,800 words
and is worth 15% of a student’s final grade. This submission will be generally
awarded a group grade. Note an e-copy of the group reflective report will
need to be submitted to the plagiarism detection software Turnitin and the
resulting Originality Report submitted with the report. Industrial Instrument Report.
The Negotiation, Advocacy and Bargaining exercise is comprised of 6 parts:
1. Team allocation (In class Week 2)
2. Consideration of issues for the bargaining agenda and drafting a log of
claims (Commencing in class from Week 6 with additional preparation
with group outside of class time)
3. Presentation of preliminary findings by researchers to their own group
(In Week 9)
4. Serving the log of claims (In class Week 10) NB: Both employer and
employee teams are required to swap your different respective clauses
with each other
5. Conduct face-to-face negotiations base on respective clauses (In Week
6. Submission of negotiated clauses and team report (At the end of Week
Extensions and Late Assignments
Requests for assignment extensions need to be made to the subject
coordinator in writing before the due date of the assessment task. Extensions
are not automatically granted. They are usually given only for unexpected
circumstances, such as illness or misadventure, which affected your ability to
complete your assignments on time, not for commitments that you have
known about for some time in advance. When an extension has been granted
students are requested to attach a copy of supporting documentation to their
work when submitting. Industrial Instrument Report.
If you are unable to apply for an extension before the due date, due to illness
or misadventure, you MUST contact the subject coordinator within 48 hours
and provide supporting documentation.
Penalties for Late Submission of Assessment Work
Please note that late submissions will be penalised at a rate of 10% of the
base mark given per day, unless an extension has been given and supporting
documentation has been provided. Industrial Instrument Report.
As part of the final submission for the workbook, each student will be asked
to privately and confidentially rate the contribution of each other group
member. The ratings will be on a scale from “0%: the member contributed
nothing to our project” to “100%: the member did their fair share of the work
on the project”. Industrial Instrument Report.
The peer review process is used in this unit for two purposes. First, it
provides a process for group members to explicitly address issues relating to
performance in the negotiating team. This includes the giving and receiving of
feedback, which can in turn drive enhanced performance for individuals and
the group as a whole. Second, it provides first hand opportunity for students
to experience the complexities of performance management in the workplace.
Addressing performance issues is frequently avoided, is sometimes
uncomfortable and often poorly handled. Industrial Instrument Report.
The ratings for the Peer Group Assessment will be used as a guide by the
subject coordinator to adjust scores for individual group members.
Assessment 3: Exam 50%
The exam will be primarily based on the text-book, additional readings as
listed in the Subject Outline and material presented in the lectures.
Further information will be provided in class.
The date of the exam will be provided when allocated. The exam will take
place in the formal exam period.
TASK: The final examination is a two-hour, closed book examination held during the
formal examination period. Examination questions will be drawn from material
covered throughout the semester. Industrial Instrument Report.
Competent descriptive discussion, some grasp of the topic,
coherent style and composition, essentially a superficial
Analytical and explanatory discussion, some theoretical insights,
good use of sources and examples, focused argument that could
be improved. Industrial Instrument Report.
Comprehensively analyses the question, understands and
compares approaches systematically, critical comments on
literature, excellent examples and illuminating insights.
An analytical answer that offers originality in synthesis or
analysis and utilises a multitude of relevant sources to justify
arguments and produce a critical and intelligent piece of work. Industrial Instrument Report.
Industrial Instrument Report
Industrial instrument can be defined as an instrument that is legally applied in reference to employee entitlements. It can comprise a modern award or it can also be an agreement that is effected under the Fair Work Act. It stipulates a number of minimum conditions that are applicable to all employees. It is important to note that the stipulated minimum conditions cannot in way be superseded by another arrangement (Teicher, Holland & Gough, 2013). The conditions cannot only be superseded by specific terms articulated by National Employment Standards. The aim of this study is to discuss modern award as an industrial instrument that confers some entitlement to an employee…..
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