Track Record

Against a backdrop of a changing legislative framework in Australia, much of our time in 2008 has been directed towards -

· training workplace parties in negotiating skills with a view towards more productive bargaining outcomes, and often then assisting with the facilitation of the bargaining process;

· facilitating workplace re-organisation initiatives through a combination of structured problem-solving and elements of negotiation;

· investigations and mediations in relation to conflict in the workplace, often involving allegations of bullying and harassment.

It takes a bit of boldness for an employer to decide to engage its workforce in a serious way over workplace change. It certainly involves a lot more than merely "communicating the message" in what is usually quite a directive and even patronising way. Our experience, though, is that when trust is shown in others and a sensible framework for discussion set up, people turn out to be both refreshingly reasonable and imaginative. Good solutions to problems are found, provided one is robust enough to appreciate that some negotiation must be leavened into the expansive problem-solving process.

Some of our negotiation assignments have taken the form of facilitating or mediating traditional bargaining, others have been distinctly mutual gains in their character and other still have involved a blend of old and new.

One of our more rewarding bargaining roles of the last year has occurred in the context of the Queensland Department of Employment & Industrial Relations' Smart Workplaces initiative. This is a program aimed at demonstrating the link between cooperative workplace relations and productive results. CoSolve was selected to run projects at two pilots sites, one in the aged care sector – the state's biggest aged care services provider Blue Care and the Queensland Nurses Union were the principal parties here – and one in the manufacturing sector (publicity clearances are still being discussed here, but one of the unions comfortable with disclosure is the AMWU). In both cases the parties concerned elected to go with a fully-fledged mutual gains approach, and in both cases the parties were satisfied with the outcomes. The QNU had this to say in the August 2008 edition of The Queensland Nurse:

"A case study in negotiating a successful agreement

The final agreement, which was successful at ballot last month, was negotiated through a mutual gains process where both parties identify their key interests and formulate an end agreement to best match those interests. This is the first time that Blue Care/Wesley Mission Brisbane and the QNU have used this unique approach during negotiations. Under this process the parties do not come into negotiations with fixed positions under a traditional log of claims, but are encouraged to identify their key underlying interests, and then bargain creatively and constructively so that the end agreement best matches those interests.

Bargaining was conducted in a generally cooperative, friendly and productive way with CoSolve’s assistance. Certain issues such as workloads were tackled through problem-solving rather than in a combative way. This approach probably helped in achieving easier and better agreement on provisions around career progression and workloads, where the QNU was prepared to trial workload tools such as shift lengths and hours changes which it probably would not have in a more traditional negotiation. This did not mean that reaching agreement on the best way forward necessarily came easy or was without some very vigorous debate."

The bargaining process also delivered at the manufacturing site. Appropriate increases were negotiated for the workforces as a whole, and the engineers received an additional market adjustment of 12 percent. A new consultative forum was established to carry forward initiatives developed in the Smart Workplaces program such as continuous improvement, training and the investigation of gain-sharing. The following observations give a sense of how the parties felt about the whole exercise:

‘I thought the whole process of engagement was brilliant. The best thing was the opportunity to see things from both sides’ – Lead union delegate

‘Our union does not normally engage in hand-holding, but this mutual gains process worked well and the outcome was pleasing’ – Union official

‘Several months after the formal negotiations have concluded, there is still a firm sense of respect, tolerance and understanding amongst the parties who made up the original negotiating team – this enduring relationship is one of the key cornerstones to the success of the Smart Workplaces initiative – HR manager

‘The bargaining process was professionally conducted, and the mutual gain we achieved would not have happened without the assistance of Smart Workplaces. The [business process improvement] projects were a great success’ – Site manager

In recent years CoSolve has also been working closely with the Partnership Resource Centre of the Department of Labour in New Zealand, providing training in mutual gains bargaining for the social parties there. Still in New Zealand, we have assisted the Fonterra group and their counterpart unions, the Dairy Workers Union and the Engineering, Printing and Manufacturing Union, in recharging one of their principal engagement forums, the National Joint Steering Committee. Tellingly, this key forum is dedicated to neither bargaining nor conventional employment relations consultation but rather interaction over business processes. We see this development as the harbinger of more sophisticated labour-management relations in the region in years to come.

We have been involved in some major investigations and mediations in the media, publishing, financial and pharmaceutical sectors in New South Wales and Victoria over the last year. In the nature of things, this work is normally carried out in a confidential setting, respecting the privacy of the parties.

Other parties whom we have assisted over the last eighteen months in relation to training or the facilitation of bargaining include Energex, CS Energy, SP-Ausnet and Queensland Health, and their respective employees representatives.

Dispute resolution retainers

ANZ Bank and the Finance Sector Union have retained CoSolve as mediators and arbitrators in relation to any dispute that might arise out of certain changes in the organisation of working hours.

APRA (Australian Prudential Regulation Authority) has appointed Clive Thompson to its panel of mediators and arbitrators.

RailCorp (Rail Corporation NSW) has retained CoSolve on its conciliation, investigation and fact-finding, case appraisal and evaluative mediation panels.

We have done work for parties such as Queensland Health and the Queensland Nurses Union, Shell Australia & the CFMEU (Mining & Energy Division); Sydney Symphony Orchestra and its employees; The Smith Family & the ASU; the Australian Refugee Council; BHP-Billiton and the CFMEU (Mining & Energy Division), Air New Zealand and relevant unions; South African Airways and the SAA Pilots Association; Queensland Rail & relevant unions; Ford Australia & the AMWU; National Foods & relevant unions; Botswana Diamond Valuing Company & the Botswana Diamond Sorters and Valuators Union; and NSW Fire Brigades & the Fire Brigade Employees Union.