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MEF ACADEMY
3A06-3A07, Block A,
Phileo Damansara II,
No. 15 Jalan 16/11, Seksyen 16,
46350 Petaling Jaya,
Selangor Darul Ehsan,
Malaysia

Tel: 603-7498 7200
 
 
Industrial Relations
The Practical Aspects of Collective Agreement Negotiations
 
Objectives
Participants will learn to:
•Understand the CCIH and the laws governing collective bargaining and collective agreements in Malaysia.
•Understand how to manage a union recognition claim, and to respond to invitation from a union to renew a CA.
•Understand how to prepare a proper costing of salary and benefits items for three (3) years and gather all relevant information for purpose of obtaining a mandate from management.
•Understand collective bargaining models/theories and how to position the opening offer to the union on salary and benefits items on a total package.
•Have a good working knowledge on how to respond to the union’s offer from the early stages, including a deadlock if declared, to the final stages of negotiations leading to an amicable conclusion of the CA.
•How to foster a cordial and harmonious relationship with the union to build trust before, during and after CA negotiations.
 
Topics Covered
Day 1
Module 1
•Code of Conduct for Industrial Harmony (CCIH), ILO Conventions on Collective Bargaining.
•Interpretation/Definition of Key Words.
•Relevant Sections of IRA 1967 & TUA 1959.
•Selected theories on Negotiating Behaviours.
•An overview of the number and type of unions and the union density in Malaysia, union recognition claims, and the renewal of CAs based on the IRA 1967.  
 
Module 2
•CA preparations – actions and information needed prior to presenting mandate paper to management.
•Selecting company’s chief negotiator and team, reviewing financial position of company, and conducting salary and benefits survey of companies in similar Industries.
•Studying CAs of companies in similar industry, working out the CPI increase in the last three (3) years prior to CA renewal.
•Prepare a compendium of Industrial Court Awards on CA disputes and amending problematic clauses in the CA and analysing and costing the union and management’s proposals for proposed CA mandate paper.
•Grouping issues and setting objectives for Company and Union and planning strategies to achieve company’s objectives.
•Preparing three (3) sets of documents on all status quo articles and a spreadsheet of union versus companies’ proposals.
 
Day 2
Module 1
Group Activity: Case Study
 
Module 2
•CA Negotiations – the entire process flow from start to end, including where a deadlock is declared.
•Briefing of company’s financial position and preliminary discussion of union’s proposals.
•Submitting company’s package proposals to union and listening to union’s response to company’s proposals.
•Documenting all agreed articles and items for signing at next CA session and documenting sensitive issues in an MOU.
•Passing signals and watching out for signals from the union and offering concessions to union to encourage reciprocity.
•Establish linkage between issues, controlling the momentum continuum and analysing the rations of movement (ROM) of union and company.
 
Module 3
•Using information to revise company’s CA strategy and managing the final momentum.
•Escalating and communicating finality of package offer.
•Looking out for signs of tacit acceptance by the union.
•Positioning the company for the close of CA negotiations.
•Deadlock in CA Negotiations – types of industrial actions.
•Options for company to explore in resolving a CA deadlock.
 
Module 4
•Group Activity
•Preparing CA for signing and cognisance by the Industrial Court and conducting a post-mortem on the entire CA negotiations.
•Analysing difficult issues for future CA negotiations and conducting post-CA briefing to operations team members.
•Maintaining open communications with trade union officers to build trust and cordial relations.
 
Target Audience
  • ​Owners of SMEs and Businesses.
  • Business leaders, Heads of Finance/Accounts.
  • HR Directors/Managers.
  • Department Heads/Managers.
  • HR Generalists & ER/IR Specialists.
 
Methodology
 
Scheme SBL Fee
Duration 9 AM - 5 PM Members Less