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Fair Work Australia Workshop

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Slides from Workshops held in South Australia

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Fair Work Australia Workshop

  1. 1. Implications of <br />Fair Work Australia <br />for managing your staff performance<br />janene@skillsmart.net.au<br />0488 428 824<br />
  2. 2. Enterprise Connect<br />Free to eligible Companies<br />Review the Company’s strengths & weaknesses<br />Identify opportunities for improvement<br />Provide up to $20,000 ($ for $)<br />Contact:<br />Michael Fetherstonhaugh<br />Business Adviser – 0488 975 399<br />
  3. 3. Investigation of people management in small business<br />Fair Work Australia and its impact on your business<br />Making it work for you<br />Overview of Workshop<br />
  4. 4. What is your tip ? <br />Introduce yourself and describe why you chose the word you wrote. <br />Managing people <br />
  5. 5. Part 1<br />Managing the Performance of staff <br />Businesses with performance management systems in place outperform other similar businesses<br />People management contributes directly to the bottom line<br />http://www.innovation.gov.au/General/Corporate/Documents/ManagementMattersinAustraliaReport.pdf<br />
  6. 6. Who has a Performance Management system in place? Business measure the financial bottom line but rarely find out about their staff or measure their outcomes. <br />
  7. 7. Types of Employees<br />Full Performance Not yet full performance Growth potential<br />Inappropriate performance<br />
  8. 8. How do you get performance improvement from your most important asset - your people? <br />Communication – is it absolutely clear what you are asking?<br />Education – do the people have the required skills and competencies?<br />Measurement – are there clear goals and evidence of progress towards them?<br />Reward –how will success be recognised?<br />
  9. 9. Designed to assist business develop better management practices<br />Lift productivity of business by encouraging systems and documentation within the business<br />Fair Work Australia <br />
  10. 10. Part 2<br />What every employer needs to know<br />about the Fair Work system<br />Websites<br />The Fair Work Act<br />Who is covered by the national workplace relations system<br />Who to contact for assistance<br /> Workplace inspections<br />
  11. 11. Part 2Websites<br />http://www.fairwork.gov.au/http://www.fairworkforsmallbusiness.gov.auhttp://www.fwa.gov.au<br />
  12. 12. Fair Work Australia – one stop for workplace issues<br />10 National Employment Standards<br />New modern awards<br />Bargaining at the enterprise level<br />Rules on industrial action<br />Right of entry to enter workplace on behalf of unions<br />The Fair Work Act 2009 – an overview<br />
  13. 13. Who is covered by the Fair Work system? <br />Different state and federal workplace relations systems operating in Australia<br />Employees covered include those:<br />employed by sole traders, partnerships, other unincorporated entities and non-trading corporations<br />employed by a companies <br />employed by a Commonwealth authority <br />waterside employee, maritime employee or flight crew officer (for interstate or overseas trade).<br />
  14. 14. South Australia<br />All private sector employers in the South Australian state system will be covered by the national workplace relations system from 1 January 2010.<br />State public sector and local government not covered, will remain under the South Australian State system.<br />Modern Awards commence 1 Jan 2010<br />Pay rates change from 1 July 2010<br />What happens in SA<br />
  15. 15. Tribunals<br />Fair Work Ombudsman<br />Fair Work inspectors – powers include:<br /> Entry to premises to monitor compliance<br />Businesses will be required to have a: <br /><ul><li> Copy of the 10 National Employment </li></ul> Standards<br /><ul><li>Copy of relevant modern awards in their </li></ul>workplace <br />Fair Work Australia institutions<br />
  16. 16. Who can help you in regional SA?Angela Hill SafeWork SA, Whyalla SAPhone: (08) 86488733 Chris Kearns Senior Inspector - Industrial RelationsSafeWork SA, Port Lincoln 5606Phone: (08) 8688 3456Mobile: 0427 602 185 Kerry Williams SafeWork SA, Port Pirie SAPhone: (08) 8638 4781 <br />
  17. 17. Fair Work inspector may need to inspect your workplace<br /> in response to a complaint <br />or as part of an audit campaign to ensure compliance<br />About Fair Work Inspectors<br />employed by Office of the Fair Work Ombudsman <br />Or employed by a State or Territory government.<br />Workplace inspections<br />
  18. 18. 10 National Employment Standards<br />Entitlements under NES<br />Maximum weekly hours of work <br />Requests for flexible working arrangements<br />Parental leave and related entitlements<br />Annual leave<br />Personal / carer’s leave and compassionate leave<br />Community service leave<br />Long service leave<br />Public holidays<br />Notice of termination and redundancy pay<br />Provision of a Fair Work Information Statement<br />Conditions of Employment<br />
  19. 19. Full –time – 38 hrs a week, continuing employment, benefits incl paid sick leave, annual leave, holiday pay, long service leave, carers and other types of leave<br />Part-time – regular hours but less than 38 hrs per week. Same basic entitlements as full-timers<br />Casual – employed on an hourly or daily basis. No paid sick leave or annual leave. <br />Apprentices and trainees<br />Independent contractors<br />Outworkers<br />Types of employment<br />
  20. 20. Pay rates and minimum wages<br /><ul><li>Pay rates for many employees change on 1 July 2010 for workers earning less than $108,300
  21. 21. Changes vary by state, industry and employer
  22. 22. Number of awards – need to look for Modern Award
  23. 23. A national minimum wage for workers not covered by an Award or Enterprise Agreement
  24. 24. Transitional arrangements in most modern awards but there is time to adjust up to 2014.
  25. 25. The Award specifies the minimum wage for all employees</li></li></ul><li>Modern Awards<br />
  26. 26. How to guide – <br />http://www.fairwork.gov.au/Pay-leave-and-conditions/Finding-the-right-pay/How-to-guide/Pages/Page-0.aspx?role=employers<br />Section A– Find your modern award and pre-modern award <br />Section B– Calculate your base rate of pay <br />Section C - Calculate your loadings or penalty rates <br />Fair Work Infoline on 13 13 94 for assistance <br />Finding the right pay<br />
  27. 27. Employers must generally give all permanent full-time employees at least:<br />4 weeks paid annual leave (5 weeks for shift workers)<br />10 days paid personal/carer’s leave per year <br />2 days unpaid carer’s leave (when needed)<br />2 days paid compassionate leave (when needed)<br />12 months unpaid parental leave.<br />Leave and public holidays<br />
  28. 28. Fair Work Information Statement<br />http://www.fairwork.gov.au/Pay-leave-and-conditions/Conditions-of-employment/Pages/Fair-Work-Information-Statement.aspx?role=employees<br />Whatever method is used to give the Statement to an employee, it is recommended that the employer retain details of how the Statement was given.<br />New employees<br />
  29. 29. Dismissal system for small business<br />Small Business Fair Dismissal Code<br />http://www.fairwork.gov.au/Termination-of-employment/Pages/Small-Business-Fair-Dismissal-code.aspx?role=employees<br />Checklist on website<br />Applies to small business with less than 15 full-time equivalent employees<br />Employee may only make a claim if employed 12 months or more<br />http://www.deewr.gov.au/WorkplaceRelations/newworkplacerelationslaws/Documents/UDEmployees.pdf<br />Termination of employment <br />
  30. 30. Redundancy under the NES happens when an employer either:<br />decides they no longer want an employee’s job to be done by anyone and terminates their employment (except in cases of ordinary and customary turnover of labour)<br />becomes insolvent or bankrupt.<br />Notice Periods apply:<br />1 year – 1 week, More than 1 year – 2 weeks, More than 3 years – 3 weeks, More than 5 years – 4 weeks<br />If the person is over 45 years of age notice period increases by 1 week if completed more than 2 years of service<br />Notice periods do not apply to casual staff<br />Redundancy <br />
  31. 31. Time & wages records<br />Employers must keep a number of written records of their employees for 7 years. <br />This includes records about time and wages.<br />Must be legible and in English, and be readily accessible to an inspector. <br />Must include name of employer and name of employee<br />ABN of employer<br />Date employee started employment<br />Type of employment <br />Employee’s pay rates, loading for overtime hours<br />A copy of the written agreement for average hours worked<br />Any flexibility arrangements and a copy of that agreement<br /> Keep a file for each employee<br />Record keeping <br />
  32. 32. Payslip templates available on the website - http://www.fairwork.gov.au/small-business-assistance/Pages/Templates-for-managing-employment.aspx?role=employers#managing<br />Payslips – information to be included on the payslip<br />Name of employer<br />Employer’s ABN<br />Employee’s name<br />Date of payment <br />Pay period<br />Gross and net amount of pay<br />Loadings, allowances, bonuses, incentive payments<br />Employee hourly rate<br />Employee annual salary<br />Any deductions – including amount of each deduction including superannuation, name of the fund and account number<br />Payslips<br />
  33. 33. Name of employer and name of employee<br />ABN of employer<br />Date started employment<br />Type of employment<br />Employee’s pay rate – gross and net, deductions, loadings, bonuses etc<br />A copy of written agreements<br />A copy of any flexibility arrangements<br />Leave information<br />Superannuation information<br />A good idea to keep a record of any discussions in regard to termination of employment, disputes or unfair dismissal claims<br />Employee files<br />
  34. 34. Agreements - Workplace bargaining<br />Agreements - Agreements set out the conditions of employment between:<br />an employee or group of employees<br />their employer.<br />Enterprise Agreements<br />
  35. 35. Must be approved by Fair Work Australia before they commence operation: <br />To approve an enterprise agreement, Fair Work Australia must be satisfied that:<br />the agreement has been made with the genuine agreement of those involved<br />the agreement passes the better off overall test and does not include any unlawful terms or designated outworker terms<br />the group of employees covered by the agreement was fairly chosen<br />the agreement specifies a date as its nominal expiry date (not more than four years after the date of FWA approval)<br />the agreement provides a dispute settlement procedure<br />the agreement includes a flexibility clause and a consultation clause.<br />Approval and content of enterprise agreements<br />
  36. 36. Employers must let a union official enter their workplace if the official has a valid permit and has given the required notice, and the official: <br />is investigating an alleged breach of federal workplace relations laws for a union-member employee or textile, clothing or footwear (TCF) outworker, or<br />is holding discussions with employees who are entitled to be represented by the union and who want to participate in discussions.<br />Union right of entry<br />
  37. 37. Industrial action<br />Protected and unprotected action<br />Rules for industrial action<br />
  38. 38. Best Practice Guides<br />Work & family<br />Consultation & cooperation in the workplace<br />Use of individual flexibility arrangements<br />A guide for young workers<br />An employer's guide to employing young workers<br />Gender pay equity<br />Small business & the Fair Work Act<br />Workplace privacy<br />Managing underperformance<br />Effective dispute resolution<br />Improving workplace productivity in bargaining<br />http://www.fwo.gov.au/Best-Practice-Guides/Pages/default.aspx<br />
  39. 39. Thank you <br />

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