establish and maintain a business relationship
DESCRIPTION
Establish and maintain a business relationship This unit comprises four Elements: Establish and conduct business relationships Conduct negotiations Make formal business agreements Foster and maintain business relationships. Trainer advises trainees this Unit comprises four Elements, as listed on the slide explaining: • Each Element comprises a number of Performance Criteria which will be identified throughout the class and explained in detail • Trainees can obtain more detail from their Trainee Manual • At times the course presents advice and information about various protocols but where their workplace requirements differ to what is presented, the workplace practices and standards, as well as policies and procedures must be observed.TRANSCRIPT
ESTABLISH AND MAINTAIN A BUSINESS
RELATIONSHIP
D1.HCS.CL6.02D1.HSM.CL5.05 D2.TCS.CL5.15
Slide 1
Establish and maintain a business relationship
This unit comprises four Elements:
Establish and conduct business relationships
Conduct negotiations
Make formal business agreements
Foster and maintain business relationships.
Slide 2
Assessment
Assessment for this unit may include:
Oral questions
Written questions
Work projects
Workplace observation of practical skills
Practical exercises
Formal report from employer or supervisor.
Slide 3
Establish and conduct business relationships
Performance Criteria for this Element are :
Establish business relationships in a manner that promotes goodwill and trust between the enterprise, its customers and suppliers
Build trust and respect in business relationships
Identify and take up opportunities to maintain regular contact with customers and suppliers.
Slide 4
Establish business relationships
Establishing and maintaining good business relationships is vital – relationships may need to be created with:
Customers (also known as patrons, clients or pax):
• Corporate
• Government
• Private
• Sectors.
(Continued)
Slide 5
Establish business relationships Customers can be classified by demographic
characteristics:
• Gender
• Age
• Religion
• Income
• Marital status
• Domestic or international.
(Continued)
Slide 6
Establish business relationships
Customers may also be identified & classified as:
Regular customers
New customers
Potential customers
Prospects.
Slide 7
Establish business relationships
A business relationship may also be developed with suppliers including:
Wholesalers
Retailers
Combined wholesale-retailers.
Slide 8
Establish business relationshipsBusiness relationships will also exist with ‘strategic partners’ – these are deliberate partnerships with other businesses to:
Capitalise on a logical link between the partners
Gain some operational advantage
Engage in mutually beneficial promotions, advertising, campaigns
Save money and/or increase sales or profit.
Slide 9
Establish business relationships
Relationships may also occur with finance companies:
Banks
Financial institutions.
Slide 10
Establish business relationships
Relationships are also important with other businesses with whom you have:
Service contracts
Commission-based arrangements
Association-based links.
Slide 11
Establish business relationships
There will always be a relationship between the business and its employees – addressing issues such as:
Remuneration
Working conditions
IR issues
Insurance
OHS.
Slide 12
Establish business relationships
Business relationships with ‘industry bodies’ are also common:
Government agencies and authorities
Unions
Peak industry bodies.
Slide 13
Establish business relationshipsThere is need to develop a business relationship with:
Local council
Local offices of government agencies and authorities.
Slide 14
Establish business relationships
Business relationships can be initiated:
By you making contact with the ‘other party’
By the ‘other party’ making contact with you.
Slide 15
Establish business relationships
‘Goodwill’, ‘trust’ and ‘respect’ are vital to business relationships.
Goodwill = positive feelings towards the business as a result of:
Positive community involvement
Its ethical behaviour
Gifts given
Public statements and commitments
Its observable behavior (‘track record’).
Slide 16
Build trust and respect‘Trust’ in a business relationship:
Refers to the ability of parties to believe you
Is a result of actions – not promises
Is a result of doing everything that was promised.
Slide 17
Build trust and respectBasic pre-requisites for developing trust in a business relationship:
Be careful about what you promise
Under-promise and over-deliver
Read things before you sign them.
Slide 18
Build trust and respectActions to foster trust in you include:
Follow-up on all promises made
Honour promises made
Tell others about the ‘bad’ bits too – never just promote the positive aspects of a product, service, deal or package
(Continued)
Slide 19
Build trust and respect
Give customers what they are entitled to
Advise them about issues relevant to their needs, wants, preferences, constraints and/or circumstances
(Continued)
Slide 20
Build trust and respect Maintain confidentialities
Charge the prices quoted
Be honest with suppliers.
Slide 21
Build trust and respect
‘Respect’ = the regard for others – it can be demonstrated by displaying:
Consideration for them
Politeness and civility
Getting to know them and their needs, wants and preferences
(Continued)
Slide 22
Build trust and respect Providing deferential treatment
Showing appreciation for their time
Valuing their custom and the opportunities they represent
Never taking them for granted
(Continued)
Slide 23
Build trust and respect Identifying and showing regard for individual differences
Demonstrating ‘nothing is too much trouble’
Understanding every person is a unique individual
Proving you want to be of service
(Continued)
Slide 24
Build trust and respect
There is a need to demonstrate respect and trust on an on-going basis:
Using the person’s name
Being punctual
Maintaining a professional distance
Paying attention non-verbal cues
Avoiding judgement.
Slide 25
Maintain regular contact
Opportunities for regular contact must be actively sought out and then used – they may include:
Informal social occasions:
• Meetings
• ‘Get togethers’
• Parties
• Business events.
(Continued)
Slide 26
Maintain regular contact
All ‘social occasions’ provide an opportunity to:
Make new contacts
Reinforce existing contacts
Learn new information.
Be prepare to:
‘Network’
Slide 27
Maintain regular contact
Take business cards Wear a name tag Determine who you want
to make contact with Take pen and paper.
Slide 28
‘Industry functions’ (product launches and exhibitions) are opportunities to make contact – plan your attendance:
Maintain regular contact
Introduce self, wear name tag and hand out business cards
Offer to participate in activities
Volunteer for office bearer.
Slide 29
Membership of industry associations is a useful way of making and maintaining contact:
Maintain regular contactCooperative promotions provide contact opportunities and can be based on activities such as:
Slide 30
Sharing market research
Sharing promotional costs
Offering packages and deals
Taking bookings and payment for others.
Maintain regular contact
Cooperative promotions relationships demand:
Honesty
Total disclosure
Hard work
Regular contact
Mutual support.
Slide 31
Maintain regular contact
The telephone is vital in business relationships - it:
Is inexpensive to use
Allows regular contact
Requires a schedule of calls to be truly effective.
If people indicate they do not want to be phoned - do not phone them!
An attempt to call is not the same as talking to them on the phone.
Slide 32
Maintain regular contact
Topics for discussion when making contact:
General comments about yourself, work and family
Advice about new information, products, offers, packages and deals
General enquiries about them, their business and family
Undertakings and promises made
Answers to questions asked.
Slide 33
Maintain regular contact
Never raise or talk about:
Sex
Religion
Politics
Jokes
Other people or businesses.
Slide 34
Summary – Element 1
When establishing and conducting business relationships:
Ensure all potential and required businesses, bodies and individuals are identified
Know why the relationship is necessary
Meet or make contact with a person as distinct from an organisation or enterprise
Generate and maintain goodwill
(Continued)
Slide 35
Summary – Element 1 Build trust and respect in the relationship and sustain
these on an on-going basis
Search for and take advantage of opportunities to maintain regular contact
Establish and adhere to a regular contact schedule
Share information.
Slide 36
Conduct negotiations
Performance Criteria for this Element are:
Conduct negotiations in a business-like and professional manner within the relevant cultural context
Conduct negotiations in the context of the current enterprise marketing focus and within legal and ethical considerations
(Continued)
Slide 37
Conduct negotiations Maximise benefits for all parties in the negotiation
through use of established negotiation techniques
Incorporate feedback and input from colleagues into the negotiation where appropriate
Communicate the results of negotiations to appropriate colleagues and stakeholders within appropriate timeframes.
Slide 38
Conduct negotiations in a business-like and professional manner‘Negotiations’ are part of most business relationships - they:
Must be conducted in a correct manner
Must accommodate cultural contexts
Are the best way to resolve differences
Should achieve a win-win outcome
Require compromise.
Slide 39
Conduct negotiations in a business-like and professional mannerNegotiations may relate to:
Corporate accounts (B2B relationships)
Service contracts
Agency agreements
(Continued)
Slide 40
Conduct negotiations in a business-like and professional manner Venue contracts
• For services provided.
Rate negotiations – which must reflect:
• Reliability
• Quality
• Availability
• Overall considerations.
(Continued)
Slide 41
Conduct negotiations in a business-like and professional manner
Marketing agreements
Preferred product or provider agreements.
Slide 42
Conduct negotiations in a business-like and professional mannerNegotiation is:
'A process in which two or more parties confront a problem and arrive at a solution which best meets the needs of all of them‘.
Slide 43
Conduct negotiations in a business-like and professional mannerTo be effective in negotiation you need:
Good preparation:
• Get the facts
• Know the other party.
Knowledge of your goals and limits
(Continued)
Slide 44
Conduct negotiations in a business-like and professional manner A calm mind and a calm approach
Good listening and communication skills
Knowledge of the relevant cultural context
Knowledge of how to close a deal.
Slide 45
Conduct negotiations in a business-like and professional mannerBefore negotiating you must be able to answer all the following:
What are venue or department needs?
What is required (‘bottom line’) as a result of the negotiation?
When will you walk away?
What are the needs of the other party?
Slide 46
Conduct negotiations in a business-like and professional mannerNegotiating ‘rules’:
Sit-in on other negotiations:
• Listen
• Watch
Be business-like
Try to get initial about the agenda
Try to get agreement about required outcomes
(Continued)
Slide 47
Conduct negotiations in a business-like and professional manner Deal with easily agreed small issues first
• Shows willingness to negotiate or compromise.
Take notes during the negotiation:
• Refer to them during the negotiation
• They are useful after the negotiation.
(Continued)
Slide 48
Conduct negotiations in a business-like and professional manner Apply listening skills Use appropriate questioning techniques Monitor body language Be assertive Monitor and give feedback(Continued)
Slide 49
Conduct negotiations in a business-like and professional manner Use appropriate timing for statements, questions &
responses
Present in a logical sequence
Be persuasive, not forceful
Note perceptions of power within the negotiation.
Slide 50
Conduct negotiations legally, ethically and in contextAll negotiations must:
Reflect needs for the business as stated in:
• Business plans
• Marketing plans.
Align with legal requirements
Reflect ethical considerations.
Slide 51
Conduct negotiations legally, ethically and in contextTo optimise likelihood of attaining organisational objectives you need to have answers to the following:
What are the business aims and objectives and goals?
Is a new market being targetted?
Is a new sector being targetted?
What are your personal operational parameters?
Slide 52
Conduct negotiations legally, ethically and in context What discounts or incentives can be offered?
What specials or deals can be made?
What alterations to existing offers can be made?
What target markets are being targetted at this time?
(Continued)
Slide 53
Conduct negotiations legally, ethically and in context What image or market position is being sought?
What are the department objectives? (as distinct to venue goals)
What are others in your business offering to their customers and prospects?
Slide 54
Conduct negotiations legally, ethically and in context
Be alert to the fact ‘Change is Constant’:
Products, services and facilities available can and will change throughout a year or over time
Customers change over time
Seasons change
‘Special events’ occur regularly.
Slide 55
Conduct negotiations legally, ethically and in context
You must ensure negotiations comply with all legal requirements – as imposed by:
Legislation
Regulations.
Slide 56
Conduct negotiations legally, ethically and in contextTo identify your legal obligations:
Speak to supervisor or manager
Talk to more experienced staff
Contact relevant authorities
Visit authority websites
Ask questions of industry and employee or employer associations.
Slide 57
Conduct negotiations legally, ethically and in contextFailure to comply with legislated obligations can result in penalties to the venue and individual staff:
Warning
Fine
Imprisonment
‘Order’ – to act, or refrain from action
Business closure.
Slide 58
Conduct negotiations legally, ethically & in context
Businesses must also meet ethical constraints/requirements – which can result from:
Public ‘organisational statements’ made by the business
Company policies & procedures
Directives from head office
(Continued)
Slide 59
Conduct negotiations legally, ethically and in context Codes of Practice and or Codes of Conduct –
addressing:
• Business practices
• Staff performance and actions
• Guarantees
• Commitments.
(Continued)
Slide 60
Conduct negotiations legally, ethically and in context Social and moral imperatives – for example:
• Protection of children
• The environment
• Cultural sensitivity
• Remuneration
• Purchasing of products.
Slide 61
Conduct negotiations legally, ethically and in context
Breaches of ethical constraints may result in:
No legal action
Warning from relevant body
Termination of agreements
Expulsion form an association
Negative media publicity.
Slide 62
Maximise opportunities using established techniquesNegotiations must:
Maximise the outcomes for both parties
Accept a failure this time may result in success next time.
Slide 63
Maximise opportunities using established techniquesNegotiation tactics:
The other party walks out – you might:
• Ask them to return
• Re-frame statements
• Make new offers
• Try to find a compromise.
(Continued)
Slide 64
Maximise opportunities using established techniques The other party delays/stalls – you might:
• Use this time positively
• Seek a compromise
• Seek clarification.
(Continued)
Slide 65
Maximise opportunities using established techniques If other party sets limits – you might:
• State and explain why these are unacceptable
• Give your limits
• Have a frank discussion on the issues
(Continued)
Slide 66
Maximise opportunities using established techniques If there is a deadlock – you might:
• Claim you do not have the authority to do or offer more
• Say you will need to refer the deadlock to a superior
• Use the ‘bought’ time to re-think the situation and or generate a different proposal or counter-offer.
(Continued)
Slide 67
Maximise opportunities using established techniques If the other party keeps silent – you might:
• Ask questions
• Ignore the silence
• Respond with silence.
(Continued)
Slide 68
Maximise opportunities using established techniques If a personal attack is made – you might:
• Ignore it
• Walk out.
(Continued)
Slide 69
Maximise opportunities using established techniques If other party overloads the discussion with information
– you might:
• Accept it, summarise it and return to the main topic
• Ignore if (politely) and revert back to the main topic.
(Continued)
Slide 70
Maximise opportunities using established techniques If other party switches from general to specific and then
from specific to general – you might:
• Stick to the point.
(Continued)
Slide 71
Maximise opportunities using established techniques If the other party acts ignorant – you might:
• Ask questions to determine level of knowledge
• Provide base information.
(Continued)
Slide 72
Maximise opportunities using established techniquesFurther negotiation techniques:
Identify goals and limits
Clarify needs
Identify points of agreement and difference
(Continued)
Slide 73
Maximise opportunities using established techniques Demonstrate research undertaken – of the facts
Use appropriate language
Use appropriate non-communication
(Continued)
Slide 74
Maximise opportunities using established techniques Bargain with the other party – ‘this for that’
Develop options
Be cultural appropriate and respectful
Confirm agreements.
Slide 75
Maximise opportunities using established techniquesTo maintain business relationships:
Stay in touch with clients you have lost
Follow-up after customers have used the service – show interest and get feedback: address any problems.
Slide 76
Incorporate feedback/input into negotiationsA team effort is often required in negotiations – the ‘team’ may include:
The other party
Specialist staff member or co-workers
Management.
Slide 77
Incorporate feedback into negotiationsAll information used in negotiations must be comprehensive, accurate and current:
Comprehensive
Accurate
Current.
Slide 78
Incorporate feedback into negotiations
Information must be comprehensive, accurate and current because:
It is the basis of ‘the deal’
Providing insufficient, poor, dated or wrong information is highly unprofessional
The other party will use it to make a decision
There are potential legal implications for providing misleading or false information.
Slide 79
Incorporate feedback into negotiationsInformation provided by colleagues to assist with negotiations may include:
History about previous dealings with the client
Factual information, details and data
(Continued)
Slide 80
Incorporate feedback into negotiations
Historical information
Practical help by trialling the proposed negotiation to see what works, and what does not.
Slide 81
Incorporate feedback into negotiationsFeedback from the other party:
Must be continually sought
May be positive
May be negative.
All feedback is good – even ‘negative’ feedback.
‘Feedback is the breakfast of Champions’
Slide 82
Incorporate feedback into negotiations
Feedback may be verbal or non-verbal – pay attention to:
What is said
How it is said
Body language
Facial expressions
Whether or not the body language matched or were different to the spoken words.
Slide 83
Incorporate feedback into negotiationsIt is vital to use feedback from the other party in negotiations – keys are:
Thanking the person for their feedback
Clarify (if needed) understanding of the feedback
Reflect on it
Act on the feedback.
(Continued)
Slide 84
Incorporate feedback into negotiations Always stay within your scope of authority
Work through unreasonable and inaccurate feedback with the other party – stand your ground explaining your reasons for believing the feedback is unfair or wrong
Learn from the experience.
Slide 85
Incorporate feedback into negotiationsWhen providing feedback as part of the negotiation process:
Be positive and constructive
Ensure feedback is fact-based – as opposed to opinion-based, or a result of personal judgements
(Continued)
Slide 86
Incorporate feedback into negotiations Respect feelings of other person or party
Give feedback promptly
Offer feedback only on items and issues that can be changed.
Slide 87
Communicate results of negotiationsWhen negotiations have concluded, ‘others’ may need to be advised:
‘Within designated timeframes’
As soon as possible
Within seconds of the deal being signed.
Slide 88
Communicate results of negotiationsCommunication options:
In person, face-to-face
By telephone
Via email.
Slide 89
Communicate results of negotiationsYou may need to communicate with:
Anyone who had involvement in the process
Owners and or management-level personnel
Support departments and staff
Head office
Operational staff who will be impacted or involved.
Slide 90
Communicate results of negotiationsWritten reports on negotiations should address:
Names of those involved
Basic issues involved
Attempts to satisfy and resolve issues
Reasons attempts to satisfy and resolve failed (were rejected)
(Continued)
Slide 91
Communicate results of negotiations Figures and statistics
Statement about venue or department desired or preferred outcome
Details of final offer made
Result or outcome of final agreement
Notifications
Lessons learned
Recommendations for future action.
Slide 92
Summary – Element 2
When conducting negotiations:
Act in a business-like & professional manner Realise the outcome of a successful negotiation is a
win-win result Do the necessary research & preparation prior to the
negotiation process Involve others in the planning & preparation(Continued)
Slide 93
Summary – Element 2 Know your limitations for negotiating and never exceed
them Prepare a plan, know the plan and stick to the plan to the
greatest extent possible Use appropriate communication skills Align the negotiation with workplace demands and focus(Continued)
Slide 94
Summary – Element 2 Ensure all negotiations occur within legal and ethical
constraints Use established negotiation techniques but seek a
positive outcome for all parties Be flexible and be prepared to amend offers to reflect
emerging need, changed circumstances and varying requirements
(Continued)
Slide 95
Summary – Element 2 Use feedback from others to plan and guide the
process Communicate the outcome or results of negotiation
promptly and comprehensively to designated persons according to internal requirements.
Slide 96
Make formal business agreementsPerformance Criteria for this Element are:
Confirm agreements in writing using formal contracts where appropriate and in accordance with enterprise requirements
Check and gain appropriate approvals for all aspects of formal agreements in accordance with enterprise procedures
Identify the need for, and seek, specialist advice in the development of contracts where appropriate.
Slide 97
Confirm agreements in writingAfter negotiations, most agreements are ‘reduced to writing’:
Not all agreements are put in writing – many are legally enforceable ‘verbal’ agreements or contracts
Written agreements/contracts remove confusion about terms and conditions and give clarity to all
The services of a solicitor may be used
You, or a colleague from your venue can write the agreement or contract.
Slide 98
Confirm agreements in writingContracts:
Are agreements enforceable at law
Parties agree to do (or not do) something
Most are ‘simple’ contracts.
Slide 99
Confirm agreements in writing
Six elements of a valid contract:
Intention to create legal relations
Agreement
Consideration
(Continued)
Slide 100
Confirm agreements in writing
Capacity
Certainty of terms
Legality of objects.
Slide 101
Confirm agreements in writingIf one or more elements of a valid contract is missing, the contract may be:
Void
Voidable
Unenforceable
Illegal.
Slide 102
Confirm agreements in writingIn relation to contracts:
Parties need to be certain about the contents of the contract
Parties must consent to the contents, terms and conditions
The contract or negotiation must not involve:
• Mistake
• Misrepresentation
• Duress
• Undue influence.
Slide 103
Confirm agreements in writingThere are four kinds of ‘mistake’:
Common mistake
Mutual mistake
Unilateral mistake
‘Non est factum’ (‘it is not my deed or option’).
Slide 104
Confirm agreements in writingMisrepresentation can be:
Fraudulent misrepresentation – see following slides
Innocent misrepresentation:
• No intention to deceive exists
• ‘Damages’ will not be awarded as a consequence.
Slide 105
Confirm agreements in writingFraudulent misrepresentation:
A false representation of fact made with the knowledge it is false, or is a statement or representation made carelessly or indifferently without any real regard to what may be the true facts
Can result in the need to pay ‘damages’.
Slide 106
Confirm agreements in writing
All following seven factors must be present or occur for fraudulent misrepresentation to be proven:
1. A false2. Fraudulent3. Representation4. Of fact5. Made by one person to another 6. With the object of inducing the other to alter his
position to his prejudice7. Which actually induces the other to alter his position to
his prejudice.
Slide 107
Confirm agreements in writing
‘Silence’:
Does not mean agreement
Can amount, in certain cases, to misrepresentation.
Slide 108
Confirm agreements in writing
‘Duress’:
Actual or threatened violence
Means the contract is voidable.
Slide 109
Confirm agreements in writing
‘Undue influence’:
Is the improper use of power or influence
Can relate to offering bribes and or threats to disclose information protected by special relationships.
Slide 110
Confirm agreements in writingTopics discussed during negotiations can be distinguished as being either a ‘term of the contract’ or ‘mere representation’ related to the discussions:
A ‘term’ is central to the contract and gives rise to ‘breach of contract’ action
‘Mere representation’ is not part of the contract and does not give rise to breach of contract action (unless deliberately fraudulent).
Slide 111
Confirm agreements in writingCourts will identify if things are ‘terms’ or ‘representations’ based on:
The stage at which the crucial statement was made during the course of the transaction
The importance attached to the statement by the parties
The form of the statement Knowledge of the person making the statement.
Slide 112
Confirm agreements in writingIs the ‘term’ a ‘condition’ or ‘warranty’?
Courts make the distinction trying to identify the intention of parties when they contracted
‘Conditions’ go to the heart of the contract – remedy for breach of these terms includes suing for damages and treating contract as repudiated
‘Warranties’ are lesser terms – remedy for breach only allows damages to be claimed.
Slide 113
Confirm agreements in writing
‘Exclusion clauses’:
Also known as ‘exclusion terms’
Seek to limit liability of one party in respect of the contract
Found in many standard form contracts
Courts commonly finding for the party to whom the exclusion clause is applied
You will be bound by exclusion clauses if they are contained in a contract you sign regardless of whether or not you have read the contract.
Slide 114
Confirm agreements in writing
‘Privity’:
Provides rules relating to govern legal relationships (responsibilities and rights) under contracts
In general terms ‘Parties to a contract cannot confer rights, or impose liabilities, upon anyone but themselves’.
Slide 115
Confirm agreements in writing
‘Discharging’ a contract can occur one of six ways:
Performance
Tender or Attempted performance
Agreement
(Continued)
Slide 116
Confirm agreements in writing Frustration
Breach
Operation of law.
Slide 117
Confirm agreements in writing
Operations of law:
Merger
Material alteration to written document
Death
Insolvency
Losing of the contract.
Slide 118
Confirm agreements in writing
Remedies for breach of contract:
Sue for damages
‘Equitable remedy’”
• ‘Specific performance’
• ‘Injunction’.
Slide 119
Check and gain appropriate approvals for formal agreementsBefore signing formal agreements they must be checked & approved by one (or more) of the following:
Owner or manager
Finance and accounting department
Department heads – as appropriate to the agreement
Sales and marketing department
Legal representative.
Slide 120
Check and gain appropriate approvals for formal agreementsIf approval is not given for a formal agreement, options include:
Re-negotiation
Withdrawal from negotiations and the proposed agreement.
Slide 121
Identify need for, and seek, specialist adviceFrom time-to-time specialist advice regarding contracts can be necessary in relation to:
Legal matters
Financial matters
Industrial relations matters.
Slide 122
Identify need for, and seek, specialist adviceSpecialist legal advice may be needed when:
Entering into a relationship with a new party Entering into an agreement that is a new area for your
organisation Legislation relevant to the agreement has changed The agreement involves a large sum of money(Continued)
Slide 123
Identify need for, and seek, specialist advice There is a degree of urgency associated with the
agreement The agreement involves a very high level of risk Where you are entering into a contract about something
where you previously experienced legal problems The project is a long or large one The nature of the agreement is such it is contentious,
risky or liable to be actioned.
Slide 124
Identify need for, and seek, specialist adviceSpecialist financial advice may be needed to:
Source funds
Determine alternatives for obtaining equipment
Identify financial planning imperatives.
Slide 125
Identify need for, and seek, specialist adviceSpecialist IR advice may be needed in relation to:
Preparation of employment instruments and work contracts
Determination of working conditions and pay rates
Establishment of dispute resolution protocols
(Continued)
Slide 126
Identify need for, and seek, specialist advice Resolution of IR issues and disputes
Staff recruitment and selection
Disciplinary matters
Clarification of roles and responsibilities
Legal compliance issues.
Slide 127
Summary – Element 3When making formal business agreements:
Realise many industry contracts are not put in writing – a handshake or verbal agreement is often the only agreement
Putting it ‘in writing’ is the preferred option as it reduces confusion and gives certainty about intentions
Ensure the contract is valid from a legal perspective
(Continued)
Slide 128
Summary – Element 3 Never make false statements or misrepresentations
when negotiation a contract or agreement
Avoid applying duress or undue influence when contracting
Strive to clarify ambiguities
Be certain about all terms and conditions, warranties and guarantees
(Continued)
Slide 129
Summary – Element 3 Realise signing a document commits you to whatever
is in the document or contract you have signed
Understand the penalties for failing to discharge your obligations under the agreement
Obtain approval and authorisation before entering into any agreement
Seek legal, financial and industrial advice when necessary.
Slide 130
Foster and maintain business relationshipsPerformance Criteria for this Element are:
Pro-actively seek, review and act upon information needed to maintain sound business relationships
Honour agreements within the scope of individual responsibility
(Continued)
Slide 131
Foster and maintain business relationships Make adjustments to agreements in consultation with
the customer or supplier and share information with appropriate colleagues
Nurture relationships through regular contact.
Slide 132
Maintain sound business relationshipsOpportunities to maintain relationships = those available to create them in the first place:
What are they?
You MUST be proactive.
Slide 133
Maintain sound business relationshipsResearch is also needed to maintain relationships:
Talk to your network of industry contacts
Keep an eye on the news in the media
Be observant about media advertising
Obtain relevant annual reports
Visit relevant web sites and opposition properties.
Slide 134
Maintain sound business relationshipsBenefits of fostering business relationships:
Personal friendships
Peer support
Chances to learn
Increased trade
More current information
Better access to better information.
Slide 135
Maintain sound business relationshipsIt is vital to use all information obtained about those with whom a business relationship exists to, for example:
Contact and congratulate them
Contact them and say you saw them in an article, on TV
Contact them and say you were talking to someone who knew and mentioned them
Contact them and make a revised offer or suggestion
(Continued)
Slide 136
Maintain sound business relationships Contact them and provide new materials
Make contact with a new person
Update internal files
Share information.
Slide 137
Honour agreements
Honour all agreements within personal scope of authority, which will be:
Be explained to you when you join a business
Be relatively small to begin with
Grow as your experience grows.
Slide 138
Honour agreements
In relation to individual scope of authority:
Fully understand limits and parameters
Never act outside your scope of authority
Failure to adhere to existing scope of authority guidelines can result in all scope of authority permissions being revoked (or dismissal).
Slide 139
Honour agreements
Failing to honour agreements may result in:
Reduced customer satisfaction
Harm done to trust and rapport
Feeling the business is self-focussed
Legal action
Negative publicity
No ongoing relationship.
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Honour agreements
Honouring agreements also involves:
Meeting ethical business standards and expectations
Achieving KPIs as specified in the agreement.
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Make adjustments and share information
Where there is a need to adjust an existing arrangement or agreement:
Apply appropriate interpersonal skills
Be clear about the changes required
A verbal agreement may be all that is necessary
Never make unilateral changes.
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Make adjustments and share informationKeys when making changes to agreements or arrangements:
Clarify revised arrangements Determine if extra charges (or refunds) need to be
made Advise others (as necessary) about the revised
arrangements.
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Nurture relationships through regular contactRelationships must be nurtured, fostered and cared for – keys are:
Regular contact
Effective communication.
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Nurture relations through regular contactTips to ensure you nurture business relationships:
Prepare a contact schedule Set aside time each day or week to make contact with
important customers Diarise promises made Stay polite and respectful(Continued)
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Nurture relations through regular contact Ask for permission
Use a variety of contact options
Respect contact preferences identified or requested by the other party
Be prepared to call back and try again
Talk about (some) non-work related topics
(Continued)
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Nurture relations through regular contact Thank them
Meet with people in ‘out of work’ situations
Follow-up
Focus on the important things
Keep all promises made
Share the load
Review personal performance and adjust as required on the basis of feedback and or reflection.
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Summary – Element 4
When fostering and maintaining business relationships:
Understand the need to be proactive – never wait for the other party to make contact or nurture the relationship
Undertake research into identified important relationships to discover new or revised information
Use information discovered as the basis for making contact with other parties and communicating with them
(Continued)
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Summary – Element 4 Contact others outside a strictly work context
Keep all contacts professional, polite and respectful
Honour agreements made
Adhere to individual scope of authority when dealing with others – or involve others where needed to make decisions/ and take necessary action as required
(Continued)
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Summary – Element 4 Know the contents of all contracts and agreements so
you know what customers expect and are entitled to
Seek to meet (or exceed) customer expectations
Apply standard business ethics in all dealings
Be prepared to make adjustments based on issues arising and changes to customer circumstances
(Continued)
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Summary – Element 4 Make regular contact
Use clear and effective communication
Review personal performance and adjust action accordingly.
Slide 151