The nuts and bolts of EB negotiation
Queensland Teachers' Journal, Vol 126 No 8, 12 November 2021, page no.9
While enterprise bargaining has only been a feature of union work since the early 1990s, the art of negotiation clearly goes back much further. Negotiation in enterprise bargaining is an art, with its own set of expectations and theory. Here are some of the main principles that guide our enterprise bargaining.
Ambit
You often hear that EB claims contain ambit. Under an interest-based bargaining approach, you attempt to achieve an outcome that delivers on the “interest” (goal or objective). Consequently, the QTU enters the bargaining process with a range of strategies/ideas on how this might be achieved. Not all are adopted (i.e. they are considered ambit) because the interest is achieved in another way.
Interest-based bargaining
Interest-based bargaining is a strategy through which parties collaborate to find a “win-win” solution to their dispute. This strategy focuses on developing mutually beneficial agreements based on the interests of the parties. Understanding why the department is oppositional or supportive of certain elements of our claim is important if we are to arrive at solutions that meet the needs of both of us. For example, money is often an issue when it comes to additional release time for teachers. Some member meetings have suggested additional student free days (at the end of the school term) that have no monetary cost to the government and provide more professional time for teachers in schools (potentially used for planning, correcting, and reporting/communicating to parents), alleviating working out of rostered duty time.
Good faith bargaining
Like a bargaining code of conduct, an underlying theme during negotiations for enterprise agreements is the requirement for all parties involved in negotiations, including bargaining representatives, to bargain “in good faith”. In respect of enterprise bargaining, this term mandates that the procedural processes used in negotiating agreements are fair to both parties.
The Queensland Industrial Relations Commission (the industrial authority for the jurisdiction that includes Queensland educators) sets out the following requirements:
- Attending and participating in bargaining meetings.
- Disclosing relevant information in a timely way.
- Genuinely considering proposals made by other parties.
- Not engaging in capricious or unfair conduct that undermines freedom of association or the collective bargaining process.
It is important to note that good faith bargaining does not require a bargaining representative to make concessions during the bargaining process or reach agreement on the terms to be included in an agreement.
How YOU shaped EB10
In the lead up to preliminary meetings with the Department of Education early in 2022 to start negotiating EB10, here’s how QTU members have helped to shape the log of claims that guides our bargaining process on your behalf.
- Late term 3: The QTU receives feedback and member-led input from workplace, branch, and area council meetings and from other member groups on the EB10 thematic priorities and remuneration considerations.
- 5 October: The draft log of claims is first discussed at Executive for endorsement, before consideration by State Council.
- 22-26 October: Members provide individual feedback in the recent QTU survey on specific aspects of the draft log of claims.
- 6 November: After a vote of delegates at State Council, the final log of claims is endorsed. This lays out our interests, which we will seek to further on behalf of QTU members next year.
Please visit www.qtu.asn.au/eb10 for more details on the log of claims.