6. Industrial relations, training and variability
6.1 The role of unions and industrial relations bodies
6.1.1 Unions
Some difficulty was experienced in engaging union representatives during the consultation process, although two union groups were consulted regarding issues associated with wage rates for employees in Business Services. It appears that the energy of unions is predominantly directed toward workers in open employment, particularly in industries/workplaces where union membership levels are high. Very few Business Service employees are members of appropriate unions, except in Western Australia where a specific Disabled Worker's Union has been established. The primary reasons for low levels of membership cited by informants were the expense of membership fees and anecdotal evidence of employers discouraging union membership, although the latter was not observed by the research team.
Informants in the consultation process reported that ideally, union involvement could take place at a number of levels, and that this involvement can be effective and representative without being intrusive or counter-productive. It was consistently reported that unions rarely played a major role in developing/reviewing enterprise agreements, approving Supported Wage assessments or reviewing 'Slow Worker Permit' applications, despite the fact that this involvement is expected. Often, union involvement is limited to a signature as required or a cursory check of application/agreement details.
6.1.2 Industrial relations
Links between Business Services and industrial relations agencies are becoming increasingly important, particularly in light of the February 2001 decision of the Australian Industrial Relations Commission not to agree to certify the enterprise agreement of Coffs Harbour Challenge Inc. When asked about the level of awareness and contextual knowledge industrial relations agencies (and commissioners) held, feedback was variable. Some specific commissioners were identified as having a sound understanding of the issues associated with people with disabilities and Business Service operations, although for the most part, it was considered that their knowledge was limited. It is possible, therefore, that this lack of awareness has led to the ratification of some Enterprise Agreements without the level of scrutiny that may be expected.
It was consistently reported that industrial relations commissioners should have access to education/information relating to Business Service operations, particularly in relation to rates of pay and links to relevant awards.
6.2 Linking assessment to training opportunities
Most Business Services participating in the consultation process recognised that assessment should be linked to the identification of training needs. In fact, a number of existing wage assessment processes have either formal or informal links to training via the individual planning process for each individual employee in Business Services. Most of the training offered to Business Service employees is then conducted in-house, with a variety of training strategies implemented including on-the-job, off-the-job or combined training methods. Occasionally, external training providers (for example, TAFE colleges) are used for training employees.
It was acknowledged that training is a mechanism by which employees may address deficiencies in their productivity or competency level, and the completion of appropriate training often leads to the employee adopting new tasks, jobs and subsequently 'graduating' to a different level of pay. The formal processes in which training needs are identified, a training program is developed and conducted and the way in which this ultimately influences wages varies significantly between Business Services. The priority and level of resources allocated to training in Business Services also varies throughout the sector.
In 1999, the Australian National Training Authority (ANTA) Disability Forum published Bridging Pathways: National plan of action for increasing opportunities for people with a disability in vocational education and training. It acknowledged that people with a disability are under-represented in the VET sector and describes a new vision for achieving equitable vocational education and training outcomes for people with a disability. Each State Government has responsibility for the implementation of the Bridging Pathways initiatives, with some strategies having commenced in various sites across Australia. Bridging Pathways represents a significant opportunity for Business Services to support skills enhancement for their employees, with mutual benefit to both Business Service and the individual.
6.3 Interstate variation
Each state and territory varies in terms of how Business Services are structured, how they operate, what industries they are involved in and the legislation/regulations by which they are bound. In consulting with key stakeholders, a number of complicating issues were identified that 'muddy the waters' or limit comparability of the sector across the country. Whilst these issues were not explored in great detail, some of the main differences between the states/territories that relate directly to this research are described below:
- the presence of Western Australia's Disabled Worker's Union, the only one developed specifically for workers with disabilities;
- South Australia's listing of services exempted from its Industrial Relations Act;
- the varying number and different levels of experience of Industrial Relations Commissioners around the country;
- Victoria's relinquishment of 'Slow Worker Permit' responsibilities to the Commonwealth under section 509 of the Commonwealth Industrial Relations Act;
- Queensland's extremely high proportion of Business Services under the auspice of one organisation (Endeavour);
- the activities of industrial relations consultants tend to be concentrated in NSW and Victoria, leading to a higher proportion of Enterprise Agreements being filed in these states;
- state government policy has an impact on the resources and focus of day activity and post-school options programs, which influences the demand for Business Services (and vacancy rates); and
- historical background of Business Services in each state/territory varies, as does the business mix, structure and function of Boards of Management.
Significant intra-state variation was also noted during the research project. Primary areas of variation that influence the structure and operation of Business Services included:
- relationships with state and Commonwealth departments;
- size of the organisation and opportunities for service subsidisation where multiple service types provided;
- structure and history of the Board of Management;
- standard or classification of the Business Service, particularly differences between section 10 and section 13 services under the Disability Services Act;
- rural and metropolitan differences-rural Business Services often provided in conjunction with accommodation, transport and care support services; and
- business type or industry in which Business Services engage has a significant impact on financial viability, market competitiveness and number of employees supported.