Scope and eligibility
The March 2017 guidelines explain the additional collective-representation option introduced through the 2015 Industrial Relations Act changes. Eligibility depends on actual responsibilities and conflicts of interest rather than the executive job title alone. Senior management, decision-makers on employment matters, employer negotiators, holders of sensitive financial/HR/industrial-relations information and other conflicting roles may be excluded.
Agree the boundary
Employers and unions may mutually use salary or the proportion of executives as additional proxies, considering organisational structure. Share information to agree the eligible classes. Unresolved eligibility questions should go to MOM for early conciliation; the guidelines describe a joint IAC arbitration application if agreement remains impossible.
Recognition, membership and MOU
An existing rank-and-file union may seek recognition for agreed executive classes; the employer may grant direct recognition or request a secret ballot. Executive members may hold union office according to its constitution. An MOU can identify limited/collective classes, review provisions, information sharing and dispute escalation. Existing limited-representation arrangements can continue if still suitable or be mutually revised.
Questions addressed in the document
Highly autonomous senior professionals affecting strategy, in-house counsel with confidential information and executives influencing multiple regions may be unsuitable for collective representation. Recognised unions may negotiate industrial matters but management prerogatives identified in section 18(2), including specified promotion, transfer, hiring, redundancy, dismissal/reinstatement and duties decisions, are excluded from bargaining. The content of executive agreements varies with the organisation.