Work Committe Constitution
ABC Ltd
Works Committee Constitution
Introduction
ABC Limited proposes the implementation of the following constitution for the organisation and operation of a Works Committee.
Role & Objectives
The Works Committee is a working group comprised of Staff and Management representatives, with the support of Human Resources whose main function is to enhance the overall level and quality of information communicated within the Company. It acts as a mechanism by which Staff can bring any issues or queries they may have to the attention of Management. Management can then work in conjunction with the committee to resolve these issues and communicate important information to Staff on all aspects of the business and work environment.
A fundamental principle of the Works Committee is that it adopts a participative and collaborative approach to addressing issues raised.
Typical matters raised and discussed include; Business updates, information regarding operational and organisational changes or changes to policies and procedures, general housekeeping matters, organisation of social events, H&S issues, etc. The Works Committee is the sole body that the Company recognises, and will deal with, for the purposes of collective bargaining. As detailed in the Company’s Internal Dispute Resolution Procedure the Works Committee will play an important role in representing staff in relation to any individual grievances/ disciplinary matters.
The key responsibilities of Committee Members are to:
• Acts as a point of contact for staff who wish to raise issues, queries or concerns at Committee meetings.
• Accurately represent thoughts, views and opinions of staff at Works Committee meetings.
• Attend scheduled Committee meetings.
• Engage in effective consultation and dialogue with the Company that ensures employees views and interests are taken into consideration.
• Accurately share information with staff post Committee meetings.
• Act in good faith, and keep the best interests of the Company and its staff in mind at all times.
• Maintain the confidentiality of Works Committee discussions as required, whilst in office and beyond.
Membership
Membership of the Works Committee shall be open to all current employees at the time of elections which shall be held every two years.
Committee Structure
The Committee shall comprise X representatives from each of the following groups and category of staff:
• Representative from X Section / Department
• Representative from X Section / Department
• Representative from X Section / Department
• Representative from X Section / Department
• Representative from X Section / Department
• Representative from X Section / Department
Nomination & Election Process
Nominations will be invited from all current employees for each of the representative categories at the time of Committee elections/ re-elections. A list of Works Committee nominees will then be drawn up for each of the different employment categories. Where there are multiple nomination for any one staff representative category a secret ballot will be held which will give all staff from that representative category the opportunity to vote for the staff member they would most like to have representing them on the Committee.
Management will facilitate the orderly conducting of ballots, counting of votes and all other matters associated with the election process.
Following their election, the X number of representatives shall meet and elect a Chairperson and a Secretary. The other members of the committee shall operate as Works Committee Representatives.
Meetings
The Works Committee shall meet with Management once every two months at dates and times to be mutually agreed or as otherwise agreed. The quorum of Works Committee members required for a meeting is five. Where a Committee member is unavailable to attend a scheduled meeting they are encouraged to nominate an alternative staff member from their employment category to deputise for them at that meeting. The Committee shall be afforded appropriate time to prepare for these meetings and to meet after meeting management for the proper performance on their duties.
The Works Committee shall be entitled to call for additional meetings with Management by giving 5 working days’ notice and by outlining the matter to be discussed. Management shall be responsible for ensuring that such meetings are held within the 5-day notice period.
Management shall be represented at each meeting by at least 2 persons who shall always include the General Manager or Operations Manager.
Management shall confirm in writing to the Chairperson of the Committee any items agreed in negotiation with the Works Committee within 5 working days of the conclusion of the negotiations and meeting(s).
Minutes
Minutes will be drawn up after each meeting and agreed between Management and the Committee Chairperson prior to being circulated to staff. ABC Ltd shall provide secretarial services to the committee to complete minutes and preparation of notices, as required.
Agendas
The Works Committee shall be entitled to raise any matter of a collective bargaining nature with the company. The Committee shall ensure that employees operate to the principles and procedures contained in the agreed Internal Dispute Resolution Procedures.
Training
ABC Ltd shall provide training through a 3rd Party Industrial Relations Specialist for each new committee, where required. Such training shall be agreed in advance with the elected Committee and shall include negotiations, running of meetings and facilitation skills.
Confidentiality
In order to hold full and meaningful consultation, the Works Committee acknowledge that confidential and sensitive information may be exchanged and discussed with them by Management.
Committee members must not disclose to any third party or use other than for the purposes of fulfilling their Works Committee representative duties any business, trade or Company secrets or any information specifically designated by the Company as confidential or of which they acquire knowledge of in the course of their role as a Works Committee member. This confidentiality obligation continues beyond the term of office or appointment indefinitely and only ceases if the information comes into the public domain (other than through a breach of confidentiality) or if Management expressly consents to its disclosure.
Further Enhancement of Works Committee Procedures
The Works Committee shall be entitled to bring forward proposals to enhance their role in regard to negotiations on behalf of employees within a spirit of partnership between the Committee and Management on an ongoing basis. Any such items can be included in the normal bi-monthly meetings between Management and the Works Committee.
Appeals Procedure
The aim of the Works Committee appeals procedure is to provide a mechanism by which disputes that arise between the Company and the Works Committee can be resolved locally in a quick and effective manner. This procedure will specifically cover any dispute that may arise in the course of a pay negotiations meeting.
In the event that an agreement cannot be reached between the Company and the Works Committee, the issue in dispute will be referred to an independent third party HR/IR professional. This independent third party will Chair a confidential hearing on the dispute. The case will be put to the Chairperson by two staff nominated from the Works Committee representatives. Counter arguments will be presented by two representatives from the Company. The Chairperson will then attempt to broker an agreement. In the event that no agreement can be reached the Chairperson will make a non-binding recommendation on how the issue should be resolved. The process will be conducted in camera and will be privileged.
Following detailed consideration of the non-binding recommendation both parties are free to accept or reject the recommendation. Every effort shall be made to resolve the dispute at this stage however if agreement cannot be reached the dispute may be referred externally to the appropriate state IR institution.
Signatures
Signed: _________________________________
For and on behalf of
ABC Limited
Date: __________________________________
Signed: _________________________________
Works Committee Chairperson
For and on behalf of the WORKS COMMITTEE
Date: __________________________________