Record keeping - employers obligations
16 April 2007
Federal and State laws require employers to keep specific employee records. Many awards and agreements also require employers to keep records, such as time and wages records. Awards and agreements should be consulted in conjunction with the information provided below. Employers a...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Abandonment of Employment - 31 Jan 2007
Abandonment of employment occurs when an employee leaves employment without any intention of coming back to work.
Abandonment is not a termination at the initiative of the employer.If an employee abandons his or her employment, the law regards this as an act of repudiation by the employee. In other...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
|
Absenteeism
Absenteeism is often one of the most difficult issues for businesses to manage. Often managers and supervisors believe that employees are abusing sick leave and taking time off when they are not genuinely sick, but fail to manage the situation proactively because they don’t know which positive steps they can take.
Managing sick leave appropriately is the key to reducing absences in your workplace.
So what processes and procedures can managers and supervisors implement to assist in better managing sick leave?
Useful Tips
Here are some practical tips for managing absences:
Notification of the Absence
- Ensure that the employee is required to always contact their manager or supervisor directly by telephone to report the absence. This means the employee must explain the absence directly to a more senior person who is accountable for managing leave.
- Do not allow an employee to notify by:
- contacting a peer / co-worker or secretary
- sending an e-mail to work
- SMS or text message
This denies the manager or supervisor the opportunity to assess whether or not the absence is genuine, and sends a message to employees that absenteeism is not taken seriously by the organisation.
- If an employee doesn’t notify in accordance with the policy or fails to notify, the manager or supervisor should contact the employee by telephone and have a direct discussion to be satisfied that the absence is genuine.
Providing Proof of Illness
- Requiring an employee to provide evidence of their absence is recommended where sick leave abuse is suspected. Employers can request a medical certificate for an absence in certain circumstances; these are often prescribed in an award, agreement or legislation.
- The new Australian Fair Pay and Conditions Standard which applies to employers who are constitutional corporations allows employers to request:
- a medical certificate from a registered medical practitioner if it is reasonably practicable to do so, and;
- if it is not reasonably practicable for the employee to give a medical certificate – a statutory declaration made by the employee.
- Where frequent sick leave is taken the employer may also wish to consider:
- seeking the employee’s permission to speak to the medical practitioner about their absence, or;
- requesting the employee participate in a review by a medical practitioner of the employers choice – provided the employer pays for the review.
Returning to Work
- When an employee returns to work after an absence the manager / supervisor should always have a discussion with the employee about the absence. The level of discussion can range from a simple passing comment to a counselling / disciplinary interview depending on the situation.
Often implementing these simple steps sends a message to your employees that you are concerned about their wellbeing, but also serious about managing absences. This may result in an improvement in absenteeism as employees realise that the organisation is taking the issue seriously.
Like to know more?
For further information about managing workplace absences contact the CCI Business Advice Centre on (08) 9365 7660 or e-mail: advice@cciwa.com
|
Personal/Carer’s leave in the Australian Fair Pay and Conditions Standard
14 March 2007
An employee’s entitlement to paid Personal/Carer’s Leave in the Workplace Relations Act 1996 can be found in Division 5 of Part 7 – Personal Leave under The Australian Fair Pay and Conditions Standard (the Standard).
Personal Leave in the Standard provides the following entitlements:
- paid personal/carer’s leave
- unpaid carer’s leave, and
- paid Compassionate leave*
*NOTE: For more information on
Paid Compassionate leave, please contact the Business Advice Centre on (08) 9365 7660.
All employees (excluding casual employees) are entitled to paid personal/carer’s leave and paid compassionate leave. All employees (including casual employees) are entitled to unpaid carer’s leave.
Personal/carer’s leave is defined in the standard as:
- paid leave (sick leave) taken by an employee because of a personal illness or injury of that employee, or
- paid or unpaid leave (carer’s leave) taken by an employee to provide care and support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because of:
- a personal illness, or injury, or the member
- an unexpected emergency affecting the member
Immediate family includes a spouse of the employee, child, parent, grandparent, grandchild or sibling of the employee, or the child, parent, grandparent, grandchild or sibling of the employee’s spouse.
An employee’s spouse includes:
- former spouse
- de facto spouse
- former de facto spous
Child includes:
- adopted child
- stepchild
- exnuptial child
- adult child
Accrual of Personal/Carer’s Leave
Under the Standard, employees’ (other than casual employees) will accrue ten days personal leave per year. Unused personal leave will accumulate, and can be used in future years.
Under the Standard, personal leave accrues for employees each completed four weekly period of continuous service. Personal Leave accrues at 1/26th of the ‘nominal hours worked’ by the employee during that four week period.
For example: An employee who works 38 nominal hours per week would accrue personal leave at the rate of 5.846 hours per four week period, a total of 76 hours (the equivalent of two weeks) personal leave
per year.
Personal Leave is credited to employees on a monthly basis.
Nominal Hours
‘Nominal hours worked’ for the purposes of accruing personal leave is worked out as follows:
The ‘specified number of hours’ per week (38 hours if the specified number of hours is more than 38)
less
Absences on leave not counted as service (eg unauthorised absences, authorised unpaid leave, unpaid carer’s leave and parental leave)
less
Periods of industrial action by employees
NOTE: Personal Leave will not accrue on overtime worked.
Personal leave under the Standard may accrue when an employee is absent from work. Whether personal leave accrues will depend on what type of absence or leave the employee is taking. Please refer to the table below.
| Type Absence or Leave |
Accrual of Personal Leave? |
| Paid Annual Leave |
yes |
| Paid Sick Leave |
yes |
| Paid Carer’s Leave |
yes |
| Compassionate Leave |
yes |
| Unpaid Carer’s Leave |
no |
| Unpaid Sick Leave |
no |
| Authorised Leave without Pay |
no |
| Unauthorised Leave without Pay |
no |
| Maternity Leave |
no |
| Special Parental Leave |
no |
| Paternity Leave |
no |
| Short Paternity Leave |
no |
| Adoption Leave |
no |
Paid Leave resulting from ‘transfer
to a safe job’ entitlement under
parental leave |
no |
| Workers Compensation |
yes |
| Industrial Action taken by employees |
no |
| Lockout by employer |
yes |
Payment for Paid Personal Leave
The Standard outlines how personal leave is to be paid in section 247:
“If an employee takes paid personal/carer’s leave during a period, the employee must be paid a rate for each hour (pro rata for part hours) of paid personal/carer’s leave taken that is no less than the rate that, immediately before the period begins, is the employee’s basic periodic rate of pay (expressed as an hourly rate).”
Therefore, when an employee takes paid personal sick or carer’s leave, an employer must pay that employee their base rate for the hours that employee takes as Personal Leave. This does not include any monetary allowances, shift loadings and any regular or rostered overtime the employee would have earned on that day.
Where an employee takes Personal Leave, the hours taken are then deducted from the employee’s accrued leave.
Taking Personal Sick/Carer’s Leave
As personal leave is cumulative from year to year, employees are entitled to the amount of paid personal leave that has accrued. However, the entitlement to paid carer’s leave is capped at ten days per year.
Employees who have exhausted their entitlement to paid carer’s leave and casual employees, are entitled to take up to two days as unpaid carers leave for each occasion that a member of their immediate family, or household, requires care or support due to a personal illness or injury or an unexpected emergency.
Unpaid carer’s leave is only available if an employee does not have any remaining paid personal/carer’s leave, or any other authorised leave of the same type as personal/carer’s leave. This leave may be taken as a single period of two days or in any separate periods to which the employee and employer agree.
To be entitled to personal/carers leave an employee must provide notice to the employer as soon as reasonably practicable that they will not be able to attend work.
An employer may also require that an employee must also provide documentary evidence to support their claim for paid personal sick/carer’s leave as soon as reasonably practicable. Under the standard, a medical certificate can be used as documentary evidence of the illness or injury of the employee or their family member. The medical certificate must be signed by a registered health practitioner. This not only includes doctors, but will also include other registered health practitioners, such as:
- psychologists
- chiropractors
- physiotherapists
- dentists etc.
A medical certificate from a registered health practitioner must relate to the field in which they practice.
For example: A dentist would not be able to issue a medical certificate stating that an employee is unable to work due to a bad back.
If it is not reasonably practicable for an employee to provide an employer with a medical certificate, they are able to provide a statutory declaration made by the employee, stating why they were unable to attend work because of illness or injury, or because of an illness, injury or unexpected emergency affecting a member of the employee’s family.
NOTE: An exclusion applies to the evidence rules where an employee could not comply because of circumstances beyond their control.
If you have any queries regarding Personal Leave under WorkChoices, please contact CCI’s Business Advice Centre on (08) 9365 7660 or e-mail advice@cciwa.com
|
Smoking in Enclosed Places
+Did you know that the Occupational Safety and Health Regulations 1996 and the Tobacco Products Control Regulations 2006 outline the obligations of employers and those who control or manage enclosed spaces towards smokers? Failure to comply with the regulations may result in fines.
Legal obli...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Long Service Leave General Order Frequesntly asked Questions
When is an employee’s first entitlement to Long Service Leave?
An employee is entitled to 13 weeks of paid leave after 15 years of continuous service.
When are the employee’s next and subsequent entitlements?
Employees are able to access their next and then subsequent entitlements every 10 years...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Long Service Leave Act (as amended on and from 4th July 2006) Frequently Asked Questions
When is an employee’s first entitlement to Long Service Leave?
An employee is entitled to 8 2/3 weeks paid leave after 10 years of continuous service.
When are the employee’s next and subsequent entitlements?
Employees are able to access their next and then subsequent entitlements every 5 years ...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Long Service Leave Act (Prior to July 4th 2006 amendments) Frequently Asked Questions
When is an employee’s first entitlement to Long Service Leave?
An employee is entitled to 13 weeks of paid leave after 15 years of continuous service.
When are the employee’s next and subsequent entitlements?
Employees are able to access their next and then subsequent entitlements every 10 years...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Parental Leave under the Australian Fair Pay and Conditions Standard
Parental leave can be accessed as either maternity, paternity or as adoption leave under Division 6 of Part 7 of the Workplace Relations Act 1996.
Maternity Leave
General Entitlement
Women are entitled to 52 weeks unpaid parental leave at the birth of their child, if they have worked for at least...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Long Service Leave General Order
An employee is entitled to 13 weeks of paid leave after 15 years of continuous service.
When are the employee's next and subsequent entitlements?
Employees are able to access their next and then subsequent entitlements every 10 years after the initial first entitlement. The employee will receive 8 2/3 weeks after 10 years of continuous service
How do you work out Pro-rata Long Service Leave?
Where at least 10 years continuous service has been completed but less than 15 years of service, proportionate Long Service Leave is payable and is calculated on completed years, months and days of service with the employer.
Formula for working out pro-rata Long Service Leave:
Months worked x 13 = weeks accrued
180 months
Months worked includes partial months worked. In order to calculate the partial months worked, the following formula should be used:
Days of service
Days in that month
= % of the month worked
This percentage is then added to the above formula as months worked (eg, if the % is 0.75 the months worked will be eg 120.75)
Is there a formula to work out fully accrued Long Service Leave?
Where at least 15 years of service has been completed, Long Service Leave is payable on completed years of service only, as per the formula below.
Number of completed years of service x 13
15
= the amount of weeks accrued.
If the employee does not reach their 2nd or subsequent entitlement - do they get a proportionate (pro-rata) payout on termination?
Yes, the employee will receive a pro rata amount. For instance - if the employee has completed 17 years of service and took Long Service Leave at 15 years, they will be entitled to a pro rata entitlement of 2 years.
Is Long Service Leave paid out on termination?
Yes - once an employee has reached ten years of continuous service and they have resigned or are terminated, they are entitled to be paid their pro rata long service leave upon termination (except in the case of a termination for serious misconduct).
What happens to the Public Holidays that fall during a period of Long Service Leave?
If a public holiday occurs during a period of Long Service Leave taken by an employee, the public holiday is absorbed into the duration of the leave service leave period.
Can the employee cash out Long Service Leave?
No - There is no ability under the Long Service Leave General Order for employees to cash out long service leave.
What rate is Long Service Leave paid at?
For employees who are paid by a wage or a salary - the rate of pay is the ordinary rate applicable at the time leave commences (excludes shift premiums, overtime, penalty rates, allowances or the like)
For employees who are employed on a piece or bonus system (such as commission) the rate of pay is calculated by averaging the employee rate of pay for each week over the previous 3 months.
How many hours is Long Service Leave based on?
An employee is entitled to be paid in accordance with the Long Service Leave General Order and the Long service leave Act (prior to the amendments of 4th July 2006); whichever of the 2 provides a greater entitlement to the employee. This is irrespective if whether the Long Service leave Act or Long Service Leave General Order is binding.
In the case of part time and casual employees, the number of hours usually worked but not exceeding the prescribed standard (usually worked refers to the number of hours commonly worked at or about the time the leave is taken – not the average of hours worked)
Under the Long Service Leave Act the number of hours to be paid is the normal weekly number of hours of work. However, if the weekly hours have varied over the period of employment, the normal weekly hours are determined by averaging the weekly hours worked during the entire period of employment.
Can an employee take Long Service Leave early?
Leave may be taken in advance by agreement.
Do I pay leave loading on Long Service Leave?
The Long Service Leave General Order does not require leave loading to be paid.
Does an employee get Superannuation when taking Long Service Leave?
Yes - superannuation is payable. An employee will get any entitlements that they would have received had they worked.
Is superannuation payable on Long Service Leave on termination?
No - superannuation is not payable as per the Superannuation Guarantee Ruling. However, please check any relevant awards or agreements that may specify a different entitlement.
When is the Long Service Leave payment made?
Long Service Leave can be paid in full before the employee goes on leave or at the same time the employee's wages would have been paid if the employee had remained at work, or in any other way agreed to by the employee and employer.
Is a casual employee entitled to Long Service Leave?
Casual employees are entitled to Long Service Leave provided their service with the employer has been continuous and for the required periods of time.
|
Long Service Leave Act (Prior to July 4th 2006 amendments) Frequently Asked Questions
When is an employee's first entitlement to Long Service Leave?
An employee is entitled to 13 weeks of paid leave after 15 years of continuous service.
When are the employee's next and subsequent entitlements?
Employees are able to access their next and then subsequent entitlements every 10 years after the first entitlement. The employee will receive 8 2/3 weeks after 10 years of continuous service
How do you work out Pro-rata Long Service Leave?
Where at least 10 years continuous service has been completed but less than 15 years of service, proportionate Long Service Leave is payable and is calculated on completed years, months and days of service with the employer.
Formula for working out pro-rata Long Service Leave:
Months worked x 13 = weeks accrued
180 months
Months worked includes partial months worked. In order to calculate the partial months worked, the following formula should be used:
Days of service
Days in that month
= % of the month worked.
This percentage is then added to the above formula as months worked (eg, if the % is 0.75 the months worked will be eg 120.75)
Is there a formula to work out fully accrued Long Service Leave?
Where at least 15 years of service has been completed, Long Service Leave is payable on completed years of service only, as per the formula below.
Number of completed years of service x 13
15
= the amount of weeks accrued.
Is Long Service Leave paid out on termination?
Yes -once an employee has reached ten years of consecutive service and they have resigned or are terminated, they are entitled to pro rata long service leave upon termination (except in the case of a termination for serious misconduct).
If the employee does not reach their 2nd or subsequent entitlement - do they get a proportionate (pro rata) payout on termination?
Yes, the employee will receive a pro rata amount. For instance - if the employee has completed 17 years of service and took Long Service Leave at 15 years, they will be entitled to a pro rata entitlement of 2 years.
What happens to the Public Holidays that fall during a period of Long Service Leave?
If a public holiday occurs during a period of Long Service Leave taken by an employee, the public holiday is absorbed into the duration of the long service leave period.
Can the employee cash out Long Service Leave?
An employer and employee may agree for an employee to cash out long service leave as long as:
The employee is given an adequate benefit in lieu of the entitlement and the agreement is in writing.
What rate is Long Service Leave paid at?
For employees who are paid by a wage or a salary - the rate of pay is the ordinary rate applicable at the time leave commences (excludes shift premiums, overtime, penalty rates, allowances or the like)
For employees who are employed on a piece or bonus system (such as commission) the rate of pay is the ordinary rate of pay averaged over the last 3 months.
How many hours is Long Service Leave based on?
An employee is entitled to be paid in accordance with the Long Service Leave Act (prior to the July 4th 2006 amendments) and the Long service leave General Order, which ever of the two provides a greater entitlement to the employee. This is irrespective if the Long Service Leave Act or Long Service Leave General Order is binding.
Under the Long Service Leave Act the number of hours to be paid is the normal weekly number of hours of work. However, if the weekly hours have varied over the period of employment, the normal weekly hours are determined by averaging the weekly hours worked during the entire period of employment.
The Long Service Leave General Order states that the number of hours to be paid is either the standard weekly hours as prescribed by any binding award or agreement.
In the case of part time and casual employees, the number of hours usually worked but not exceeding the prescribed standard (usually worked refers to the number of hours commonly worked at or about the time the leave is taken - not the average of hours worked)
Can an employee take Long Service Leave early?
Leave can be taken in advance by agreement.
Do I pay leave loading on Long Service Leave?
The Long Service Leave Act does not require leave loading to be paid.
Does an employee get Superannuation when taking Long Service Leave?
Superannuation is payable as per the Superannuation Guarantee Rulings. However, please check any relevant awards or agreements that may specify a different entitlement
Is superannuation payable on Long Service Leave on termination?
No - superannuation is not payable as per the Superannuation Guarantee Rulings. However, please check any relevant awards or agreements that may specify a different entitlement.
When is the Long Service Leave payment made?
If the employee requests in writing to be paid before leave begins the employer must comply otherwise the employee can be paid in the same pay period as if he/she were not on long service leave
Is a casual employee entitled to Long Service Leave?
Casual employees are entitled to Long Service Leave provided their service with the employer has been continuous and for the required periods of time.
|
Long Service Leave Act (as amended on and from 4th July 2006) Frequently Asked Questions
When is an employee's first entitlement to Long Service Leave?
An employee is entitled to 8 2/3 weeks paid leave after 10 years of continuous service.
When are the employee's next and subsequent entitlements?
Employees are able to access their next and then subsequent entitlements every 5 years after the first entitlement. The employee will receive 4 1/3 weeks after 5 years of continuous service
How do you work out Pro-rata Long Service Leave?
Where at least 7 years continuous service has been completed but less than 10 years of service, proportionate Long Service Leave is payable and is calculated on completed years, months and days of service with the employer.
Formula for working out pro-rata Long Service Leave:
Months worked x 13 = weeks accrued
180 months
Months worked includes partial months worked. In order to calculate the partial months worked, the following formula should be used:
Days of service
Days in that month
= % of the month worked.
This percentage is then added to the above formula as months worked (eg, if the % is 0.75 the months worked will be eg 84.75)
Is there a formula to work out fully accrued Long Service Leave?
Where at least 10 years of service has been completed, Long Service Leave is payable on completed years of service only, as per the formula below.
Number of completed years of service x 13
15
= the amount of weeks accrued.
Is Long Service Leave paid out on termination?
Yes - once an employee has reached seven years of consecutive service and they have resigned or are terminated, they are entitled to pro rata long service leave upon termination (except in the case of a termination for serious misconduct).
If the employee does not reach their 2nd or subsequent entitlement - do they get a proportionate (pro rata) payout on termination?
Yes, the employee will receive a pro rata amount. For instance - if the employee has completed 12 years of service and took Long Service Leave at 10 years, they will be entitled to a pro rata entitlement of 2 years.
What happens to the Public Holidays that fall during a period of Long Service Leave?
If a public holiday occurs during a period of Long Service Leave taken by an employee, the period of long service leave is increased by one day for each public holiday that has occurred during this time.
Can the employee cash out Long Service Leave?
An employer and employee may agree for an employee to cash out Long Service Leave as long as:
- The employee is given an adequate benefit in lieu of the entitlement; and
- The agreement is in writing.
What rate is Long Service Leave paid at?
For employees who are paid by a wage or a salary - the rate of pay is the ordinary rate applicable at the time leave commences (excludes shift premiums, overtime, penalty rates, allowances or the like)
For employees who are employed on a piece or bonus system (such as commission) the rate of pay is the ordinary rate averaged over the last 12 months. The average is calculated on both the commission and retainer earnings.
How many hours is Long Service Leave based on?
The number of hours to be paid is the ordinary weekly number of hours of work. However, if the weekly hours have varied over the period of employment, the normal weekly hours are determined by averaging the weekly hours worked during the entire period of employment.
Can an employee take Long Service Leave early?
Leave may be taken in advance by agreement.
Do I pay leave loading on Long Service Leave?
The Long Service Leave Act does not require leave loading to be paid.
Does an employee get Superannuation when taking Long Service Leave?
Superannuation is payable as per the Superannuation Guarantee Rulings. However, please check any relevant awards or agreements that may specify a different entitlement.
Is superannuation payable on Long Service Leave on termination?
No - superannuation is not payable as per the Superannuation Guarantee Rulings. However, please check any relevant awards or agreements that may specify a different entitlement.
When is the Long Service Leave payment made?
If the employee requests in writing to be paid before leave begins the employer must comply otherwise the employee can be paid in the same pay period as if he/she were not on Long Service Leave.
Is a casual employee entitled to Long Service Leave?
Casual employees are entitled to Long Service Leave provided their service with the employer has been continuous and for the require periods of time.
|
Abandonment of Employment
Abandonment of employment occurs when an employee leaves employment without any intention of coming back to work.
Abandonment is not a termination at the initiative of the employer.
If an employee abandons his or her employment, the law regards this as an act of repudiation by the employee. In o...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Record keeping - employers' obligations
Federal and State laws require employers to keep specific employee records.
Many awards and agreements also require employers to keep records, such as time and wages records.
Awards and agreements should be consulted in conjunction with the information provided below.
Employers are required by la...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Shop & Warehouse (Wholesale & Retail) Establishment Award 1977 - NAPSA
Award
Wage Schedule
Schedule of Amendments...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Personal Leave under WorkChoices: Frequently Asked Questions
How much Personal Leave is an employee entitled to?
Employees are entitled to ten days (or 76 hours) personal leave each year (pro rata for part-time employees). Unused personal leave will accumulate and can be used in future years.How often does personal leave accrue?
Personal Leave accrues eve...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Individual Transitional Employment Agreements
8 April 2008
What is an ITEA?
An Individual Transitional Employment Agreement (ITEA) is an individual agreement made between an employer and an individual employee regulating terms and conditions of employment.
ITEAs are a replacement form of individual agreement for those employers who previou...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
How do I write a staff e-mail and Internet policy?
6 August 2007
The advent of electronic mail (e-mail) and the Internet has revolutionised the way we do business.
Without regulation, e-mail and Internet access can present new variations on old themes like discrimination, harassment, invasion of privacy, records management and copyright infringeme...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Workplace Surveillance - State privacy laws
14 November 2006
The Surveillance Devices Act had effect from 22 November 1999, and replaces the Listening Devices Act 1978 and amends the Evidence Act 1906.
The Act regulates the use of:
listening devices in respect of private conversations
optical surveillance devices in respect of private ...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Redundancy
15 May 2006
Redundancy - what are employers' obligations
Redundancy occurs where an employer has made a definite decision that they no longer wish a job to be done by anyone. An employer who faces changed operational requirements (eg. a downturn in work, restructuring, cutbacks or loss of fundin...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Christmas and Work Functions Employer Beware
Download as a PDF
Christmas is celebrated in many companies with the traditional office Christmas party, however the fall out of the celebrations of these and other work functions may leave the employer scratching their head, asking themselves what went wrong.
It is important that heading in...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Hosting Work Experience Students
Duty of Care Obligations
Historically, young people in the workplace pose a greater risk than those who have been exposed to the workplace for longer periods of time.
Reasons for the increased risk include inexperience within the working environment, lack of attention to procedural details, lower...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Probationary Employment
12 April 2006
What is a probationary period?
A probationary period is a trial period undertaken at the commencement of employment to which the employer and employee agree prior to the employment commencing.
A probationary period provides an opportunity for both parties to evaluate and assess an ...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Non-Constitutional Corporation: what will happen to your federal award?
12 April 2006
The Workplace Relations Amendment (WorkChoices) Act 2005 (the Act) impacts on non-constitutional corporations that currently have employment conditions covered by a federal award.
Employers are bound by a federal award if they are named in the respondency list of that federal award....
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Managing poor performance: employers with under 100 employees
1 June 2006
Recent changes to the Federal Industrial Relations Laws, effective 27 March 2006, exempt constitutional corporations with up to and including, 100 employees from unfair dismissal laws.
Although this exclusion may simplify the procedure prior to termination, it does not allow employers ...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Constitutional Corporations: what will happen to your existing Federal Certified Agreements under WorkChoices?
26 June 2007
On 27 March 2006, the Workplace Relations Act 1996 (the Act) was amended by the WorkChoices legislation. This has an impact on current State awards for employers who are constitutional corporations.
Due to these changes constitutional corporations and their employees are no longer re...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Criminal Record Checking Requirements for People Working with Children
The Western Australian State Government has recently passed the Working with Children (Criminal Record Checking) Act 2004 which will require employees, volunteers and business operators in child-related industries to have their criminal record assessed by the Department of Community Development (DCD...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Practical guide to developing human resource policy and procedure
Most organisations have a need to establish effective human resource policies from time to time.
HR policies assist an organisation to:
set out the expected standards of behaviour in the workplace;
ensure that employees are treated in a fair and consistent manner;
provide guidance to manager...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Centre for Work Experience
Employers and those considering making work experience arrangements need to consider whether it is necessary to take out insurance to cover the proposed work experience placement.
In Western Australia there are clear legal obligations on employers, and to a lesser extent on others within the workpl...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Constitutional Corporations: what will happen to your State Awards?
What happens to my existing federal Certified Agreement under WorkChoices?
A federal agreement that was lodged in the Australian Industrial Relations Commission (AIRC) prior to 27 March 2006 would continue to apply as a Pre-reform Certified Agreement.
All negotiated terms in the agreement will rem...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Australian Fair Pay and Conditions Standard
What is the Australian Fair Pay and Conditions Standard?
The Australian Fair Pay and Conditions Standard (the Standard) is part of the changes to the Workplace Relations Act 1996 that occurred with the introduction of WorkChoices. The Standard provides a number of key minimum entitlements for all e...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
How WorkChoices affects your commission only employees
14 November 2006
Guarantee of Basic Rates of Pay - The Federal Minimum Wage
Employers that are constitutional corporations (ie. incorporated businesses that are wholly or substantially engaged in trading, financial or foreign activities), and who engage employees on a commission only basis, may b...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
WorkChoices – The New Workplace Relations System
The Federal Government's Workplace Relations Reform legislation to establish a new Australian workplace relations system called "WorkChoices" commenced operation on 27 March 2006.
The WorkChoices law applies to the vast majority of employers in the country.
WorkChoices covers up to 85 per cent of ...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Dispute resolution under the Workplace Relations Act
12 April 2006
A Model Dispute Resolution Process (MDRP) has been introduced into the Workplace Relations Act (Cth) (The Act). The Act has been changed to:
encourage employers and employees to resolve disputes in the workplace, and;
introduce greater flexibility in resolving disputes by allowi...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Smoking in Enclosed Places
1 June 2006
Workplace Smoking Legislation
Did you know that the Occupational Safety and Health Regulations 1996 and the Tobacco Products Control Regulations 2006 outline the obligations of employers and those who control or manage enclosed spaces towards smokers? Failure to comply with the r...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Alcohol and other drugs at the workplace
14 November 2006
The problems associated with alcohol and other drug use has long been recognised as a community concern.
Now more than ever, employers are recognising the huge impact alcohol and other drug use can have on their business. Workplace accidents, loss of productivity and absente...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Mobile Phones - Issues for the workplace
9 September 2003
Mobile phones
Mobile telephones have become an integral part of modern telecommunications allowing users to maintain communication without hampering freedom of movement while working.
Many organisations value mobile phones as an essential work tool.
Mobiles allow for indirect su...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Privacy Laws - what are your obligations?
12 October 2005
The Privacy Amendment (Private Sector) Act 2000, which amends the Commonwealth Privacy Act 1988, establishes a co-regulatory scheme to protect personal information held by private sector organisations.
The Act provides legislative benchmarks, called the National Privacy Principles,...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Buying or selling a business - will your employment contracts be affected?
26 June 2007
When selling a business, employers need to be aware of the impact this has on their employee’s employment contracts.
The sale of the business effectively results in the termination of any employment contracts.
The employer is required to legally terminate the contract of employment o...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Parental leave - employers obligations
1 April 2007
Who is entitled to parental leave?
In general, full-time and part-time employees are entitled to 52 consecutive weeks of unpaid parental leave in relation to the date of birth or placement of a child by adoption, if they have completed 12 months continuous service with their employer....
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Avoiding unfair dismissals
28 July 2006
Employees who believe they have been unfairly dismissed can challenge their employer's decision by making an unfair dismissal claim in either the Australian Industrial Relations Commission (AIRC) or Western Australian Industrial Relations Commission (WAIRC).Claims fall into two categor...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Public Holidays 2007 - 2009
26 July 2007
Public Holidays - 2007 to 2009
New Years Day
Monday 1 January
Australia Day
Friday 26 January
Labour Day
Monday 5 March
Good Friday
Friday 6 April
Easter Monday
Monday 9 April
Anzac Day
Wednesday 25 April
Foundation Day
Monday 4 June
Sovere...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Leave for legal and military service
15 February 2006
Employers’ Obligations
An employer must release an employee to attend jury duty and to appear as a witness if summoned. If an employer prevents an employee from attending or threatens to dismiss an employee who attends the courts, the employer may be held in contempt of co...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Australian Workplace Agreements and other options
14 November 2006
Please note that this information was correct as at 30 June 2003. This information sheet should be used only as a guide to the Labour Relations Reform Act 2002.
Organisations should be aware that as at 27 March 2006 the WorkChoices amendments to the Workplace Relations A...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Equal Opportunity for Women in the Workplace
8 December 2000The Equal Employment Opportunity for Women in the Workplace Act 1999 requires employers with 100 or more employees to implement an Equal Opportunity for Women in the Workplace program and submit a report to the Equal Opportunity for Women in the Workplace Agency every year (unless a w...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Workplace Agreements
18 January 2007
Why make an agreement?
The Workplace Relations Act 1996 (The Act) provides a range of options for employers and employees to tailor employment agreements to meet their needs. Such agreements override awards and can lead to improved productivity and efficiency by introducing innovat...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Union right of entry and inspection of records
Federal Jurisdiction
14 November 2006
Right of Entry
The provisions of the Workplace Relations Act 1996, (as amended by the “WorkChoices” legislation) rather than the provisions of any federal award or State law (except for Occupational Health and Safety matters) regulate the right of entry of ...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Workplace Bullying
14 November 2006
In maintaining a working environment where employees are not exposed to hazards, employers should take reasonable steps to reduce the risk of employee exposure to workplace bullying.
Workplace bullying can be defined as repeated, unreasonable or inappropriate behaviour directed t...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
How is an employment contract created?
14 November 2006
A contract of employment is the legal relationship created whenever one person agrees to perform work under the direction of another for a reward.
Once an employment contract is formed, legal rights and obligations are imposed on the parties in the employment relationship.
This...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Are your casual employee's part-time?
14 November 2006
The distinction between part-time and casual employment is easily blurred.
It is important that employers understand this distinction because entitlements for casual employees and part-time employees are usually quite different.
Many employers engage employees on a ...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Sick Leave - where do I find my employee's entitlements?
18 January 2007
Sick leave entitlements arise from various sources. In each case it is important to determine where the sick leave entitlement lies and where entitlements overlap.
This is necessary to ensure compliance with minimum legal obligations.
The following are common sources of sick leav...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Superannuation Guarantee
14 November 2006
Since 1 July 1992, the Superannuation Guarantee legislation has required that employers pay superannuation contributions on behalf of all employees, except those who are legally exempt.
Exempt employees
Contributions are not required for certain employees including:
employees...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Long Service Leave
15 August 2007
Long Service Leave - how does it work?
Long service leave is leave granted with pay to employees after they complete a defined period of employment or service with their employer.
The Western Australian Government's recently proclaimed Labour Relations Legislation Amendm...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
State Minimum Conditions of Employment
1 June 2007
Who do they cover?
The Minimum Conditions of Employment Act (the Act) applies to all employees of non-constitutional corporations who are covered by a state award, industrial agreement or EEA. They also apply to 'award-free' employees in non-constitutional corporations which includes ...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Equal Opportunity and Sexual Harassment in the Workplace
14 November 2006
Equal opportunity
Equal opportunity is aimed at preventing and eliminating discrimination throughout the entire employment cycle.
Discrimination occurs where a person distinguishes between individuals or groups so as to disadvantage some and advantage others. It can be both...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Workers' Compensation
11 July 2007
Workers' Compensation
Employers must have a workers' compensation insurance policy for their workforce.
Not having one may result in prosecution by WorkCover WA with fines of up to $5,000 per employee and your company could be liable for the cost of the claim, should any of your w...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Stress in the Workplace
9 September 2003What is stress?Stress is a normal, involuntary response to any demand made upon the body.Not all stress is negative or bad.Generally, there are two types of stress. Good or desirable stress (eustress) and bad or undesirable stress (distress).Eustress is pleasant or at least cha...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Heat stress in the work environment
11 July 2006
Climate and type of work are the major characteristics that impact on heat stress in the work environment. Given the diversity and vastness of Western Australia, the risk differs significantly depending on the location of the workforce and the type of work being performed.
What i...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Chemical, biological and radiological (CBR) incidents
9 September 2003SourcesAttorney General’s DepartmentACT Chief Medical OfficerDepartment of Health, Western AustraliaThe threat of deliberate use of chemical, biological and radiological material in Australia is considered low. However, their effects are potentially life threatening.The following inf...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Infectious diseases at the workplace
11 July 2006
Infectious diseases
Employers should take reasonable steps to reduce the risk of any possible spread of infection with respect to infectious diseases.
It is important for employers in high risk industries to have written procedures in place that describe methods for controlling a...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Pre-employment health assessments
14 November 2006
Pre-employment and Pre-placement Guidelines
During the recruitment and selection process it may be advisable to organise pre-employment health assessments for potential employees depending on the position.
A pre-placement health assessment, for work purposes, helps determine whet...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Fatique management for commercial vehicle drivers
09 August 2007
Fatigue management for commercial vehicle drivers
What is fatigue?
Fatigue is a general term used to describe drowsiness, sleepiness and tiredness. This loss of alertness is accompanied by poor judgement, slower reactions to events and decreased skill. It affects the efficien...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Subcontractor or Employee?
26 November 2001The distinction between subcontractors and employees is important in any working relationship.Once a contract is created, it is necessary to determine whether that contract is one of service or one for services.TestsTo determine the nature of the working relationship, the whole relat...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|
Recruitment, Selection and Induction - increasing productivity
14 November 2006
Replacing an employee may cost between 50 and 150 per cent of that employee’s annual salary.
By having a well-structured recruitment process you will decrease these costs, as a carefully selected employee is more likely to stay, reducing the prospect of repeating the costly recru...
Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
|
|