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Understanding your Rights and Responsibilities as an Employer Date: Presented by:

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Presentation on theme: "Understanding your Rights and Responsibilities as an Employer Date: Presented by:"— Presentation transcript:

1 Understanding your Rights and Responsibilities as an Employer Date: Presented by:

2 FAIR WORK LEGISLATION Fair Work Act Regulations (includes National Employment Standards) INDUSTRIAL INSTRUMENT Modern Award or Enterprise Agreement INDIVIDUAL ARRANGEMENTS Individual Flexibility Arrangement or Contract of Employment Sources of Obligations

3 The National Employment Standards 1 Maximum Weekly Hours 2 Right to Request Flexible Working Arrangements 3 Parental Leave 4 Annual Leave 5 Personal/Carers & Compassionate Leave 6 Community Service Leave 7 Long Service Leave 8 Public Holidays 9 Notice of Termination and Redundancy Pay 10 Fair Work Information Statement

4 Workshop Challenge: Leave Cath is a full time employee. She has worked for you for 6 months. She has not taken a day off in that time. Cath calls before her shift to tell you her son is ill and she cannot come in. What sort of paid leave can Cath access? a) annual leave b) personal/carers leave c) none - she hasnt worked her 12 months.

5 Workshop Challenge: Leave ANSWER What sort of paid leave can Cath access? a) annual leave b) personal/carers leave c) none - she hasnt worked her 12 months.

6 Industrial instruments Modern Awards –cover most workplaces –industry and/or occupation-based –contain minimum entitlements Enterprise Agreements –apply to specified workplaces –negotiated with employees –must be approved by Fair Work Australia –override modern award (except base rate of pay)

7 Other arrangements Individual Flexibility Arrangements –can vary certain award / agreement terms –must be genuinely agreed between employer and employee –employee must be better off overall Employment Contracts –can provide equivalent or more generous conditions than NES and award / agreement –cannot undercut minimum entitlements.

8 Wages

9 Pay rates are set by the applicable modern award or enterprise agreement Changes to pay rates generally take effect on 1 July each year. Modern award wages are transitioning from the pre- modern award to the modern award

10 Pay slips & record-keeping

11 Record-keeping You need to keep employee records for each employee relating to: –Their employment –Pay –Overtime –Hours of work –Leave –Superannuation contributions –Termination of employment –Other matters (IFAs and guarantees of annual earnings) Records must be in English, accessible to employees and Fair Work Inspectors and kept for 7 years. Record-keeping templates can be downloaded for free from the Fair Work Ombudsman website.Record-keeping templates

12 Pay slips Pay slips need to be issued within 1 working day of payment Pay slips can be issued electronically or in hard copy Pay slips must contain certain information – see the Employee records and pay slips fact sheet for details Employee records and pay slips fact sheet Pay slip templates can be downloaded for free from the Fair Work Ombudsman websitePay slip templates

13 Workshop Exercise: Payslips Does your payslip contain all of the following details? Employer ABN For employees paid an hourly rate – the ordinary hourly rate of pay the number of hours worked at that rate the amount of payment at that rate Employer name Employee name Date of payment (e.g. 19/06/09) Period of payment (e.g. 04/06/09 – 18/06/09) Gross amount of pay For employees paid an annual salary the salary as at the last day in the period Net amount of pay Any bonus, loading, allowance, penalty rate, incentive-based payment or other separately identifiable entitlements Details of any deductions made Superannuation amounts paid or liable to be paid and the name of the fund

14 Engaging, Managing & Terminating Staff

15 Hiring Employees Confirm: –the award/agreement that applies –the type of employment (full-time, part-time or casual) –any conditions re: type of employment/proposed hours –the employees classification (e.g. Level 1) –the correct rate of pay, loadings and allowances Provide new employees with: –the Fair Work Information StatementFair Work Information Statement –an engagement letter confirming their conditions of employment (optional)engagement letter

16 Engaging Contractors Independent contractors are people who are self- employed and contract their services to clients. Independent contractors are not employees and have different rights and obligations. Misrepresenting or disguising an employee as an independent contractor is known as sham contracting and is against the law.

17 Adverse Action Adverse action is includes taking, threatening to take or organising to take actions that: –dismiss the employee –injure the employee in his or her employment –alter the position of the employee to the employee's prejudice –discriminate between the employee and other employees Different forms of adverse action apply to prospective employees and independent contractors

18 It is unlawful for an employer to take adverse action in connection with the employee having: 1.workplace rights 2. freedom of association/union rights and/or engaging in lawful industrial activity 3. protected attributes / on discriminatory grounds Protections from Adverse Action

19 Handling workplace disputes Communicate - take time to understand and discuss the concerns. Keep detailed notes of discussions. Check the applicable modern award/agreement to confirm the process for handling disputes. If unresolved, refer to an independent third party or Fair Work Australia. Download the Effective dispute resolution - Best Practice Guide from the Fair Work Ombudsman websiteEffective dispute resolution - Best Practice Guide

20 Managing underperformance Address underperformance promptly and appropriately Follow any steps set out in the award / agreement or contract and consider applicable policies or procedures concerning performance management Download the Managing Underperformance Best Practice Guide from the Fair Work Ombudsman websiteManaging Underperformance Best Practice Guide

21 Terminating employment Provide written notice of termination of employment Ensure the dismissal is fair Ensure the dismissal is lawful Check if redundancy entitlements apply Keep records Pay outstanding entitlements

22 Workshop Challenge: Notice Anthony has been working for you on a full-time basis for 5 months. You have decided to terminate his employment due to ongoing performance issues. His contract stipulates a 6 month probation period during which he can be terminated without notice. How much notice do you need to provide Anthony? a) None b) 1 week c) 4 weeks

23 Workshop Challenge: Notice ANSWER How much notice do you need to provide Anthony? a) None b) 1 week c) 4 weeks

24 Things to avoid… Not paying penalties, allowances or overtime Not paying for work trials, meetings or training Offering goods or services instead of pay Failing to provide pay slips Unlawful discrimination Sham contracting Sham apprenticeships or trainee arrangements

25 What to do if the FWO contacts you -Speak with your franchisor and seek advice if you need it -Cooperate with the Fair Work Inspector – produce requested documents and records; ask questions if you dont understand -Seek to promptly resolve the complaint or any issues raised in an audit

26 Where to get help Speak with your franchisor or employer association Visit Pay tools and Leave calculatorPay tools Leave calculator Fact Sheets and Best Practice GuidesFact SheetsBest Practice Guides Template Documents and Checklists Industry Specific Web Pages Live chat and enquiriesLive chat Latest news and subscriptions services Call the Fair Work Infoline –

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