1. Art Centre Conference 2015
Creating Amazing Change 1
Fair Work Legislation
• Awards
• NES
• Engagement
• Managing employees
• Communication
Dr Douglas Gillanders D.A.
3. Awards
• Awards provide pay rates and conditions of employment such as leave
entitlements, overtime and shift work, amongst other workplace related
conditions.
• Modern awards relate to specific industries or occupations. There are
currently 122 modern awards.
• These awards, with the National Employment Standards, provide a
minimum safety net of terms and conditions of employment for all
national system employees.
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6. 6
Which Award?
Amusement, Events and Recreation Award 2010 – MA000080
Clause 4.2 (a) (iv) heritage, tourism and cultural centres;
(v) museums and galleries;
Miscellaneous Award 2010 – MA000104
Clause 4.1 …this award covers employers throughout Australia and their
employees … who are not covered by any other modern award.
Clause 4.2 The award does not cover … managerial employees and
professional employees such as accountants and finance, marketing, legal,
human resources, public relations and information technology specialists.
7. > NES <
National Employment Standards
1. Maximum weekly hours
2. Employee requests for flexible working arrangements
3. Parental leave and related entitlements
4. Annual leave
5. Personal sick, carers leave and 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
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8. Engaging employees
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Common Law Contracts
A common law contract is an agreement that exists between
the employee and the employer that is not registered with Fair
Work Australia. The terms and conditions found in common law
contracts are legally binding on the parties to the agreement
and must provide terms and conditions equal or above what
might otherwise be contained in an award.
Common law contracts suit:
• executives and managers in award-free sectors;
• employers with very few employees;
• sole traders, partnerships and state public services; and
• employers requiring various customised arrangements or
employees for special projects.
12. Managing Employees
Performance issues
• Fair and equitable process – identify expectations
and the ramifications of under performance
Disciplinary process
• Letters, notes, witness/support – do follow up
Termination
• Letter, witness/support
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14. Tough Conversations
• What is the Psychological contract
• Level of engagement –> disengagement (25% - 55% - 20%)
– Disengaged are actively undermining the business
Top Reasons for leaving a job
• Not appreciated
• Only feedback when something wrong or late
• Do not understand their role in the organisation
• Poor relationship with up line / supervisor / manager
• More money is well down the list
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