Overview

For this assessment you will take on the role of an ‘Employment Relations Advisor’ at a hypothetical organisation (please refer to the assessment brief for further information). As part of this role, you are required to create a memorandum of advice for management based on three employee cases that you are managing. A memorandum is similar to a letter, but it is presented in a certain format (please refer to the suggested template provided).

The purpose of this assessment is to demonstrate your understanding of all topics covered in the course in the context of a real-world hypothetical scenario where you are managing sensitive employment relations matters that may result in internal grievance mechanisms arising, or external applications being made to the Fair Work Commission.

This scenario-based memorandum of advice will assist you to develop skills in relation to conducting research for current workplace issues setting out a clear understanding of the facts of the situation, the applicable law and the likely outcomes for the employee and organisation.

Assessment criteria

This assessment will measure your ability to:

• demonstrate knowledge and understanding of the issues from the organisation (10 marks)
• communicate a quality argument and reasoning underpinning your review and analysis (20 marks
• organise the assessment logically, including structure, headings and conclusion, and apply the correct use of language and citation (10 marks).

Course learning outcomes

 This assessment is relevant to the following course learning outcomes:

Assessment

 You are employed as an Employment Relations Advisor in Victoria, who manages cases for “Fresh and Fabulous Ltd (F&F).” F&F operates 100 grocery retail outlets across Australia in all states, and employs thousands of staff, including fixed and ongoing part-time and full time staff. Their workforce is supported with a large contingent of flexible casual staff. All outlets operate as part grocery and fresh food, and part retail stores selling clothing and homewares. There are dedicated liquor sections, and facilities for dine in and takeaway food. The headquarters of F&F are based in Victoria, which is where you are based which employs 235 FTE staff. Each of the store locations have onsite administrative support staff which provide ‘shared resources’ for all stores to manage functions such as rostering, logistics, OHS and promotions.

Most of the retail employees of F&F are covered by the General Retail Industry Award 2020 (the Award), which is accessible on the Fair Work Website. Your manager, Alex Chan, has asked you to prepare a written summary of advice for three new cases which have been assigned to you.

Alex has asked that you present the information in the form of a written memorandum of advice, addressed to Alex (her/him), which contains a clear legal assessment of the issues for each case, and sound recommendations for how each matter should be handled. Alex is keen to understand any potential risks and liabilities which the business may be exposed to

Case studies

Case 1: Andy Matheson and Rex Tilly

Andy has been a Depot Supervisor for 10 years at the Livingstone branch in Victoria and employed by F&F for 19 years overall. He leads a team of 10 that performs a range of tasks, including receiving and checking consignments, driving forklifts, overseeing logistics to the relevant stores in their jurisdiction and generally ensuring a safe working environment. Andy knows his job well, but Rex the Store Manager has noted he takes longer than allowed for breaks, leaves right on shift time, and tends to avoid physically harder aspects of his role, leaving them for others in his team.

A consultancy review of operations found the warehouse is inefficient and should introduce mechanised processes to increase speed and reduce risks of injury to staff. Rex is required to make savings, which equate to 10 per cent staff cutbacks. Rex calls a team meeting, explaining that cost savings must be made, or that one position will go. Rex provided a consultation period of two weeks. During this period, he met with each team member to discuss the processes in their role, ask for ideas, and assess their performance. These assessments were benchmarked with Andy.

A fortnight later, Rex informed Andy that he will be made redundant, as it has been determined that the role of ‘Supervisor’ is no longer required. This position will be absorbed into the role of the Store Manager. Rex explains that Andy can be either redeployed within the business if a suitable opportunity arises, or he can take the package. You have become aware that Andy is in discussions with the union over concerns he has with this process.

Case 2: Ria Patel and Mario Callea

 Ria is proud to be appointed as a mature-aged apprentice in the Livingstone location, working in the bakery that services the store. She works with a team of two full time bakers (Riley and Daniel) and a Head Baker, named Mario. Ria has been working for four months, but her performance, punctuality and positive attitude has noticeably declined in the last two months. She has used all her sick days, and now calls in sick about once a week.

Mario calls a performance review to share his concerns. In the meeting, Ria starts shaking and bursts into tears. She sobs as she explains that she has tried her best to cope, but that she cannot handle it anymore. She says she is constantly name-called with offensive and racist slurs. Riley and Daniel call her ‘diarrhoea’, or ‘the Delta variant’ and sometimes say she smells like curry. She has developed a complex about this and has started showering multiple times a day. She knows it is not true, but she has been worn down. They have also made hurtful postings onto her personal Facebook page.

Mario gives her the rest of the day off. He calls Daniel and Riley in for a meeting, who explain that it is just harmless fun, that everybody shares in the good times and that as an apprentice this is part of the job. They say that she accepted their Facebook ‘Friend’ requests months ago, and that she has not unfriended them – they deny making any hurtful postings (although they do admit to not liking some of her photos). They claim that the real reason for her fake allegation is that she is not very good at her work, often can’t make it in for the 4 am starts, is unreliable and has often left her workstation at critical times when fresh batches should be taken out of the ovens. They both say that she is not cut out to be a baker. Mario contacts you for advice.

Case 3: Tina Finelli and Max Murphy

Tina has been working as an Industrial Officer in the ‘People First’ union for three years. She has become aware of some safety concerns in some suburban depot locations. Each depot has a dedicated union representative, who works for F&F, and is also a member of the union. The role of the union rep is to act as a conduit between the union, management and workers, providing information about rights that may come from provisions in modern awards, enterprise agreements or workplace policies.

Tina receives a call from Max O’Malley, a warehouse worker at the Livingstone location, who is concerned about safety. New heavy lifting machinery has been introduced without any training sessions being provided to staff. Max would ordinarily talk to Andy about this, but he has recently been made redundant. Tina is concerned, as this sounds like a health and safety risk. She explains that she will visit the store later that afternoon. Soon after she leaves a voice message with Rex, the Store Manager. Tina arrives at 5 pm wearing a high-vis vest and hard hat. As she walks into the Warehouse, she is greeted by Rex who informs her she is not allowed, nor authorised to be on site. Tina and Max have both contacted you about this incident.

Resources

 Template

A template for the memorandum of advice is available on the Assessment 3 page in Canvas.

Webinars

Participation and engagement in your weekly webinars will enable you to approach preparing your memorandum of advice for this assessment.