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Department of Commerce Kate Darcy Education Officer Education and Advisory Services Labour Relations

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Presentation on theme: "Department of Commerce Kate Darcy Education Officer Education and Advisory Services Labour Relations"— Presentation transcript:

1 Department of Commerce Kate Darcy Education Officer Education and Advisory Services Labour Relations

2 Topics to be covered Labour Relations in WA Awards and Agreements Types of working arrangements Employer obligations Termination and Dismissal

3 What system are you in? State System Soul Trader Partnership 1300 655 266 13 13 94 National System Constitutional Corporation PTY LTD

4 Awards and Agreements Legal documents that are set by government bodies (WAIRC, FWA) Policed and enforced by government departments (e.g. Commerce, Fairwork) Awards for different occupations ie: Hairdressers, Security, etc Agreements are for that business alone ie: McDonalds, Coles etc

5 What they contain Type of employment (F/T, P/T, or casual) Pay rates and penalty rates – overtime Allowances – meal, tool, location Public Holidays Leave – annual, sick, carer’s, etc Uniforms Note: You DO NOT have to sign anything to be covered.

6 Minimum Conditions Rates of pay Weekly hours Leave entitlements (annual, sick, carer’s, parental, bereavement) Every hour worked is paid No unauthorised deductions from pay

7 Working Arrangements Permanent: Full Time, Part time –Regular hours, same roster –Ongoing work –Paid leave Casual –Irregular hours, roster varies –Only work when needed, can refuse work –No paid leave –Higher hourly rate SMTWTFS 10- 4 9-5 10- 4 9-5 SMTWTFS 12- 3 10- 2 11-910- 1 9- 12 10- 2

8 Leave Entitlements Permanent staff 4 weeks paid holidays (17.5% loading) 10 days paid sick/carers leave 10 public holidays All staff 2 days paid bereavement leave per occasion Parental leave Long service leave

9 Working Arrangements What are the characteristics of permanent and casual staff?

10 Trial Work Before engaging on any trial work, always ask these three questions: 1) What job will I be doing? 2) Will I get paid for it? 3) How long will the trial go for? Try get in writing

11 Employees - Have tax file number (TFN) - Employer controls what, when and how they work - Paid by the hour Sub-contractors - Have an Australian business number (ABN) - They are their own business, so they control what, when and how they work - Paid by result Sham Contracting - Employee in nature but the employer pays under an ABN - Is illegal Working Arrangements

12 Employers Obligations A Safe Workplace Equal Opportunity Workers’ Compensation Long Service Leave Superannuation Taxation

13 Employee obligations As an employee you have the following obligations to your employer To follow lawful commands Duty to account for monies received Confidentiality, duty and care

14 Termination Unlawful dismissal Gender, race, colour, age etc Unfair Dismissal – no valid or fair reason Capacity to do the job Conduct or Behaviour Operational requirements of the business - redundancy Procedural fairness Step 1. Notify employee of the problem Step 2. Outline the changes that must occur Step 3. Give them an opportunity to respond with a time frame

15 Termination What is a fair reason to be fired?

16 Disputes! what to do  Collect all the correct information  Follow the dispute settlement procedure  Keep ALL records – payslips, correspondence etc  6 year statute of limitations

17 1300 655 266

18 A word of advice This presentation has been provided as a general overview only. Specific professional advice should be sought in each case before acting or not acting on the information contained in this presentation.

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