Fair Work Australia Workshop

Implications of ,[object Object],Fair Work Australia ,[object Object],for managing your staff performance,[object Object],janene@skillsmart.net.au,[object Object],0488 428 824,[object Object]

Enterprise Connect,[object Object],Free to eligible Companies,[object Object],Review the Company’s strengths & weaknesses,[object Object],Identify opportunities for improvement,[object Object],Provide up to $20,000 ($ for $),[object Object],Contact:,[object Object],Michael Fetherstonhaugh,[object Object],Business Adviser – 0488 975 399,[object Object]

Investigation of people management in small business,[object Object],Fair Work Australia and its impact on your business,[object Object],Making it work for you,[object Object],Overview of Workshop,[object Object]

What is your tip ? ,[object Object],Introduce yourself and describe why you chose the word you wrote. ,[object Object],Managing people ,[object Object]

Part 1,[object Object],Managing the Performance of staff ,[object Object],Businesses with performance management systems in place outperform other similar businesses,[object Object],People management contributes directly to the bottom line,[object Object],http://www.innovation.gov.au/General/Corporate/Documents/ManagementMattersinAustraliaReport.pdf,[object Object]

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. ,[object Object]

Types of Employees,[object Object],Full Performance Not yet full performance Growth potential,[object Object],Inappropriate performance,[object Object]

How do you get performance improvement from your most important asset - your people? ,[object Object],Communication – is it absolutely clear what you are asking?,[object Object],Education – do the people have the required skills and competencies?,[object Object],Measurement – are there clear goals and evidence of progress towards them?,[object Object],Reward –how will success be recognised?,[object Object]

Designed to assist business develop better management practices,[object Object],Lift productivity of business by encouraging systems and documentation within the business,[object Object],Fair Work Australia ,[object Object]

Part 2,[object Object],What every employer needs to know,[object Object],about the Fair Work system,[object Object],Websites,[object Object],The Fair Work Act,[object Object],Who is covered by the national workplace relations system,[object Object],Who to contact for assistance,[object Object], Workplace inspections,[object Object]

Part 2Websites,[object Object],http://www.fairwork.gov.au/http://www.fairworkforsmallbusiness.gov.auhttp://www.fwa.gov.au,[object Object]

Fair Work Australia – one stop for workplace issues,[object Object],10 National Employment Standards,[object Object],New modern awards,[object Object],Bargaining at the enterprise level,[object Object],Rules on industrial action,[object Object],Right of entry to enter workplace on behalf of unions,[object Object],The Fair Work Act 2009 – an overview,[object Object]

Who is covered by the Fair Work system? ,[object Object],Different state and federal workplace relations systems operating in Australia,[object Object],Employees covered include those:,[object Object],employed by sole traders, partnerships, other unincorporated entities and non-trading corporations,[object Object],employed by a companies ,[object Object],employed by a Commonwealth authority ,[object Object],waterside employee, maritime employee or flight crew officer (for interstate or overseas trade).,[object Object]

South Australia,[object Object],All private sector employers in the South Australian state system will be covered by the national workplace relations system from 1 January 2010.,[object Object],State public sector and local government not covered, will remain under the South Australian State system.,[object Object],Modern Awards commence 1 Jan 2010,[object Object],Pay rates change from 1 July 2010,[object Object],What happens in SA,[object Object]

Tribunals,[object Object],Fair Work Ombudsman,[object Object],Fair Work inspectors – powers include:,[object Object], Entry to premises to monitor compliance,[object Object],Businesses will be required to have a: ,[object Object],[object Object], Standards,[object Object],[object Object],workplace ,[object Object],Fair Work Australia institutions,[object Object]

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 ,[object Object]

Fair Work inspector may need to inspect your workplace,[object Object], in response to a complaint ,[object Object],or as part of an audit campaign to ensure compliance,[object Object],About Fair Work Inspectors,[object Object],employed by Office of the Fair Work Ombudsman ,[object Object],Or employed by a State or Territory government.,[object Object],Workplace inspections,[object Object]

10 National Employment Standards,[object Object],Entitlements under NES,[object Object],Maximum weekly hours of work ,[object Object],Requests for flexible working arrangements,[object Object],Parental leave and related entitlements,[object Object],Annual leave,[object Object],Personal / carer’s leave and compassionate leave,[object Object],Community service leave,[object Object],Long service leave,[object Object],Public holidays,[object Object],Notice of termination and redundancy pay,[object Object],Provision of a Fair Work Information Statement,[object Object],Conditions of Employment,[object Object]

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,[object Object],Part-time – regular hours but less than 38 hrs per week. Same basic entitlements as full-timers,[object Object],Casual – employed on an hourly or daily basis. No paid sick leave or annual leave. ,[object Object],Apprentices and trainees,[object Object],Independent contractors,[object Object],Outworkers,[object Object],Types of employment,[object Object]

Pay rates and minimum wages,[object Object],[object Object]

Changes vary by state, industry and employer

Number of awards – need to look for Modern Award

A national minimum wage for workers not covered by an Award or Enterprise Agreement

Transitional arrangements in most modern awards but there is time to adjust up to 2014.

The Award specifies the minimum wage for all employees,[object Object]

How to guide – ,[object Object],http://www.fairwork.gov.au/Pay-leave-and-conditions/Finding-the-right-pay/How-to-guide/Pages/Page-0.aspx?role=employers,[object Object],Section A– Find your modern award and pre-modern award ,[object Object],Section B– Calculate your base rate of pay ,[object Object],Section C - Calculate your loadings or penalty rates ,[object Object],Fair Work Infoline on 13 13 94 for assistance ,[object Object],Finding the right pay,[object Object]

Employers must generally give all permanent full-time employees at least:,[object Object],4 weeks paid annual leave (5 weeks for shift workers),[object Object],10 days paid personal/carer’s leave per year ,[object Object],2 days unpaid carer’s leave (when needed),[object Object],2 days paid compassionate leave (when needed),[object Object],12 months unpaid parental leave.,[object Object],Leave and public holidays,[object Object]

Fair Work Information Statement,[object Object],http://www.fairwork.gov.au/Pay-leave-and-conditions/Conditions-of-employment/Pages/Fair-Work-Information-Statement.aspx?role=employees,[object Object],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.,[object Object],New employees,[object Object]

Dismissal system for small business,[object Object],Small Business Fair Dismissal Code,[object Object],http://www.fairwork.gov.au/Termination-of-employment/Pages/Small-Business-Fair-Dismissal-code.aspx?role=employees,[object Object],Checklist on website,[object Object],Applies to small business with less than 15 full-time equivalent employees,[object Object],Employee may only make a claim if employed 12 months or more,[object Object],http://www.deewr.gov.au/WorkplaceRelations/newworkplacerelationslaws/Documents/UDEmployees.pdf,[object Object],Termination of employment ,[object Object]

Redundancy under the NES happens when an employer either:,[object Object],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),[object Object],becomes insolvent or bankrupt.,[object Object],Notice Periods apply:,[object Object],1 year – 1 week, More than 1 year – 2 weeks, More than 3 years – 3 weeks, More than 5 years – 4 weeks,[object Object],If the person is over 45 years of age notice period increases by 1 week if completed more than 2 years of service,[object Object],Notice periods do not apply to casual staff,[object Object],Redundancy ,[object Object]

Time & wages records,[object Object],Employers must keep a number of written records of their employees for 7 years. ,[object Object],This includes records about time and wages.,[object Object],Must be legible and in English, and be readily accessible to an inspector. ,[object Object],Must include name of employer and name of employee,[object Object],ABN of employer,[object Object],Date employee started employment,[object Object],Type of employment ,[object Object],Employee’s pay rates, loading for overtime hours,[object Object],A copy of the written agreement for average hours worked,[object Object],Any flexibility arrangements and a copy of that agreement,[object Object], Keep a file for each employee,[object Object],Record keeping ,[object Object]

Payslip templates available on the website - http://www.fairwork.gov.au/small-business-assistance/Pages/Templates-for-managing-employment.aspx?role=employers#managing,[object Object],Payslips – information to be included on the payslip,[object Object],Name of employer,[object Object],Employer’s ABN,[object Object],Employee’s name,[object Object],Date of payment ,[object Object],Pay period,[object Object],Gross and net amount of pay,[object Object],Loadings, allowances, bonuses, incentive payments,[object Object],Employee hourly rate,[object Object],Employee annual salary,[object Object],Any deductions – including amount of each deduction including superannuation, name of the fund and account number,[object Object],Payslips,[object Object]

Name of employer and name of employee,[object Object],ABN of employer,[object Object],Date started employment,[object Object],Type of employment,[object Object],Employee’s pay rate – gross and net, deductions, loadings, bonuses etc,[object Object],A copy of written agreements,[object Object],A copy of any flexibility arrangements,[object Object],Leave information,[object Object],Superannuation information,[object Object],A good idea to keep a record of any discussions in regard to termination of employment, disputes or unfair dismissal claims,[object Object],Employee files,[object Object]

Agreements - Workplace bargaining,[object Object],Agreements - Agreements set out the conditions of employment between:,[object Object],an employee or group of employees,[object Object],their employer.,[object Object],Enterprise Agreements,[object Object]

Must be approved by Fair Work Australia before they commence operation: ,[object Object],To approve an enterprise agreement, Fair Work Australia must be satisfied that:,[object Object],the agreement has been made with the genuine agreement of those involved,[object Object],the agreement passes the better off overall test and does not include any unlawful terms or designated outworker terms,[object Object],the group of employees covered by the agreement was fairly chosen,[object Object],the agreement specifies a date as its nominal expiry date (not more than four years after the date of FWA approval),[object Object],the agreement provides a dispute settlement procedure,[object Object],the agreement includes a flexibility clause and a consultation clause.,[object Object],Approval and content of enterprise agreements,[object Object]

Fair Work Australia Workshop

Fair Work Australia Workshop

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