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7/27/2019 Understanding Your Rights and Responsibilities as an Employer
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Understanding your Rights
and Responsibilities as anEmployer
Date:
Presented by:
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FAIR WORK LEGISLATIONFair Work Act 2009 + Regulations
(includes National Employment Standards)
INDUSTRIAL INSTRUMENTModern Award or Enterprise Agreement
INDIVIDUAL ARRANGEMENTS
Individual Flexibility Arrangementor Contract of Employment
Sources of Obligations
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The National Employment
Standards1
Maximum WeeklyHours
2
Right to RequestFlexible Working
Arrangements
3
Parental Leave
4
Annual Leave
5
Personal/Carers& Compassionate
Leave
6
CommunityService Leave
7
Long ServiceLeave
8
Public Holidays
9
Notice ofTermination andRedundancy Pay
10
Fair WorkInformationStatement
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Workshop Challenge: Leave
Cath is a full time employee.
She has worked for you for 6months. She has not taken a
day off in that time.
Cath calls before her shift totell you her son is ill and shecannot 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.
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Workshop Challenge: Leave
ANSWER
What sort of paid leave can Cath access?
a) annual leave
b) personal/carers leavec) none - she hasnt worked her 12 months.
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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)
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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
cannotundercut minimum entitlements.
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Wages
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Wages
Pay rates are set by the applicable modern award or
enterprise agreement
Changes to pay rates generally take effect on 1 Julyeach year.
Modern award wages are transitioning from the pre-
modern award to the modern award
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Pay slips & record-keeping
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Record-keeping
You need to keep employee records for each employeerelating 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 employeesand Fair Work Inspectors and kept for 7 years.
Record-keeping templates can be downloaded for freefrom the Fair Work Ombudsman website.
http://www.fairwork.gov.au/resources/templates/pages/pay-slips-and-record-keeping.aspxhttp://www.fairwork.gov.au/resources/templates/pages/pay-slips-and-record-keeping.aspxhttp://www.fairwork.gov.au/resources/templates/pages/pay-slips-and-record-keeping.aspxhttp://www.fairwork.gov.au/resources/templates/pages/pay-slips-and-record-keeping.aspx7/27/2019 Understanding Your Rights and Responsibilities as an Employer
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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
Pay slip templates can be downloaded for free from the
Fair Work Ombudsman website
http://www.fairwork.gov.au/resources/fact-sheets/employer-obligations/Pages/employee-records-and-pay-slips-fact-sheet.aspxhttp://www.fairwork.gov.au/resources/templates/pages/pay-slips-and-record-keeping.aspxhttp://www.fairwork.gov.au/resources/templates/pages/pay-slips-and-record-keeping.aspxhttp://www.fairwork.gov.au/resources/fact-sheets/employer-obligations/Pages/employee-records-and-pay-slips-fact-sheet.aspx7/27/2019 Understanding Your Rights and Responsibilities as an Employer
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Workshop Exercise: PayslipsDoes 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
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Engaging, Managing
& Terminating Staff
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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 Statement
an engagement letterconfirming their conditions of
employment (optional)
http://www.fairwork.gov.au/employment/fair-work-information-statement/Pages/default.aspxhttp://www.fairwork.gov.au/resources/templates/pages/employing-staff.aspxhttp://www.fairwork.gov.au/resources/templates/pages/employing-staff.aspxhttp://www.fairwork.gov.au/employment/fair-work-information-statement/Pages/default.aspx7/27/2019 Understanding Your Rights and Responsibilities as an Employer
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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 anindependent contractor is known as sham contracting
and is against the law.
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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
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It is unlawful for an employer to take adverse action in
connection with the employee having:
1. workplace rights2. freedom of association/union rights and/or
engaging in lawful industrial activity
3. protected attributes / on discriminatory grounds
Protections from Adverse Action
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Handling workplace disputes
Communicate - take time to understand and discuss the
concerns. Keep detailed notes of discussions.
Check the applicable modern award/agreement toconfirm 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 website
http://www.fairwork.gov.au/resources/best-practice-guides/pages/effective-dispute-resolution.aspxhttp://www.fairwork.gov.au/resources/best-practice-guides/pages/effective-dispute-resolution.aspxhttp://www.fairwork.gov.au/resources/best-practice-guides/pages/effective-dispute-resolution.aspxhttp://www.fairwork.gov.au/resources/best-practice-guides/pages/effective-dispute-resolution.aspxhttp://www.fairwork.gov.au/resources/best-practice-guides/pages/effective-dispute-resolution.aspxhttp://www.fairwork.gov.au/resources/best-practice-guides/pages/effective-dispute-resolution.aspxhttp://www.fairwork.gov.au/resources/best-practice-guides/pages/effective-dispute-resolution.aspx7/27/2019 Understanding Your Rights and Responsibilities as an Employer
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Managing underperformance
Address underperformance promptly and appropriately
Follow any steps set out in the award / agreement orcontractand consider applicable policies or procedures
concerning performance management
Download the Managing Underperformance BestPractice Guide from the Fair Work Ombudsman website
http://www.fairwork.gov.au/resources/best-practice-guides/pages/managing-underperformance.aspxhttp://www.fairwork.gov.au/resources/best-practice-guides/pages/managing-underperformance.aspxhttp://www.fairwork.gov.au/resources/best-practice-guides/pages/managing-underperformance.aspxhttp://www.fairwork.gov.au/resources/best-practice-guides/pages/managing-underperformance.aspx7/27/2019 Understanding Your Rights and Responsibilities as an Employer
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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
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Workshop Challenge: Notice
Anthony has been workingfor you on a full-time basis
for 5 months.
You have decided toterminate his employment
due to ongoing performanceissues.
His contract stipulates a 6
month probation periodduring which he can beterminated without notice.
How much notice do you need
to provide Anthony?
a) None
b) 1 week
c) 4 weeks
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Workshop Challenge: Notice
ANSWER
How much notice do you need to provide Anthony?
a) None
b) 1 weekc) 4 weeks
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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
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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
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Where to get help
Speak with your franchisor or employer association
Visit www.fairwork.gov.au for: Pay tools and Leave calculator
Fact Sheets and Best Practice Guides
Template Documents and Checklists
Industry Specific Web Pages
Live chat and email enquiries
Latest news and subscriptions services
Call the Fair Work Infoline 1313 94
http://www.fairwork.gov.au/http://www.fairwork.gov.au/pay/paycheckplus/pages/default.aspxhttp://www.fairwork.gov.au/leave/leave-calculator/pages/default.aspxhttp://www.fairwork.gov.au/resources/fact-sheets/pages/default.aspxhttp://www.fairwork.gov.au/resources/best-practice-guides/pages/default.aspxhttp://www.fairwork.gov.au/resources/templates/pages/default.aspxhttp://www.fairwork.gov.au/industries/pages/default.aspxhttp://www.fairwork.gov.au/contact-us/live-chat/pages/default.aspxhttp://www.fairwork.gov.au/contact-us/live-chat/pages/default.aspxhttp://www.fairwork.gov.au/industries/pages/default.aspxhttp://www.fairwork.gov.au/resources/templates/pages/default.aspxhttp://www.fairwork.gov.au/resources/best-practice-guides/pages/default.aspxhttp://www.fairwork.gov.au/resources/fact-sheets/pages/default.aspxhttp://www.fairwork.gov.au/leave/leave-calculator/pages/default.aspxhttp://www.fairwork.gov.au/pay/paycheckplus/pages/default.aspxhttp://www.fairwork.gov.au/