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<Electrical Contractor Pty Ltd>

HUMAN RESOURCE MANUAL

DISCLAIMERThe National Electrical and Communications Association (NECA) and any person involved in the preparation and distribution of this document explicitly disclaim all and any contractual, tortious, or other form of liability to any person in respect of the publication and any consequences arising from its use by any person in reliance on the whole or any part of the contents of this document.

NECA and any person involved in the preparation and distribution of this document do not accept any responsibility for such information. This document is of a general nature only and does not represent nor is it intended to be advice on any particular matter. No person should act soley on the basis of the material contained in this document, with out considering professional advice.

WARNINGWorkplace Policies may be considered an incorporated term of an employment contract even where no reference is made to such documents in the contract of employment or letter of offer provided to employees.

Recent case law suggests that Courts are likely to regard company policies as being enforceable terms and so likely to give rise to an award of damages against an employer in the event of a successful prosecution by a serving or former employee for a breach of the workplace policy.

Please note the National Employment Standards and the Electrical, Electronic and Communications Contracting Award 2010 do not have legal effect until 1 January 2010.

OCCUPATIONAL HEALTH AND SAFETY AND ENVIRONMENT MANAGEMENT

In order to address your business management needs - NECA Victorian Chapter currently has available a business management system that incorporates Occupational Health and Safety (OHS) management, Site Safety Management, Quality Assurance Management and Environmental Management.

The OHS Management System incorporates:

Company OHS Management Plan Company Requirements Systems and Process Audit Company Policy Statements Company OHS Procedures Company OHS forms

The Site Safety Management System incorporates:

Site Safety Plan Site Safety Forms Safe Work Method Statements (Risk Management)

The Quality Assurance Management System incorporates:

Quality Assurance Management Plan Quality Assurance Management Procedures Quality Assurance Management Forms.

The Environmental Management System incorporates:

Environmental Management Plan and Environmental Management Procedures and Forms

Also included in the business management system is a consultation management and toolbox talks manual.

The business management system contains the required policies, plans, procedures, proformas and risk management for a business to develop, establish, operate and manage safety, quality and environmental issues in their day to day operations.

For further information contact NECA’s Occupational Health and Safety Advisor on (03) 9645 5533.

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TABLE OF CONTENTS

1. RECRUITMENT AND SELECTION......................................................................................31.1 Overview......................................................................................................................... 31.2 Recruitment and selection policy and procedure.............................................................51.3 Medical information and health assessment policy and procedure...............................101.4 Documentation..............................................................................................................12

2 EMPLOYMENT CONDITIONS............................................................................................292.1 Overview....................................................................................................................... 292.2 Employment conditions Policy.......................................................................................322.3 Leave and absences policy and procedure...................................................................352.4 Termination, redundancy and resignation policy and procedure..................................412.5 Travel and expenses reimbursement policy and procedure..........................................452.6 Documentation..............................................................................................................47

3 EMPLOYEE CONDUCT AND PERFORMANCE................................................................713.1 Overview....................................................................................................................... 713.2 Company property and technologies policy and procedure...........................................733.3 Conflict of interest and confidentiality policy and procedure..........................................763.4 Dress and appearance code policy and procedure.......................................................783.5 Grievances and complaints policy and procedure.........................................................803.6 Performance management policy and procedure..........................................................833.7 Training and development policy and procedure...........................................................853.8 Documentation..............................................................................................................87

4 EQUAL EMPLOYMENT OPPORTUNITY (EEO)................................................................954.1 Overview....................................................................................................................... 954.2 Equal opportunity, harassment and bullying policy and procedure................................974.3 Privacy and personal information policy and procedure..............................................1014.4 Documentation............................................................................................................104

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Recruitment & Selection

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1. RECRUITMENT AND SELECTION

1.1 Overview

A key objective of human resource management is to maximise the productive contribution of employees – that is, achieving results through people. Recruitment and selection activities are tied very closely to meeting the business objectives and, therefore, it is critical that quality candidates are attracted and selected.

Equal employment opportunity (EEO) applies to every aspect of the recruitment and selection process, and the business that values diversity (individual differences and generational differences are valued and respected) will access a wider range of suitable applicants. The changes to workforce demographics (that is, fewer younger people and an ageing population) mean that businesses need to adapt to ensure future viability with flexible work practices, increased training for existing employees, and mentoring and coaching new employees.

1.1.1 Job analysis

Writing and regularly reviewing job descriptions and specifications that outline the inherent qualities of the position will contribute to the process of determining who from within the organisation should succeed to particular jobs, and also who from outside the organisation should be offered positions.

When the recruitment need has been determined, a detailed, accurate job description will identify the level of skills and abilities, knowledge, experience and attitudes required of the employee to be recruited from either internal or external sources.

Job analysis that is well-conducted and performed regularly results in updated and accurate job descriptions and can provide the basis for the following human resource management activities:

Recruitment and selection Performance management Job design and legal compliance Remuneration management Training and development


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1.1.2 Recruitment and selection

Suitable candidates can be sourced from within the business (email, online, newsletter, notice board) allowing existing employees to progress or move into other areas of interest, or by advertising (recruitment agency, print media or directly on the internet), or by requesting recommendations from existing staff.

In order to attract the desired candidates, the following points need to be included: Information about the company Job-related and personal skills, knowledge, experience and qualifications required Type of work to be performed Where the work is to be performed Any travel requirements Details of how to apply

A list of questions that need to be asked of potential candidates may be provided to those conducting interviews – equal employment (EO) legislation makes it an offence to discriminate against individuals on the grounds of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, and/or national extraction or origin.

Formulating effective interview procedures will help with the selection of the correct candidate. A set of questions to ask every candidate and a pro-forma to record their answers will ensure fairness and consistency in a way which makes comparisons easy.

An Application for Employment form may be completed by each candidate prior to being interviewed, or short-listed candidates may be asked to fill in an Application for Employment form after being interviewed. This document can be amended to request further information if desired by the company (for example, medical information related to performing the job).

A reference check on all short-listed employees should be performed and an offer of employment should not be made until all reference checks have been performed.

1.1.3 Replacement and succession planning

Replacement and succession planning utilises an organisation structure (no matter how limited) and other environmental factors to plan changes in the relationships, responsibilities and work (tasks and jobs) to be carried out by the organisation.

A replacement plan is likely to look at the short term, perhaps just one year ahead. It identifies jobs where the incumbent will or may leave, or where an employee needs to be replaced due to inadequate performance or for some other reason, therefore, it specifies potential vacancies. The replacement plan will list present incumbents of positions and also those who are capable of replacing them (that is, competency readiness). The replacement plan may also describe the state of readiness of these possible replacements, and may nominate the same person as a replacement for a number of jobs.

A succession plan may look three years ahead (or, five or even ten years ahead), and will require a high degree of in-built flexibility. It is necessary to plan not only numbers, but also decide upon appropriate training, education and other experiences that will prepare candidates for the job.

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1.2 Recruitment and selection policy and procedure

Scope

This policy is applicable to staff that are directly or indirectly involved with the recruitment and selection process.

Policy

This organisation is focussed on effective recruitment and selection, and development and retention of high quality staff.

A merit-based system using the following processes is used to select the most suitable candidate, ensuring that Equal Employment Opportunity (EEO) issues are considered and the best choice is made against the defined selection criteria:

Written application Behaviour-based interview questions Testing/presentations Referee reports

An accurate job description and selection criteria will enable those involved in the selection process to assess the relative merit of applicants and ensure assessment consistency in short-listing, interviewing and reference checking activities.

Applications for vacancies are strictly confidential and access to information is restricted to those directly involved in the selection process.

Reference and background checks are made with referees who are familiar with the qualifications, experience and past work records of a job applicant. The referee will respond to specific company enquiries that relate to the job and job performance in question.

Succession planning involves balancing the company’s strategic human resources and business requirements with the planning (internal or external) of individual career paths based on objective estimates of future needs and using reliable performance appraisals and assessments of potential.

Procedure

The recruitment and selection process:

Step 1 Develop and maintain policies and procedures

Current policies and procedures provide guidelines to all staff that minimise the risk of breaches of legal obligations and that support consistency throughout the organisation. Policies that specify recruitment from within the organisation provide opportunities for existing employees to follow a career path or move into an area of interest which builds morale.

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Step 2 Assess the need to employ

A job vacancy may exist because a job holder has left the organisation or has been transferred to another job within the organisation, or a new position has been created.

The reason for the vacancy needs to be qualified and quantified to assist with evaluating the (continuing) need for the position, identifying whether changes or modifications are necessary to the position description.

It is critical to measure related costs against budget, including:

Recruitment costs Hiring costs Employee induction costs Staff turnover costs

Step 3 Preparing to employ

Conduct a job analysis on the job description and person specifications required to fulfil the tasks of the vacant position.

Re-write the position description if the role has more responsibilities, more technology, or requires additional skills, qualifications or professional development (e.g. OHS, computer literacy) or changes in supervision and reporting factors.

A job description describes the work actually done on the job. It also reflects the anticipated outcome of the work performed (ideally, it should be based on a job analysis). Follow these guidelines:

State the actual activities of jobs – avoid open-ended statements such as ‘Other duties as requested’

Emphasise outcomes Ensure the information is objective and variable Include specific requirements Include specific qualification requirements Avoid discriminatory language Use standardised formats, job classifications, job codes and consistent expression

across an organisation, where possible

Step 4 Attracting the right applicant

Internal or outsourced recruitment – Recruitment may be outsourced (e.g. Job Network, recruitment and management consultants, and executive search agents) if there are time constraints, secrecy or confidentiality requirements, or minimal recruitment or selection skills within the organisation.

Employment requisition and budget – Gain senior management authorisation of employment requisitions prior to commencement of the search for a suitable candidate for a vacant position. The budget amount is determined by the level, status and pay rate of the job, the availability of suitable candidates, the difficulty reaching and persuading those people, and the chosen recruitment method.

Method of recruitment – Select the recruitment (and advertising) method based on the nature of the job, the available resources and the type of person being sought to fill the position – e.g. internal (advertised within the company or staff are requested to nominate colleagues or friends) or external (Job Network, recruitment and management consultants, or executive search agency).

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Step 5 Preparing a short-list of applicants

Targeted selection utilising the following evidence-gathering strategies, prior to and post-interviews, will maximise objectivity and minimise personal bias or ‘gut feelings’:

examples of past behaviour to predict future behaviour identification of the critical job requirements application of effective and appropriate interviewing skills and techniques

(e.g. telephone screenings), and reference to relevant documentation (e.g. cover letter, curriculum vitae/résumé,

application form).

Divide applicants into three groups, A, B and C, as follows:

a. Notify unsuccessful applicants the day after short-listing has been completed.b. Review applications in the ‘uncertain’ group, and contact by email or phone if any

clarification is needed. Organise interviews for those selected, and notify unsuccessful applicants promptly.

c. Arrange interviews for those in this group that have been selected for having many of the factors contained in the job description and person specifications.

Step 6 Organising the interview

General interview procedures that allow for relevant, reliable and valid information to be gathered and assessed and that minimises the risk of potentially discriminatory conduct or questions from the interviewer need to be pre-arranged.

These include experience and suitability of interviewer(s), number of interviewers, adequate time for proper and fair interview and assessment, relevant documentation (common interview questions, form for interviewer(s) to write applicant responses and interviewer comments, application form, résumé, list of referees, test results etc.), suitable room and furniture, closure of the interview, and the assessment and selection meeting.

Step 7 Conducting the interview

The first consideration is to provide a comfortable setting and an atmosphere of genuine acceptance and interest.

The interviewer(s) needs to be briefed on matters regarding Equal Employment Opportunity (EEO) considerations regarding their questions and conduct in the interview, and allowing the interviewee to do most of the talking.

Step 8 Reference checking (and medical testing)

Investigating (and confirming) previous work performances can provide valuable insight into what a person has done in the past, and therefore what they are likely to do in the future. Candidate consent must be obtained prior to contacting referees (including, previous employers of the candidate). Verbal references are preferable to written references.

Medical (and psychological testing) should only be used in relation to the particular duties and responsibilities of the job, and must be administered and assessed by people with appropriate training and experience. Collection, storage and use of this information are to be done by lawful and fair means, and are protected under privacy legislation.

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Step 9 Making a decision and job offer

A decision is made after careful consideration of interviewer summaries and assessments, candidate test results, and referee feedback.

Contact the successful applicant to offer them the position:

If they accept, write to them offering the position and outlining the starting date, conditions of appointment (including probation period, hours of work, remuneration rate, line manager’s name and other employment factors. Also, notify the relevant department/personnel of the starting date and any training requirements.

If the preferred candidate does not accept the offer of employment, the position may then be offered to the next preferred candidate or the position may be re-advertised and the recruitment process followed again.

Step 10 Employee Induction program

Upon acceptance of the employment offer, ensure that all new employees are provided with an appropriate introduction to their employment with <Electrical Contractor Pty Ltd> to cover a basic understanding of the company’s history, products, services, guidelines, policies and procedures.

Prepare all relevant employment documentation, including taxation declaration, superannuation application, security and payroll details, and arrange any training and personnel that may be required on the first day of employment.

Providing the appropriate information, instruction and training enables new employees to understand the organisational background of their job and to undertake that job without risk to the health or safety of themselves or others.

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Definitions

Job description – A list of a job’s duties, responsibilities, reporting relationships and working conditions.

Job specification – A list of qualities and characteristics that are required to perform the job effectively, including the requisite education and training, skills and personality.

Recruitment – Searching for and identifying sufficient quantity and quality of job candidates to meet the organisation’s human resources needs (and the job candidate’s needs).

Selection – Choosing from the candidates those most likely to succeed in the job(s) that are available.

Selection criteria – A description of necessary job qualifications and requirements - that is, the knowledge, skill, abilities, personal qualities, physical requirements and experience - required to perform the job effectively.

Succession planning – The process of ensuring a suitable supply of successors for current and future roles, and managing the company’s needs and individual aspirations.

<Insert managing director’s name>Managing Director<Electrical Contractor Pty Ltd>

Print Name: ____________________________________ Date: __________________

Sign: __________________________________________

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1.3 Medical information and health assessment policy and procedure

Scope

This policy is applicable to all employees.

Policy

This business aims to provide an environment that is healthy and safe for employees and to identify:

staff with a pre-existing medical condition that might be exacerbated by their employment

staff with a medical condition that might cause an abnormal risk of injury staff with special needs in relation to a medical condition

In order to carry out this duty of care, applicants and employees may be requested to respond to up-to-date, pre-employment or employment medical questions or tests that relate exclusively and directly to the genuine and reasonable requirements of the job and not unfairly discriminate against individuals with disabilities or impairments. This will allow the business to make appropriate decisions and modifications to the workplace or work practices.

Pre-employment medical tests that form part of the selection process are paid for by the organisation and will be used only when all Equal Employment Opportunity (EEO) issues have been taken into consideration.

The personal medical information obtained is confidential information and is managed internally according to the Information Privacy Principles set out in the Privacy Act 1988 (Cth)(please refer to section 4.3 for principles).

Procedure

In cases where a position requires specific physical or mental capabilities, a pre-employment medical examination or test may be required prior to a final decision being made, and this must be stated at the interview.Pre-employment and workplace tests must be relevant to the requirements of a particular position and assess only job-relevant medical fitness. These tests may include:

Blood testing Drug and alcohol testing Hearing and visual testing Psychological testing Physical fitness testing

All personal medical information is securely stored with access restricted to nominees of the business or the relevant individual and only after provision of adequate notice. Information contained in the statement is not made available to any other third party without the written consent of the appointee or when the business is required to do so by a court or tribunal or under law, including in the case of a disputed claim for worker’s compensation.

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Definitions

Equal employment opportunity (EEO) – Where it is ensured that people with equal probability of job success have equal probability of being hired for or promoted to the job.


Print Name: _____________________________ __ Date: _______________

Sign: __________________________________________

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1.4 Documentation

INDEX

1.4.1 Job description form (Sample)

1.4.2 Job description – Electrician (Sample)

1.4.3 Job description – Clerical and Administrative Assistant (Sample)

1.4.4 Apprentice checklist

1.4.5 Job application form (Sample)

1.4.6 Reference check form (Sample)

1.4.7 Letter of appointment (Sample)

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1.4.1 Job description form (Sample)

Job DescriptionCompany Department

Job title: Job grade, number etc.

Responsibility (working contacts, employees supervised, control over expenditure and equipment, etc.)

Overall purpose of job

Main activities/tasks (in order of importance) % of time required

Main outcomes of activities/tasks

Special requirements (e.g. tools/equipment used, external contacts, furniture, vehicle, etc.)

Other features of job (e.g. shift or night work, travelling, working conditions, etc.)

Industrial instrument (e.g. EBA, Award, common law contract)

Location of job Wages/salary

Prepared by Date

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1.4.2 Job description – Electrician (Sample)

Job DescriptionCompany Business Unit

Job titleElectrician (Licensed)

Job grade, number etc.Grade 5/E Grade

Responsibility (working contacts, employees supervised, control over expenditure and equipment, etc.)

Key selection criteria

Essential – Trades Certificate, Electrician’s Licence.Minimum of ______ years of experience as a tradesperson on major commercial and industrial worksDemonstrate a professional approach to the workplace and execute work of a high standardCommunicate information clearly and work effectively in a team

Desirable – Instrumentation, communications cablingAbility to manage, coordinate, motivate and control direct labourExperience in the following: domestic installations, communications installation, hazardous locationsSoftware knowledge i.e. word and excel

Performance characteristics

Multi-skill and cross-skill, and agree to work wherever required, using full range of skill (including semi-skilled work). Participate in skills audit, if required

Duties

1. InstallationCable/wiring support protection, including: aerial/catenary support, metallic and non-metallic conduit, trunking, and underground systemsPower and control cabling, including: armoured cables, fire performance cables (e.g. MIMS), and thermoplastic cable (insulated, sheathed flat, sheathed circular)Network communication cables, including: coaxial, optic fibre, structured (cat5/5+), patchcords, and telephone (cat 3 / 4)

2. Installation and maintenanceControl devices - heating and lightingProtection devices - socket outlets and switchboardDC motors and controls – single phase, synchronous, and three phase

3. Testing proceduresIncluding: continuity, insulation, polarity, correct connections (e.g. switching as intended), isolation, loop impedance, calibration, leakage, and load current

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4. PaperworkIncluding: job cards, time sheets, delivery dockets, orders, invoices, supply authority prescribed form, test and tag for portable appliances, stock lists and vehicle log

5. Conduct and performanceTeamAssist apprentices/trainees to maintain accurate and up-to-date log booksCoordinate, motivate and control direct labour and clerical support personnel

Skills and workCurrent and relevant Driver’s Licence and Trade LicenceWork in country and interstate areas, as required (except in special circumstances)Undertake and complete training, as requiredBe available for after hours call outs on a roster systemWork in organised work teams and contribute to the operationTreat all company and client information as confidential (duty of fidelity)Strictly adhere to all relevant Australian Standards and Codes of PracticeStrictly adhere to all company policies, procedures, instructions and directives (including quality assurance, quality control requirements, and grievance procedures)Minimise wasted materials, lost time and absenteeismPractise a work ethic that increases productivity, and keeps all rework to an absolute minimumImprove customer service (including: wearing and maintaining the good condition of uniforms, image and general housekeeping)Recommend additional services and products to benefit customers

Occupational Health & Safety (OHS)Follow safe working practices for yourself and othersReport all potential safety hazards and ‘near misses’ to managementWear and maintain the good condition of protective clothing and equipment

Special requirements (e.g. tools/equipment, external contacts, furniture, vehicle, etc.)



Location of job Wages/salary

Prepared by Date

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1.4.3 Job Description – Clerical and Administrative Assistant (Sample)

Job DescriptionCompany Department

Job titleClerical and Administrative Assistant

Line Manager

Responsibility (e.g. working contacts, employees supervised, control over expenditure and equipment, etc.)

Key selection criteria

EssentialDemonstrate a mature approach to the workplace and execute work of a high standardCommunicate information clearly and work effectively in a teamComputer literacy DesirableAbility to manage, coordinate, motivate and control information and schedulesExperience using Word, Excel , MS Project and PowerPoint Duties (Select relevant level/duties)

Grade 1 Clerical AssistantWork under direct supervisionOperate machinery such as phones, photocopiers intercom etcPrepare, collate, sort and file documents and handle mail

Grade 2 Clerical AssistantResponsible and accountable for own work, routine supervisionOperate machinery such as adding machines, switchboard, typewriterComputer data entry and type at 25 words per minuteMaintain mail register and keep appropriate records

Grade 3 Clerical OfficerResponsible and accountable for own work, general supervisionOperate computerised equipment, Dictaphone, personal computerProduce documents, type at 40 words per minute and audio typeWord processing and secretarial skills (shorthand, arrange travel, make appointments)Prepare time and wages records

Grade 4 Clerical OfficerResponsible and accountable for own work, limited supervisionFormat complex documents, produce documents requiring specified form or to comply with regulations or standardsCreate new computer based records systemsWord processing and secretarial skills (shorthand, arrange travel, make appointments)Calculate wages, reconcile creditors, debtors and general ledger accounts, calculate costings using established formulae

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Grade 5 Administrative OfficerResponsible and accountable for own work, limited responsibility for work of othersUse advanced spreadsheets functionsProduce complex text and data documentsWork processing & secretarial skills (shorthand, arrange travel, make appointments)Apply detailed industry knowledge including policies relating to industrial employment law, OH&S, workers compensation claims procedures and superannuation requirementsApply detailed knowledge of organisation’s credit terms to new accounts and to following up significant debtors, prepare periodic debtor statementsResolve operational problems for staff in lower grades

Grade 6 Administrative OfficerResponsible and accountable for own work, may have responsibility for work of a section or unitOperating/coordinating a group of computersInterpret data from spreadsheets, administer workers compensation claims, insurance and disputed claimsWork processing and secretarial skills (shorthand, arrange travel, make appointments)Apply detailed industry knowledge including policies relating to industrial employment law, OH&S, workers compensation claims procedures and superannuation requirementsPlan and organise work priorities of unit or section, administer individual specialist salary and payroll requirements (Eligible Termination Payments, Superannuation Trust Deed Requirements, Redundancy Calculations, Maintenance Support Schemes etc.)

Special requirements (e.g. tools/equipment, external contacts, furniture, vehicle, etc.)



Location of job Wages/Salary

Prepared by Date

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1.4.4 Apprentice Engagement Guidelines

Contract of Training

An employee must be registered as an apprentice in order for them to be paid apprentice rates. Australian Apprenticeships are a system of entry level training that allows employers flexibility and choice in training employees in their business. Australian Apprenticeships incorporate all existing apprenticeships and traineeships.

Traineeships are open to anyone who is 15 years or older. They range from one to four years in length, although generally trainees commence on a twelve month contract and training program. Traineeships can also be part-time or school based. Training can be delivered on the job by a workplace assessor or at an off-site training institution.

Electrical Apprentices’ terms and conditions of employment are derived from the Electrical, Electronic and Communications Contracting Award 2010 or a registered workplace agreement (e.g. Electrical Contracting ETU EBA) which binds both the employer and the apprentice. Electrical Apprenticeships include three years of off-the-job training through a Registered Training Organisation which is either one day per week or block release. The fourth year of the apprenticeship is usually spent full-time on the job.

Contracts of Training can be obtained from an Australian Apprenticeships Centre. Call 13 38 73 to find a local Australian Apprenticeships Centre or visit the Australian Apprenticeships website at www.australianapprenticeships.gov.au.

Probationary Period

The Contract of Training provides for a three-month probationary period. During the probationary period, a training contract can be cancelled by either the employer or apprentice/trainee by giving notice under the relevant award or employment agreement.

Some employers seek to trial a potential apprentice prior to committing to the apprenticeship. Legislative obligations do not enable employers to do this. Unless a person is registered as an Electrical Apprentice or has come to you from a school on work experience, the minimum rate that must be paid is Electrical Worker Grade 1 (Labourer). So even if you just want to trial someone as an apprentice, you must sign them onto the Contract of Training.

Wages

Wages for Australian Apprentices vary according to certain characteristics (e.g. years of school completed, years of training, the type of Australian Apprenticeship and the industry or occupation).

An Electrical Apprentice is paid an apprentice wage which is derived from the applicable binding industrial instrument e.g. Electrical, Electronic and Communications Contracting Award 2010 or a registered workplace agreement. An Australian Apprentice will generally be treated in the same way as all other employees in relation to superannuation, workers’ compensation and other entitlements or requirements.

Electrical Contracting ETU EBA based employers, are required (where applicable) to pay apprentices in accordance with the Apprentice Pay Progression Scheme which was introduced on 1 January 2006.

Typically, trainees are paid under the National Training Wage Award 2000. Trainee wages, under this Award are determined by the type of traineeship, the highest level of schooling

http://www.australianapprenticeships.gov.au/

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completed by the trainee and the year in which that was completed. However, the employer may choose to pay higher wages.

More information can be found by calling the Fair Work Australia infoline on 13 13 94 or the visit the website at www.fwo.gov.au.

Occupational Health and Safety (OHS)

Health and safety at work is vital, particularly for apprentices and trainees as they are often young and inexperienced. Every workplace has specific health and safety requirements that must be applied by legislation.

Occupational health and safety must start on day one and a safe and compliant workplace will:

provide a safe workplace free from verbal, physical, racial and sexual abuse have an Occupational Health and Safety Policy conduct an induction program for apprentices/trainees display relevant warning signs in appropriate positions in the workplace perform regular workplace safety checks

Make sure your apprentice/trainee can:

perform tasks safely handle all equipment, machinery and dangerous products, such as chemicals, safely identify and report any potential risks use safety equipment such as gloves, clothing, masks, boots and glasses

For WorkCover and Workers Compensation enquiries contact the WorkCover Authority in your state or territory:

WorkCover Contact No. WebsiteACT 02 6205 0200 www.workcover.act.gov.auNew South Wales 13 10 50 www.workcover.nsw.gov.auNorthern Territory 1800 019 115 www.worksafe.nt.gov.auQueensland 1300 362 128 www.workcover.qld.gov.auSouth Australia 13 18 55 www.workcover.comTasmania 1300 366 322 www.workcover.tas.gov.auVictoria 1800 136 089 www.workcover.vic.gov.auWestern Australia 1300 794 744 www.workcover.wa.gov.au

Payroll tax

At the time of publication Victorian employers with a payroll equal to or higher than the threshold of $550,000 are required to pay payroll tax at the rate of 5.05% which includes apprentice and/or trainee wages.

Information and advice on payroll tax is available from visiting State and Territory revenue office contacts which can be found at this website www.ato.gov.au/corporate.

http://www.ato.gov.au/corporate

http://www.fwo.gov.au/

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Long Service Leave (Victoria)

An Electrical Apprentice is treated the same as a worker under the CoINVEST scheme and can start accruing service credits from their very first day of employment.

Employer contributions are not required to be made for the duration of the apprenticeship. However, an Electrical Apprentice must be registered in CoINVEST to provide for their long service leave. CoINVEST can be contacted via their website at www.coinvest.com.au or via telephone on 1800 805 844. Superannuation

An Australian Apprentice will generally be treated in the same way as all other employees in relation to superannuation. The employer must contribute the legislated percentage of ordinary time earnings to a complying superannuation fund on behalf of the apprentice.

School

An Australian Apprentice should be enrolled in the appropriate training course at TAFE or other registered training organisation. Under the Electrical, Electronic and Communications Contracting Award 2010, the employer has an obligation to reimburse the apprentice for school fees and text books within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship, or within 3 months from the commencement of training, whichever is the later (less any government incentives paid to the apprentice to pay for training costs), where an apprentice provides proof of payment and evidence of satisfactory progress. If an apprentice has not passed/completed all required modules for the appropriate school period, the employer is not required to reimburse the apprentice.

The employer should diligently check the apprentice’s progress to ensure that they regularly attend classes and keep up with their modules. Remember, if they still have modules to complete in the 4th year, this will affect their attendance at work and delay payment of the government subsidy.

Government Subsidy

Employers hiring an Australian Apprentice may be eligible for a range of Australian Government incentives. These incentives encourage employers to offer employment-based training opportunities that will encourage people to acquire and expand their working skills.

Your local Australian Apprenticeships Centre can provide more information about incentives, eligibility requirements and waiting periods. Call to find a local Australian Apprenticeships Centre (Telephone: 13 38 73) or visit the website www.australianapprenticeships.gov.au.

Supervision Guidelines for apprentices

Supervision guidelines have been established by Energy Safe Victoria (www.esv.vic.gov.au) to assist electricians and electrical contractors in providing supervision to apprentice electricians during their on-the-job training.

The Occupational Health and Safety Act 2004 places a duty on employers to provide the appropriate supervision, in accordance with the guidelines, to enable the apprentice to perform their work in a manner that is safe and without risks to health.

http://www.esv.vic.gov.au/

http://www.australianapprenticeships.gov.au/

http://www.coinvest.com.au/

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Adult Apprentices

The Electrical, Electronic and Communications Contracting Award 2010, now provides for the employment of Adult Apprentices. Apprentices who are 21 years of age or older who commenced their apprenticeship on or after January 1, 2014, are to be paid higher rates commencing with 80% of the Electrical Trade Rate (EW5) for a first year apprentice. The Electrical Contracting ETU EBA, provides an adult apprentice rate for employees who commence their apprenticeship at the age of 25 years or over.

Electrical Licence

In Victoria, an Electrical Apprentice who successfully completes their apprenticeship is deemed to be licensed for a period of three months immediately following the completion of the four year apprenticeship term. During this three month period the employee is to be remunerated in accordance with the Electrical Worker (EW) Grade 5 “B” Grade classification.

Prior to or during this three month period the former apprentice is expected to obtain an “E” class (also known as “A” grade) licence or an “L” class supervised licence (also known as “B” grade). If upon cessation of the three month period, the former apprentice did not obtain either licence they will be re-classified according to the duties that they undertake (Electrical Worker Grade 2, 3 or 4 Award Classification). The cessation of the three month period also results in the employee being unable to undertake duties that include electrical installation work.

Cancellation or Suspension by consent

An apprenticeship may be cancelled or suspended by consent of the employer and the apprentice.

To ensure that there is mutual consent when terminating a training contract, both the employer and apprentice must firstly download the mutual consent guide from Skills Victoria at www.skills.victoria.gov.au and then send a written submission or complete a request to mutually cancel the training contractor to the Victorian Skills Commission.

If mutual consent cannot be reached between the employer and apprentice then contact should be made to the relevant Apprenticeship Field Officer – invariably a representative of the apprenticeship centre who organised the training agreement. Alternatively you can contact the Victorian Apprenticeship Administration Information (Skills Victoria) line on 1300 722 603, select option 4 and follow the prompts.

Termination of Employment upon cessation of apprenticeship

Employees engaged in an apprenticeship will be considered as a fixed term employee for the duration of that apprenticeship. The employment relationship ceases at the completion of the apprenticeship term unless otherwise negotiated at the workplace level.

During the apprenticeship period, apprentices are entitled to all the benefits of full time employment, including the notice of termination provisions outlined in the applicable industrial instrument.

http://www.skills.victoria.gov.au/

Job Application Form

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1.4.5 Job application form (Sample)

Position: _____________________ Date:___________________

Name: __________________________________________________

Address: __________________________________________________

CONTACT DETAILS

Tel.no.: ____________ Mob.no.: ___________ Email: _____________

Next of kin:_________________________ Tel:_____________________

Education/level of studies completed(Copies of results required, including Pre-Apprenticeship)

If you have been previously employed by this company

From:___________________________ To: _____________________

PREVIOUS WORK EXPERIENCE

EmployerContact NumberType of business

(Start with the most recent employer)

DATESPosition held

andReason for

leaving

For Office Use OnlyComments(Previous Employer)

Date(Details confirmed)

To From

1.

2.

3.

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Further information:

QUESTIONS YES/NO DETAILS Originals sightedCopies filed

Do you currently hold an ACMA (cabler) registration?

YES/NO Reg. No. ………………Expiry date: ………..

For Office Use OnlyDate:___/___/___

Do you currently hold an unsupervised electrical licence? (Photocopy of licence needs to be obtained)

YES/NO Licence No.: …………………………………..Expiry date: ……..……………………………...Licence type………………..…………………..

Are you a current member of a severance scheme (e.g. Protect)?

YES/NO Membership No.: …………………..………………

Are you a current member of a superannuation scheme (e.g. C+BUS, Connect)?

YES/NO Name: ……………………………………………...Membership No.: ………………………………….

Are you a current member of CoINVEST portable long service leave scheme (i.e. electrical employees)?

YES/NO Membership No.: …………………………………...

Do you have your own means of transport?

YES/NO

Do you have a current driver’s licence?

YES/NO No.: ……………………………………………Expiry date: ____ / ____ / ______

Note: It is a condition of employment that prior to commencement with this company you attend for a medical examination, details of which will be provided to you.

I furnish the above information, sincerely believing it to be true and correct, and I acknowledge that my employment may be terminated by the provision of false information on this form.

Signed: ___________________________________ Date: __________________

Office Use Only

Appointment date: ____ / ____ / ____ Comments: ________________________________________________________________________________________________________________________________________________________________________________________

Termination date: ____ / ____ / ____ Comments:_________________________________________________________________________________________________________________________________________________________________________________________

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INTERVIEWER COMMENTS:____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Referees (Name and contact no. provided at interview)_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________Print Name: __________________________________________________________________Position: _____________________________________________________________________

Signature:___________________________________________ Date:______________

Reference Check Form

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1.4.6 Reference check form (Sample)Index

Applicant:_________________________________ Date: ________________

Referee: __________________________ Position: ________________________

Name of Company: __________________________ Phone No: ______________

1. _____________________________ advises that he/she was employed by <Company>, (Name of applicant)

From __________________ To ____________________ Day Month Year Day Month Year

a) Can you confirm these dates? (Circle) YES NO

b) Comments: _____________________________________________________

__________________________________________________________________

2. What was their position? __________________________________________________________________

3. What were the main functions/duties?

__________________________________________________________________

__________________________________________________________________

4. Performance ratings (Tick appropriate box)

Poor Average Good Very Good

Punctuality & time-keeping

Quantity of work (output)

Quality of work

Ability to relate to people

Did he/she require close supervision? (Circle) YES NO

5. In your opinion, what are the applicant’s characteristics?

a) Strengths: ______________________________________________________

__________________________________________________________________

__________________________________________________________________

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b) Weaknesses: ____________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

6. Was his/her pay ever increased? (Circle) YES NO

Details: ___________________________________________________________7. Reason for leaving the company ____________________________________

__________________________________________________________________

8. If a suitable position were available in the Company, would you consider reemploying him/her? (Circle) YES NO

Details: ___________________________________________________________

__________________________________________________________________

Checked by:___________________________ Position:____________________

NOTE: This document is provided as a guide only. Each company should amend this document to suit its needs and seek further advice, if required.

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1.4.7 Letter of appointment (Sample)

Letter of Appointment

<Company letterhead><Date>

<Recipient name><Address 1><Address 2>

Dear <Name>,

Congratulations on your successful appointment to the position of <Position title> with our company. Your employment will commence on <Date>. You will be serving an initial period of probation of <No. of months – check award conditions or a maximum of 3 months>.

The company views this period as an extension of the selection process and during this period your credentials may be further checked and your performance, enthusiasm and behaviour evaluated. Equally, it is expected that you will assess whether you wish to become a permanent part of the <Company name> team.

Your commencing gross wage/salary will be <Amount> per week and your general conditions of employment are to be governed by the <Full name of award or registered workplace agreement>. Wages/salaries are paid each <week, fortnight, month> by <Type of payment - cash, cheque, direct deposit>.

You will also be entitled to four weeks leave after 12 months of completed service. Payment of superannuation contributions as outlined in legislation will be paid into an approved fund on your behalf. You will be required to follow all company policies and procedures, and failure to do so may result in the termination of your employment. Your direct supervisor will be <Name>.

If you agree to accept the above terms of employment, please sign in the space provided and return signed copy to the writer, prior to commencing your employment.

Yours sincerely,(Signature of authorised person)<Name><Position>_______________________________________________________________I have read and understand the conditions of employment as set out in the letter of appointment dated <Date>, and accept the position on the conditions stated.________________________________________ __________________(Signature) (Date)________________________________________ __________________(Print Name) (Position)

Employment Conditions

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2 EMPLOYMENT CONDITIONS2.1 Overview

Awards and registered workplace agreements do not provide information on all workplace relations matters. Issues such as workers’ compensation, long service leave, discrimination and occupational health and safety, are generally covered by State and Territory legislation. (Refer to relevant State and Territory government websites.)

There are also industrial laws covering minimum conditions for workers not covered by an award or registered workplace agreement and termination of employment. (For information about wages and conditions of employment in Australia and for work that is covered by federal awards and registered workplace agreements, refer to the Fair Work Australia website www.fwa.gov.au.

At the commencement of the employment relationship employers are obligated to outline the terms and conditions of employment to new employees. That is, minimum requirements including award conditions and appropriate classifications (where applicable), wages or salary, annual leave entitlement, personal leave, etc. This is also the appropriate time to outline the probationary period, and company policies.

Employers are required to issue a “Workplace Relations Fact Sheet” to all employees. New employees must receive this fact sheet within 7 days of commencing employment with <Electrical Contractor Pty Ltd>. (For more information, refer to the Fair Work Ombudsman website at www.fwo.gov.au.

It is important that the employee signs relevant human resources documents to indicate an understanding and acceptance of the contents of the contract of employment, company policies, procedures and code of conduct (see section 3.8.1).

2.1.1 Employment contract guidelines

Contracts of employment can be written or oral. Written contracts of employment should be used when employing labour. Contracts set out what can be reasonably expected by an employee and the employer. Content of contracts will vary according to the type of labour and the applicable industrial instrument (e.g. Electrical Contracting ETU EBA or the Electrical, Electronic and Communications Contracting Award 2010).

Common law contracts (unregistered contracts) must provide minimum terms and conditions of employment that are equal to or more generous than that outlined in the applicable binding industrial instrument or the National Employment Standards (NES). Employers cannot negotiate or contract out of their minimum obligations in a common law contract.

Where written contracts of employment are issued to new employees, both parties will sign and date the contract. The contract will then be stored with company human resources records, confidentially and securely, with restricted and appropriate access guidelines.

Changes made to the employee’s position or the employer’s obligations may result in a new contract of employment being issued to the employee.

http://www.fwo.gov.au/

http://www.fwa.gov.au/


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2.1.2 Remuneration

Remuneration for employees will be in accordance with the applicable instrument (e.g. Electrical, Electronic and Communications Contracting Award 2010 or Electrical Contracting ETU EBA), unless more generous entitlements are stipulated in a letter of offer or contract of employment.

In determining the appropriate remuneration for employees, the following factors may be taken into consideration:

Duties Experience Qualifications Type of work Location of work Time and day to which the duties are undertaken Transport

Remuneration will also take into consideration the following elements:

Strategic fit – industry and market pay rates, organisational capacity to attract and retain effective employees (based on a consistent framework), meets legislative commitments and opportunities, competitive, manageable and affordable.

Equity – group and reward jobs of comparable sizes within similar ranges, attract and retain good employees, appropriately reward those who perform effectively.

2.1.3 Superannuation

Employees have the right to choose the superannuation fund into which their employer superannuation contributions are made if their applicable industrial instrument is a federal award (e.g: Electronic and Communications Contracting Award 2010) or a registered workplace agreement that stipulates the option for choice (employee collective agreement).

Employees who are generally not eligible for superannuation choice are: covered by a state industrial award or registered workplace agreement covered by an collective agreement which specifies the name of a Superannuation

fund some public servants and some members of defined benefits funds

In summary, employers are required to:

1. Identify which employees need to be offered choice of fund2. Provide a standard choice form to eligible employees, available from the Australian

Taxation Office (ATO) website at www.ato.gov.au , within 28 days of their starting date.3. Nominate a default fund for employees who do not make a choice4. Make contributions to employee’s fund choice (or default fund, if no choice was made)

within two months of employee starting date5. Choice of fund records are to be kept for five years

Electrical Contracting ETU EBA based employers are required to make superannuation payments into C+Bus or Connect by the 14th day of each calendar month.

http://www.ato.gov.au/


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2.1.4 Record Keeping (Company to amend to suit specific business requirements)

<Electrical Contractor Pty Ltd> is required to adhere to the record keeping obligations as outlined in the Fair Work Act 2009 and the Fair Work Regulations 2009.

Employees are required to complete time-sheets so that an accurate record is kept of the hours worked by employees and on what jobs those hours were undertaken for the working week. Time sheets are required to be completed in a timeframe as specified by the company

Time sheets will be completed in accordance with the following:

Job numbers must be accurately recorded. Job Start and Finish Time must always be recorded for each and every job. Work

Hours Split into x 1, x 1.5 and x 2. If any other work is done for which you are not being paid, put it in the spare column and mark the column header appropriately.

Each Job Name and Location must be recorded so that we always know exactly which job you have worked on – this gives another cross check with the job number in case a mistake has been made.

Kilometres travelled for each and every trip/job must be documented and listed in the appropriate column (i.e. Do you have a company vehicle or a private vehicle?) We must have this information for the correct costing of work orders, service calls and variation sheets (if applicable). (Please refer to section 2.6.18 for a sample).

Expenses need to be listed in the column marked ‘Expenses’ and listed to correspond with the correct job number line(s).

2.1.5 Payment of Wages

All wages for employees shall be calculated weekly and paid weekly. Wages shall be paid (less tax) by cash or electronic funds transfer into the employees’ bank.

2.1.6 Payslips

Payslips, whether hand written, printed or electronic, will be issued to employees within one day of wages being paid. The contents of a payslip will be in accordance with the Fair Work Regulations 2009.


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2.2 Employment conditions policy

Scope

This policy is applicable to the employer and all employees.

Policy

This company is committed to establishing fair and equitable relationships with its employees and contractors, promoting a stable employee relations environment in which all can work productively and in harmony, and promoting industrial stability that is built on trust, co-operation and teamwork.

The Employer relationship is guided by compliance with legislation and standards, including:

Fair Work Act 2009 (Cth) Fair Work Regulations 2009 (Cth) Equal Opportunity Act 1995 (Vic) Sex Discrimination Act 1984 (Vic) Occupational Health & Safety Act 2004 (Vic) Long Service Leave Act 1992 (Vic) Construction Industry Long Service Leave Act 1997 (Vic) Accident Compensation Act 1985 (Vic) Superannuation Guarantee Act 1992 (Cth) National Employment Standards Electrical, Electronic and Communications Contracting Award 2010 Enterprise Agreement (where applicable)

Conditions of employment will be outlined or referred to in the Letter of Offer/Letter of Appointment and/or written employment contract.

Accurate and up-to-date employee records (including nature of employment and time and wage details) are kept securely for a minimum of seven years and with regard to privacy and limited access considerations.

Procedures

A written offer of employment containing employment terms and conditions will be presented to the successful candidate, to be read carefully, completed and signed where indicated, and returned to the organisation by the date specified.

Employment will be subject to satisfactory completion of a probationary period from the date employment commenced. The probation period will be for the duration of three months unless otherwise specified, in writing, prior to the commencement of employment.

The ordinary hours worked by employees will be in accordance with the National Employment Standards (NES). The NES provides for a 38 ordinary hour week to be worked by employees unless stipulated differently in a registered workplace agreement(e.g. Electrical Contracting ETU EBA). The NES provides the option for reasonable additional (in excess of 38) hours to be worked by employees.

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Legal Obligations

<Electrical Contractor Pty Ltd> is subject to local, State and Federal laws. All persons have a duty to act within those laws.

All persons in connection with <Electrical Contractor Pty Ltd> are obligated to adhere to and comply with all applicable laws, particularly those that relate to the undertaking of their duties.

No one person can direct another person to carry out an illegal act, and no one person can justify an illegal act by claiming to be acting under the order of a Manager, or to be simply complying with policy.

Any actions taken by employees that result in the non compliance of the applicable laws, may result in the disciplinary process being implemented.

Company assets and items

On leaving <Electrical Contractor Pty Ltd>, each employee must hand over to his or her Manager any Company assets and items containing business information.

Even after leaving the Company, each person has a continuing obligation to maintain the confidentiality, in accordance with the conflict of interest and confidentiality policy, of such information which includes intellectual property that may have been created whilst working with the Company.

Materials

All materials required for the job must be ordered through the office, unless otherwise authorised.

To avoid unnecessary delays it is essential to ensure all materials required are obtained prior to travel to the job-site.

Quality Policy

<Electrical Contractor Pty Ltd> is an acknowledged and respected leader in the Electrical Industry having earned itself the highest respect by innovative excellence.

It is the Company Quality Objective to provide optimum solutions that meet each individual customer’s need in compliance with all applicable standards, safety requirements and operating conditions.

Commitment to quality is an essential part of the Company business ethics.

This commitment to quality places very high emphasis on the quality awareness of each Company person. This emphasis is on continued training and on working with quality aware suppliers and subcontractors.

Our Quality Mission is total client satisfaction.

Work Environment

<Electrical Contractor Pty Ltd> is committed to provide its employees with a working environment which is healthy, safe and productive. Besides physical factors, our work environment should also be challenging, stimulating and rewarding for all involved.

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Definitions

Conditions and standards

These include relevant conditions in applicable industrial relations legislation, National Employment Standards, Federal minimum wage, federal modern awards, registered agreements, Superannuation Guarantee legislation, annual leave, paid personal/carers leave, compassionate leave, parental leave, minimum rates of pay based on 38-hour week, long service leave, termination and redundancy, public holidays, community service leave, flexible hours, casual loading, maximum ordinary hours of work, payment of wages, unpaid personal/carers leave, bereavement leave and special leave (e.g. jury duty).

Registered Workplace Agreement

This is a contract of employment, whether collective or individual, that has been registered and approved by either the Australian Industrial Relations Commission, the Workplace Authority or Fair Work Australia.


Print Name: _____________________________ Date: _______________

Sign:__________________________________________

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2.3 Leave and absences policy and procedure

Scope


Policy

In accordance with the National Employment Standards, <Electrical Contractor Pty Ltd> will provide access to paid and unpaid absences through flexible arrangements that support the personal needs of employees and the organisation’s operational requirements. A leave application must be submitted for all periods of absence.

Employees must directly inform their line manager (or appropriate company representative) in situations that involve illness or injury, at the earliest possible time. It is preferable to make direct telephone contact with the relevant line manager to other forms of notice (e.g. mobile phone short message service-sms, email, or voice message).

When considering difficult or non-standard cases, advice from senior management must be sought.

Personal/Carer’s Leave

Employees are entitled to a paid leave of absence as prescribed by law (currently, 10 days per year) in the case of personal illness or injury, or to fulfill a carer’s responsibility.

In addition to the 10 days paid personal/carer’s leave, employees are entitled two days unpaid carer’s leave per occasion and two days paid compassionate leave per occasion.

Employees may request to cash out their credited personal/carer’s leave entitlement, if the option is stipulated in a registered workplace agreement (e.g. Employee Collective Agreement) or modern Award. Where the cashing out of personal/carer’s leave is made available to employees the requirements, as outlined in the National Employment Standards (NES) apply.

Where an agreement is made for the cashing out of personal/carer’s leave a total of 15 days is required to remain available to the employee after cashing out.

Annual Leave

A full time employee is entitled to annual leave on full pay for a period equal to 4 weeks for each completed year of service (less the period of leave). Part-time employee’s entitlements and payments are calculated on a pro rata basis.

An employee’s annual leave entitlement is expected to be cleared each accrual period. Action may be taken after 40 days of permitted accrual to reduce leave. Employees who have accrued annual recreation leave of eight weeks or more can be directed to clear up to a quarter of this leave. Prior approval from the line manager must be sought by employees who wish to carry leave forward.

Employees who resign, or who are terminated for any reason, will be paid accrued annual leave, as of the date of the resignation or termination of the appointment, in their final payment.

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<Electrical Contractor Pty Ltd> will request agreement for repayment of monies owing (out of final payment) for employees who resign or who are terminated for any reason and have already taken their annual leave entitlement for the year, or part thereof.

Employees may request to cash out up to two weeks of their credited annual leave entitlement every 12 months (or the pro-rata equivalent for part-time employees) but only if the option is stipulated in a registered workplace agreement (e.g. Employee Collective Agreement) or modern Award. Where the cashing out of leave is made available to employees the requirements, as outlined in the National Employment Standards (NES) apply.

Parental leave

Parental leave provisions apply to all full-time, part-time and eligible casual employees of the business with at least 12 months continuous service.

Parental leave includes maternity leave, paternity leave and adoption leave. An employee is entitled to a single period of twelve months unpaid parental leave as the “primary care giver”.

Employer and employee obligations for periods of parental leave are as outlined in the National Employment Standards (NES).

Should an employee be advised by a medical practitioner that it is not recommended to continue undertaking the duties associated with her role, <Electrical Contractor Pty Ltd>, will arrange a transfer to a safe job if it is feasible.

Long Service leave

For electrical employees, long service leave entitlements are outlined in the Victorian Construction Industry Long Service Leave Act 1997.

Employees (including casuals) entitlement to long service leave shall be in accordance with and provided by Co-INVEST. <Electrical Contractor Pty Ltd> will register electrical employees with Co-Invest and ensure that all relevant employee details are provided.

For employees whose classification falls outside that contained in the Electrical, Electronic and Communications Contracting Award 2010 – e.g. clerical employees, their long service leave entitlement is derived from the Victorian Long Service Leave Act 1992.

The taking of long service leave counts towards continuous service.

Public Holidays

Employees on weekly hiring shall be entitled to the following days off without loss of pay:

New Year's Day Australia Day Labour Day Good Friday Easter Saturday Easter Monday Anzac Day Queen's Birthday Melbourne Cup Day (VIC) Christmas Day Boxing Day

37


Where in a State, Territory or locality an additional Public Holiday is proclaimed or gazetted, such proclaimed or gazetted holiday will be observed by <Electrical Contractor Pty Ltd>.

Remuneration for work conducted on a public holiday is as outlined in the applicable industrial instrument.

Annual Close Down

<Electrical Contractor Pty Ltd> may have an annual close down period at Christmas. All employees will be advised in writing, at least four weeks in advance, of specific dates of the close down. <Electrical Contractor Pty Ltd> will direct employees to take credited annual leave during this period.

If an employee does not have enough credited annual leave for this period, all outstanding time may be taken as leave without pay. All gazetted public holidays during this period will be paid accordingly.

Study Leave

The skills and knowledge that can be gained from further study will benefit the business, and can contribute directly to the performance of an employee.

In circumstances where further education is being undertaken by the employee, the availability of assistance and leave will be negotiated at a workplace level. Should negotiations result in study leave and/or assistance being granted, all details relating to the entitlement will be documented in writing.

Jury Duty

In circumstances of jury service, <Electrical Contractor Pty Ltd> will release the employee for such duty.

<Electrical Contractor Pty Ltd> will provide employees the difference between the amount they receive in jury fees and the amount they could reasonably expect to have earned had they not been on jury service, upon production of evidence of attendance requirement.

Employees are required to notify <Electrical Contractor Pty Ltd>, as soon as possible as to the expected dates of jury service.

Procedures

All employees are required to advise their supervisor of their intention to take leave (personal/carer’s, annual, parental, long service leave) as soon as it is feasible.

Employees must submit a leave application for approval prior to the leave being taken for every period of absence except for sudden or unexpected illness. Before approval is given, the line manager will take into consideration the employee’s request for leave and the operational requirements of the business during the proposed period of absence.

In the case of an extended period of absence, sufficient notice is required to allow adequate time to consider the application and, if approved, to make alternative arrangements for the employee’s duties to be covered. A medical certificate may be requested by the organisation for instances of illness or injury.

38


Operational requirements and the circumstances of the employee’s request will be taken into consideration before approval is given for an anticipated absence. Periods of absence are required to be taken at a mutually agreed time by the employee and their line manager, except when the circumstances make it imperative for the employee to be absent (i.e. illness or bereavement).

Employees will be advised if supporting documentation, in addition to the leave application form, is required to be completed prior to commencement of the period of leave.Long service leave applications for electrical employees, require a Co-Invest claim form to be completed in order to retrieve payment from Co-Invest.

Where the cashing out of personal/carer’s leave or annual leave is permissible, the request is to be made in writing. Upon approval of the request, payment will be made to the employee at the applicable rate at the time of the request being made.

39


Definitions

Annual leave - Four weeks paid leave for each year worked that accrues on a pro rata basis and is cumulative.

Personal / Carer’s leave - Ten days of paid personal / carer’s (sick) leave per annum for each 12 months of service, part of which can be taken as carer’s leave.

Carer’s leave - This is a period of paid or unpaid leave taken by an employee to provide care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because of personal illness, or injury, or an unexpected emergency.

Immediate family - Members of an employee’s immediate family include a spouse, child, parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

Compassionate leave - Is a period of paid leave taken by an employee for the purposes of spending time with a person who is a member of the employee’s immediate family or a member of the employee’s household and has a personal illness, or injury, that poses a serious threat to his or her life; or after the death of a member of the employee’s immediate family or a member of the employee’s household

Parental leave - This is an entitlement of up to 52 weeks of unpaid parental leave at the time of the birth or adoption of a child.

Maternity leave - A single, unbroken period of unpaid leave taken in respect of the birth, or the expected birth, of a child of an employee

Paternity leave - Either a single, unbroken period of unpaid leave of up to one week taken by the partner, within the week starting on the day the spouse begins to give birth; orA single, unbroken period of unpaid leave of 52 weeks, taken by the partner after the spouse gives birth to a living child so that the employee can be the child’s primary care-giver.

Adoption leave - A single, unbroken period of unpaid leave of up to 3 weeks taken by an employee starting on the day of placement of an eligible child with the employee for adoption; orA single, unbroken period of unpaid leave of 52 weeks, taken by an employee after the day of placement of an eligible child with the employee for adoption so that the employee can be the child’s primary care-giver

Registered workplace agreement - This relates to contracts of employment, both individual and collective, which have been registered and approved by either the Australian Industrial Relations Commission, the Workplace Authority and Fair Work Australia.

Eligible casual employee - This is a casual employee who has been employed by their employer on a regular and systematic basis for at least twelve months, and has an expectation of ongoing employment.

Special leave - This may be granted at the discretion of the organisation, with or without pay.

40


Tuition fees - These fees are paid directly to the educational institution in relation to the course. They do not include student contribution amounts or any general purpose fees.


Print Name: _____________________________ Date: _____________

Sign:__________________________________________

41


2.4 Termination, redundancy and resignation policy and procedure

Scope


Policy

<Electrical Contractor Pty Ltd> is committed to undertaking its obligations, as outlined in the Fair Work Act 2009, with regards to termination, redundancy and abandonment of the employment relationship.

An industrial instrument (e.g. Electrical, Electronic and Communications Contracting Award 2010 or Electrical Contracting ETU EBA) will stipulate the requirements of employees and employers in circumstances where the employment relationship has ended as a result of termination, abandonment, redundancy or resignation.

Employees whose employment is terminated will be issued with an Employment Separation Certificate (available at www.centrelink.gov.au ), upon request.

Termination

An employee’s employment may be terminated as a result of issues relating to their capacity or conduct or the operational requirements of the business. Employees will be given due notice (between one to five weeks - according to the position, age and length of service) or be compensated in lieu of notice.

Where termination is due to capacity or conduct the employee will be provided with the opportunity to respond to any allegations raised by <Electrical Contractor Pty Ltd>.

Following careful consideration of both the allegations raised and the responses provided by an employee, <Electrical Contractor Pty Ltd> will either continue or terminate the employment relationship.

A confidential record of the discussions and subsequent actions taken will be retained by <Electrical Contractor Pty Ltd>.

If an employee is summarily dismissed for a serious act of misconduct, the employee will not be provided with the period of notice of termination, that is otherwise required, and will only be paid up to the time of dismissal.

Resignation

An employee is required to provide notice of resignation to <Electrical Contractor Pty Ltd> in accordance with the applicable industrial instrument (e.g. Electrical, Electronic and Communications Contracting Award 2010 or Electrical Contracting ETU EBA). <Electrical Contractor Pty Ltd> requires the notice provided by employees to be in writing.

Failure to provide <Electrical Contractor Pty Ltd> with the required notice period may result in wages being withheld.

http://www.centrelink.gov.au/

42


Abandonment of employment

<Electrical Contractor Pty Ltd> may be entitled by law to cease paying an employee for the duration of an unauthorised absence. If the staff member is absent without having obtained prior approval and it is for an extended period without adequate explanation, it will be assumed that their employment has been abandoned, and may be considered as terminated.

Abandonment will be assumed should all attempts to contact an employee be unsuccessful. Should the abandonment of employment result in termination, the employee will be advised in writing, by letter to the last known address.

Redundancy

Redundancy shall apply where the employer has made a definite decision that they no longer wish the job that an employee has been doing to be done by anyone, and only after careful consideration of its broader impact on organisational structure, plans and policies.

Should a position be made redundant, <Electrical Contractor Pty Ltd> will notify affected employees, in writing, of the redundancy. An employee’s redundancy will become effective from the final day of the notice period, unless a payment in lieu is made. The accrual of entitlements (i.e. annual leave and long service leave) will continue up until that last day of employment.

The period of notice (or payment in lieu) outlined in the applicable binding industrial instrument (e.g. Electrical, Electronic and Communications Contracting Award 2010 or Electrical Contracting ETU EBA) will apply, in addition to severance / redundancy pay (if applicable), should an employee’s position be made redundant.

Where the employer is obliged under a registered workplace agreement to make severance contributions to Protect, the contributions made by <Electrical Contractor Pty Ltd> will offset wholly or partially the amount of severance payment required of the employer.

Procedures

Termination

Wherever possible <Electrical Contractor Pty Ltd> will advise employees, in writing, that the employment relationship is being terminated or made redundant. The effective date of the termination will be advised in the written notice.

Resignation:

An employee must put in writing their intention to resign, indicating the proposed date of termination. Notice of resignation must be provided to the line manager prior to being forwarded to payroll for final payment processing.

Upon receipt of a notice of resignation, arrangements for an exit interview (either prior to or after the date of exit) may be made, dependant upon the circumstances and sensitivities related to the staff member’s employment.

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Unsatisfactory performance:

Timely and accurate records will be kept in relation to unsatisfactory performance by an employee. <Electrical Contractor Pty Ltd> will ensure that that the employee has been given appropriate instructions and written warning(s) prior to terminating the employment relationship.

An employee will be advised in writing should they continue to perform their duties unsatisfactorily.

Disciplinary procedures in relation to unsatisfactory performance or conduct may address: unacceptable work quality unsafe work practices wilfully failing to abide by reasonable and lawful directions excessive and/or unauthorised absenteeism abuse of sick leave having a poor attitude towards management or customers

Redundancy:

Adequate investigation, consultation, and prior approval from senior management, must be obtained if there is consideration of a reduction in staff numbers (e.g. redundancy, retrenchment). Staff members who are affected by these changes will have access to a variety of support strategies to assist them with future plans and actions for their work and career. Line managers are responsible for monitoring and managing the daily requirements of the affected staff member.

Abandonment of employment:

Prior to extended periods of unauthorised absences being deemed as abandonment of employment, attempts to contact the employee will be made. Should initial attempts to contact the employee be unsuccessful <Electrical Contractor Pty Ltd> will forward a letter by registered mail or express post to the employee’s last known address.

In this letter <Electrical Contractor Pty Ltd> will notify the date and time the employee was expected to present for work, the period of unauthorised absence to date, and a direction for the employee to make contact with <Electrical Contractor Pty Ltd> within a reasonable time frame (eg 48 hours) or by a specified date and time.

This action provides the employee with a reasonable opportunity to provide <Electrical Contractor Pty Ltd> with a reason for the unauthorised absence. In the absence of either a valid reason, or the failure to respond to this letter within the specified time frame will result in <Electrical Contractor Pty Ltd> deeming the employee as having abandoned their employment.

If this occurs a second letter should be forwarded to the employee’s last known address which sets out their final payment entitlements (if any).

Definitions

Redundancy

Redundancy shall apply where an employer has made a definite decision that the employer no longer wishes the job an employee has been doing done by anyone and this is not due to the normal and customary turnover of labour as recognised by the electrical contracting industry and that decision leads to the termination of employment of the said employee.

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Abandonment of employment

This occurs when an employee does not attend work for the normal performance of their duties, the absence is unauthorised, and the circumstances may be considered at law to indicate that the employee is unwilling to continue with the employment relationship.

Serious misconduct

Serious misconduct includes wilful or deliberate, behaviour by an employee that is inconsistent with the continuation of the contract of employment and conduct that causes imminent, and serious, risk to the health, or safety, of a person; or the reputation, viability or profitability of the employer's business.

Industrial instrument

This is an award or registered workplace agreement that is made under or recognised under industrial law.

Procedural Fairness

Procedural Fairness ensures that employees have the right to be heard, the right to be treated without bias, the right to be informed of the allegations being made and the right to be provided with an opportunity to respond.


Print Name: _____________________________ ___ Date: __________

Sign: __________________________________________

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2.5 Travel and expenses reimbursement policy and procedure

Scope


Policy

The organisation will reimburse all authorised, reasonable out-of-pocket expenses that are incurred by an employee in the proper discharge of their duties, for which the employee must provide appropriate documentation to substantiate reimbursement.

All expense claims will be audited and when misleading claims are found, disciplinary action and/or dismissal may result.

Procedures

The employee must provide, in a timely manner and within 28 days of the expense being incurred, a bona fide tax invoice or copy of same attached to the expense claim reimbursement form.

Expenses may include:

Travel and accommodation directly related to the delivery of services Parking and tolls Meal allowances Itemised phone calls

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Definitions

Reimbursement

A payment is a reimbursement if the employee is compensated exactly for all or an agreed part of an expense already incurred, although not necessarily disbursed. With reimbursements in general, the employer considers the expense to be its own, and the employee incurs the expenditure on behalf of the employer, for example:

Expense claim reimbursement

Expenses that are incurred for approved business purposes and work-related contact with clients and employees of the organisation, or associated with the generation of revenue for the organisation.

Business kilometre reimbursement

This is for work-related travel only, which excludes travelling from home to work, or from work to home. The Australian Tax Office (ATO) schedules a rate annually that determines business kilometre reimbursement except where a rate is specified in an award or a registered workplace agreement.


Print Name: _____________________________ _____ Date: _________

Sign: __________________________________________

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2.6 Documentation

INDEX

2.6.1 Employment contract (Sample 1)



2.6.4 Employment contract (Clerical) (Sample 4)

2.6.5 Disciplinary process checklist (Sample)

2.6.6 First written warning (Sample 1)



2.6.9 Second/final written warning (Sample 1)



2.6.12 Termination of employment (Sample 1)



2.6.15 Redundancy letter (Sample)

2.6.16 Abandonment of employment (Sample 1)

2.6.17 Exit interview – resignation only (Sample)

2.6.18 Time Sheet (Workplace Ombudsman Sample)

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Employment Contract

1. I, _____________________________ , acknowledge and agree to observe and abide by the following conditions outlined in the company policy and procedures andcontained herein while employed by: _____________________________

2. My commencement date is _____________________________. The probationary period will operate from commencement of employment for a period of 3 months.

3. My <award / agreement> employment classification at the date of employment is: _________________

4. Except as identified in this document, the wages and conditions of employment will be in accordance with the relevant provisions of the _____________________________ <award / agreement> as applicable.

5. Conditions of my employment over and above those contained in the _____________________________ <award / agreement> are:__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

I have been made aware of company policies and understand that failure to comply with these may result in disciplinary action, and even dismissal. This contract is only to apply while I remain employed in a classification contained in the above named award / agreement.

Employee name: (Print) __________________________________________Signature: _____________________________________ Date: __________Witness name: (Print): ___________________________________________Signature: _____________________________________ Date: __________

Employer representative name: (Print) ______________________________Signature: _____________________________________ Date: __________Witness name: (Print): ___________________________________________Signature: _____________________________________ Date: __________

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Employment ContractI, _____________________________________, acknowledge and agree to observe and abide by the following conditions outlined and company policies and procedures while employed by ___________________________________________________________

My employment position is ________________________________________________

My commencement date at this classification is ________________________________

CONDITIONS OF EMPLOYMENT

Annual LeaveFour weeks paid leave for each year worked that accrues on a pro rata basis and is cumulative.

Annual Leave LoadingAn annual leave loading of 17.5% of wages or salary will apply to periods of annual leave.

Personal or Carer’s LeaveTen days of paid personal leave per annum for each 12 months of service, combination of sick leave and carer’s leave.

Public HolidaysPublic holidays will be taken in accordance with the National Electrical Electronic and Communications Contracting Industry Award.

Notice of TerminationEmployment shall be terminated by due notice (between one and five weeks according to the length of service, age and position) by either party.

Hours of Work38 ordinary hours plus reasonable additional hours.

Other ItemsConditions of employment not specifically mentioned shall be in line with those contained in the <name of award / agreement>.

I have been made aware of company policies and understand that failure to comply with these may result in disciplinary action, and even dismissal. This contract is only to apply while I remain employed in a classification contained in the above named <award / agreement>.



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Employment Contract

CONTRACT OF EMPLOYMENT (Specific contract/task/period)

ELECTRICAL, ELECTRONIC & COMMUNICATIONS CONTRACTING INDUSTRY

I _______________________________________ of ______________________________________________________________________________________,acknowledge and agree to observe and abide by the following conditions outlined in the company policy and contained herein while employed by:_____________________________________________________________________

My commencement date is____________, and the contract of employment is expected to conclude on _________________

My <award / agreement> employment classification at the date of employment is:_____________________________________________________________________

Except as identified in this document, the wages and conditions of employment shall bein accordance with the relevant provisions of the ___________________<award / agreement>, as applicable.

I understand the following:

I have been engaged to perform duties in accordance with <award / agreement> classifications as directed until the completion of the works associated with the contract known as:

__________________________________________________________________________________________________________________________________________

I have been employed to perform the following specific tasks:__________________________________________________________________________________________________________________________________________

If the project period is extended to beyond the expected completion date this contract may be extended by agreement between the parties, but this extension shall not constitute a further engagement.

Conditions of my employment over and above those contained in the above <award / agreement> are:

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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I have been made aware of company policies and understand that failure to comply with these may result in disciplinary action, and even dismissal. This contract is only to apply while I remain employed in a classification contained in the above named award / agreement.



Employment Contract

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2.6.4 Employment contract (Clerical) (Sample 4)

CONTRACT OF EMPLOYMENTbetween

<employee name> and <company name><month> <year>

Classification

You will be engaged on a <permanent (full – time / part – time or casual) basis as a <enter level> Administrative Officer.

Duties:

Duties for a <enter level> Administrative Officer includes: <insert task> <insert task> <insert task> <insert task>

Reporting:

All tasks are required to be signed off by <insert managers name>. All questions or issues should also be raised with <insert managers name>.

Commencement date:

Duties will commence on Monday <insert date>

Probationary period:

You will commence employment on a probationary period. The probationary period will operate from <insert commencement date> for a period of 3 months.

Minimum terms and conditions of employment

Your minimum terms and conditions of employment are outlined below in addition to that outlined in the Clerks – Private Sector Award 2010.

Entitlements:Hours of Work: The <full-time/part-time/casual> position as <enter level> Administrative Officer requires <insert number of hours> hours per week with possible reasonable additional hours.

Where reasonable additional hours are required to be worked, advanced notice will be provided by the <company>.

Meal break

A meal break of 30 minutes (unpaid) will be provided to employees for each 5 hours of service completed.

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Overtime:

All reasonable additional hours worked, will be paid at the overtime rate. Overtime will be paid at the following penalties:

Monday to Friday: time and one half for the first two hours, double-time thereafter.Saturday: time and one half for the first two hours double-time thereafter. Minimum 3 hours overtime on Saturday.Sunday: Double Time all day. Minimum 4 hours work.Public Holidays: double time and one half all day, minimum 4 hours work

Each day is ‘stand alone’ for the purpose of calculating overtime.

Leave entitlements:

Annual Leave: You are entitled to 4 weeks annual leave with pay for every 12 months of service plus a 17.5% leave loading.

Annual leave accrues on a pro-rata basis each four week period and is based on your nominal hours of work. As a full time employee you will accrue 11.7 hours annual leave for each four week period worked which equates to 2.923 hours per week.

Annual leave will be paid at your basic periodic rate of pay.

Personal/Carer’s Leave (including sick leave):

You are entitled to a combined total of 10 days paid personal/carer’s leave per annum.

Where you have exhausted your paid Personal/Carer’s leave entitlement you will be entitled to an additional 2 days unpaid carer’s leave on each occasion.

Personal/carer’s leave accrues on a pro-rata basis each four week period and is also based on your nominal hours. As a full time employee you will accrue 5.846 hours of personal/carer’s leave for each four week period worked which equates to 1.461 hours per week.

Personal/carer’s leave will be paid at your basic periodic rate of pay.

Compassionate leave:

You are entitled to 2 days paid compassionate leave for each occasion that arises. There may be more than one occasion during any twelve month period. This entitlement is in addition to the 10 days paid personal/carer’s leave entitlement.

Termination:

<insert company name> shall give to the employee the period of notice, or payment in lieu of notice, as specified in the table below:

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Period of continuous service Period of notice

1 year or less 1 weekOver 1 year and up to the completion of 3 years 2 weeksOver 3 years and up to the completion of 5 years 3 weeksOver 5 years of completed service 4 weeks

In addition to this notice outlined above, if you are over 45 years of age at the time the notice is given, with not less than two years continuous service, you will be provided an additional week’s notice.

The notice of termination you are required to give is the same as that required of <insert company name>.

If you fail to give the required notice, then < insert company name> has the right to withhold monies due to you to a maximum amount equal to the amount you would have received for the notice period.

Redundancy (only applicable if the employer has 15 or more employees)

Should your employment be terminated by reason of redundancy, you will be entitled to the following amount of severance pay in respect of a period of continuous service:

Period of continuous service Severance payLess than 1 year Nil1 year and less than 2 years 4 weeks’ pay2 years and less than 3 years 6 weeks’ pay3 years and less than 4 years 7 weeks’ pay4 years and less than 5 yeas 8 weeks’ pay5 years and less than 6 years 10 weeks’ pay6 years and less than 7 years 11 weeks’ pay7 years and less than 8 years 13 weeks’ pay8 years and less than 9 years 14 weeks’ pay9 years and less than 10 years 16 weeks’ pay10 years and over 12 weeks’ pay

This payment is in addition to the notice of termination payment that is required to be provided.

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I <insert employee name>have been made aware of company policies and understand that failure to comply with these may result in disciplinary action, and even dismissal. This contract is only to apply while I remain employed in a classification contained in the above named Award/ agreement.



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2.6.5 Disciplinary process checklist (Sample)IndexThis disciplinary process is recommended to ensure fairness and consideration for the employee and the organisation.

Activity ProcessCounselling sessionStep 1: Counselling and verbal warning process

Step 2: Counselling session and written warning

Step 3: Counselling session and final written warning

Step 4: Termination

Aim: To correct employee performance/behaviourConditions: Ensure employee is properly trained for the job; remove any genuine obstacles to the employee performing the job properlyAction: Line manager bring it to employee attention early and discuss in a constructive manner; date and sign record of discussion, and file; monitor employee performance/behaviour (give feedback if things improve)

Aim: (Refer Step 1)Conditions: Employee and line manager may each have another person in the session as a supportive observerAction: Review expectations set in previous counselling session; discuss issue(s) in review period in a constructive manner; provide written warning; date and sign record of discussion, and file; monitor employee performance/behaviour (give feedback, if things improve)

Follow Step 2: However, employee will receive final written warning stating clearly that if issues have not improved to the required standard, their contract of employment will be terminated. If no improvement, move to Step 4.

Aim: To terminate the employee’s contract with procedural fairnessConditions: (Refer Step 2); plus, collect and review all supporting documents; make decision to either terminate with notice or with pay in lieu of notice; have all HR information relevant to terminationAction: Explain the reasons for the termination, reviewing the previous steps taken; give the employee any information they need about payments, superannuation, entitlements and similar matters; date and sign record of the session, and file

Instant dismissalExamples of conduct or acts which may justify instant dismissal:- stealing; sleeping on the job; sexual harassment,; violence; criminal offences; neglect of duty; breach of trust; breach of safety procedures; being under the influence of alcohol or illegal substances

Aim: Inform the employee promptly of the allegation(s) against themConditions: (Refer Step 2); plus, if circumstances and time permit, stop the employee from working further while investigation takes placeAction: Consider the facts and findings from the investigation carefully; only terminate the employee’s employment if the facts confirm that the reason for dismissal justifies instant dismissal; date and sign record of the session, and file

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First Written Warning

<Date>


Dear <Recipient name>,

FIRST WRITTEN WARNING

I refer to our meeting of <Date> relating to your <attitude/performance – provide details> whereby you were warned regarding the above matter.

During that meeting you were given the opportunity to answer the allegation/s made against you. You were also offered the option of having an independent witness present. <You chose to have <Witness name> present as an independent witness. / You chose not to have an independent witness present.>

As a result of that meeting and taking into account your response to the allegation/s, I now advise you that this letter serves as an official warning. I also advise you that your <Performance/attitude – provide details> will be monitored by your supervisor, <Supervisor name> over the next <Period of time – number of days or weeks> and your position with <Company name> will be assessed.

Signature: _________________________________ Signature: ________________ (Employee or Employee representative) (Witness)Date: _____________________ Date: ____________________

I, hereby acknowledge that I have been warned by _________________________ in the presence of <Witness name>) regarding the matters set out above and agree that I was given the opportunity to answer the allegations made against me and have an independent witness present. <I chose to have/I chose not to have – insert applicable choice> as witness present during the discussions. I acknowledge that the facts as set out above are correct.

Employee name: (Print): ______________________________________________Signature: ___________________________ Date:____________Witness name: (Print): ______________________________________________Signature: ___________________________ Date:____________

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<Date>




Following investigations of the <insert incident> on <Date>, we are left with no alternative but to issue you with a disciplinary warning for unsafe work practice.

On <insert date>, you <insert incident>. This action resulted in <insert result of actions>.All employees have a duty of care when working in the presence of other employees. A person is <insert employer expectation>. An extract from the company policy booklet which explains this further is attached to this letter for your information.

This letter is a warning which is being recorded on your personnel file. We will be monitoring your performance for <insert duration> form the date of this letter and any further unsafe work practices will result in more severe disciplinary action being taken.

Regards,

<Employer representative name><Position>


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<Date>


Dear <Recipient name>


This letter follows on from our meeting held yesterday in my office with <Line manager name and position> and <Employee witness name>, also present.

At the meeting, you were informed that you would be presented with a first written warning letter following your <insert performance issue>.

It was drawn to your attention at our meeting that it is company policy for <insert policy>. We attach documentation from the relevant policy for your information.

Please be advised that a continual refusal to carry out instructions may result in the termination of your employment. We trust that you will make every effort to rectify this problem in your performance.

Should the required improvement occur, you can be confident of receiving the full support of both <Line manager name> and myself.

Regards,

<Company representative name><Position>


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Second / Final Written Warning

<Date>



<SECOND/FINAL> WRITTEN WARNING

This letter confirms the meeting which took place at our offices on <Date> between you and me.

The meeting was to discuss your <attitude/performance-provide details> and follows on from a meeting held on <Date - meeting after which the first letter of warning was sent>, after which you were given a written warning.

An opportunity to answer the allegations made against you was provided. You were also provided with the opportunity to have an independent witness present during the discussions. <You chose to have <Name> as your independent witness. / You chose not to have an independent witness present> during that meeting.

As a result of that meeting and following your response to the allegations, you are now given your second warning. Your <performance/attitude – provide details> will be monitored over the next <Time period> by your line manager, <Name>. If, at the end of that time, your <performance/attitude – provide details> has been assessed as not improving, then your employment with <Company name>) will be terminated.

Signature: __________________________ Signature: _________________________ (Company representative) (Witnesses name)

Date: ____________ Date: ____________

I, ……………………………… hereby acknowledge that I have received a second warning from ………………………………………….. This warning was issued after I was given the opportunity to answer the allegations made against me. I also acknowledge that I was given the opportunity to have an independent witness present during my meeting with <Name>. It was my decision <not to have/to have> as an independent witness present. I acknowledge that the facts as set out above are correct.

Employee name: _____________________ Witness name: _____________________Signature: __________________________ Signature: _________________________Date: _____________ Date: _____________

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<Date>



FINAL WRITTEN WARNING

We are issuing this <Second/final> warning letter following your poor attendance on <Date>.<insert example>

You will recall that you received a previous warning on <Date> for your poor attendance record. This latest instance is unacceptable behaviour and a further indication of poor attendance. These actions do not reflect a professional manner and attitude toward your responsibilities at work, nor to your workmates.

Your absence from work on both <Date1> and <Date2> is in breach of company policy. The relevant section of the policy is attached and highlighted.

This is a final warning that any further instances of poor work attendance will lead to termination of your employment with <Company>.

Regards,


ACKNOWLEDGEMENT

Employee name: _____________________ Witness name: _____________________Signature: __________________________ Signature: _________________________Date: _______________ Date: _______________

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<Date>



FINAL WARNING LETTER

This letter is to confirm the outcome of our discussions held earlier today.These discussions followed an incident <insert incident><Date>.

After investigating this matter, I am satisfied that <insert outcome>. When this allegation was put to you this morning, you said <insert response>. This response is not acceptable according to company policies.

<Recipient first name>, your actions are a breach of our <insert policy name> policy, which states that <insert relevant section of policy> whilst working for <Company>.

<Company> views this as a serious offence, and <Company> policy is that breaches of the <insert policy> can result in summary dismissal. On this occasion, it has been decided to issue you with a final written warning. Please be aware that any future breach of the <insert policy> is likely to result in your dismissal from employment.

This warning takes effect from midnight<Date>, for a period of <insert duration>. If there is no recurrence of a <insert policy> breach during that period, your record will be wiped clean.

<Recipient first name>, please observe this warning. Should you have any problem complying with the company <insert policy> throughout this period, I am available to discuss this with you, or nominate another suitable person to assist.

Regards,


ACKNOWLEDGEMENT

Employee name: _____________________ Witness name: _____________________Signature: __________________________ Signature: _________________________Date: _______________ Date: _______________

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2.6.12 Termination of employment letter (Sample 1)

Termination of Employment Letter

<Date>



NOTICE OF TERMINATION OF EMPLOYMENT

This letter is to confirm my verbal discussion with you, today, with regard to you being terminated from the company’s employment.

As you would be aware, you commenced employment with our company on <Date> in the role of <Position>.

The reason for your termination is <Reason/s>. As a result of this, we have no alternative other than to terminate your services effective from <Date>.

Your termination monies include outstanding wages, outstanding RDO’s, pay in lieu of notice and your outstanding annual leave entitlements. A payslip is attached to this letter which outlines the breakdown of the payments that will be made.

It is with regret that we find ourselves in this situation, but see no other option but to take this course of action. We wish you well in the future.

Regards,


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<Date>




Further to the meeting held in my office earlier today with <Name and position title of attendees>, and me, <Company> has been left with no alternative but to terminate your employment.

The reason for your termination is because of <insert reasons for termination>.

At the meeting this morning, specific details of the allegations were presented to you. <insert allegations>. The three specific incidents where we believe this has occurred are:

<Date, amount, location>



At the meeting this morning, you were given the details of the investigation which led to the above evidence. In response, you stated that <insert employee response>. This response is not satisfactory to <Company>.

<Insert name>, this behaviour is unacceptable and cannot be tolerated.

Payment of <Amount> will be made which represents payment up to and including <Date>, plus your accrued annual leave entitlements.

Regards,


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<Date>




This letter is to confirm that your employment with <Company> is terminated, effective today. This follows the meeting held earlier today between <Attendee names and position titles> and me.

The reason for your dismissal is your breach of <Company> <insert policy name> policy, which occurred <Date>.

At the meeting this morning, I informed you of the details of the allegations against you, and of my investigation into those allegations. Your response <insert response> is unacceptable to <Company>. Further, you have made no effort to discuss the matter with me or other relevant company personnel, although this was suggested to you today, and on a previous occasion.

As you are aware, you were issued with a final written warning on <Date>, following a similar breach of the <insert name of policy> policy. At a meeting on that date, you were informed of the details of that policy, and of the fact that a further breach would lead to your dismissal from employment.

Therefore, <Company> has to terminate your employment.

Payment of <Amount> will be made which represents payment up to and including <Date>, plus your accrued annual leave entitlements.

Regards,


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2.6.15 Redundancy letter (Sample)

Redundancy Letter

<Date>



REDUNDANCY

I refer to our meeting/s on <Date/s>and regret to confirm that your employment will terminate on <Date> by reason of redundancy. We have taken great care to ensure that the company’s criteria and compliance standards for selection have been applied fairly.

The statement with this letter provides a breakdown of the payments that you will receive when you leave. Please let me know if you consider any of the information to be incorrect.

You will be paid for any part of your annual holiday entitlement outstanding at the time of leaving the company. This will be included in your final payment and is subject to PAYE tax in the normal way. Any benefits due under the superannuation scheme will be advised separately.

I would like to take this opportunity of thanking you for your service to the company, and wish you well in the future.

Regards,


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2.6.16 Abandonment of employment (Sample 1)

Abandonment of Employment

<Date>



ABANDONMENT OF EMPLOYMENT

You have failed to present for work since <Date, which would be at least five working days earlier> and you have not contacted this company to explain and/or provide reasoning for your absence.

Due to the length of your unauthorised absence we are unable to keep your position open, as the work for which you are responsible is required to be undertaken. Our understanding is that you have abandoned your employment.

Your effective date of termination for our records is <Date - which is the date on which the employee last attended work or the date on which the letter would be delivered to the employee>.

As you failed to provide notice of termination, no monies are payable for the period since you last presented for work.

Your termination payments may be collected from our pay office on <Date of termination> after 10 a.m. If you wish to make other arrangements for payment of termination monies, please contact our pay office.

Yours faithfully


Exit Interview

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2.6.17 Exit interview – resignation only (Sample)Index

Name: __________________________ Date: ________________Job title: _________________________ Department: ________________Joining date: _________ Leaving date: ________ Years of service: _______

REASON FOR RESIGNATION (Tick applicable reason/s)

Working conditions Better job Personality clash Relocation Workload Location/transport Dislike work Insufficient pay/benefits Illness Retirement Working hours

These questions are designed to help evaluate the true reasons for leaving and to suggest ways of preventing this in the future. Statements in italics are to assist in interpretation of answers.

1 SELECTION

a) Outline the work you have been doing.

b) Has the job content matched the job description?

c) Is it the sort of work you expected to be doing when you joined? (Establish reasons)

d) Has the work you have been doing interested you? (Do answers suggest incorrect selection?)

2 TRAINING

a) Would you care to comment on any aspect of your training? (Note any features specially mentioned. Do answers suggest any particular types of training were inadequate?)

3 FINANCIAL

a) How do you feel about your pay? (Is attitude realistic?)

b) Do you think your pay increased sufficiently during your job? (Have increases been less than average?)

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4 SUPERVISION/PEER GROUP

a) How well did you get on with your supervisor? (Establish reasons for attitude)

b) Do you feel that your supervisor was good at the job? (Was supervision adequate?)

c) How did your supervisor handle any complaints that you had? (Was supervisor fair?)

d) What sort of troubles (if any) did you have with your supervisor? (Any evidence of poor supervision?)

e) How well did you get on with your work colleagues? (Establish reasons for attitude)

5 SUMMARY

a) Describe your overall feelings about the job and why you are leaving. (Are feelings reasonable and is/are stated reason/s true?)

The following questions are to be asked only if there appears to be some chance of the person reconsidering their decision.

b) Would you be prepared to remain in the job under a more satisfactory arrangement?Circle the applicable response YES / NO

c) What changes would you require? (Are these reasonable? Is the proposition workable?)

6 COMMENTS

a) Interviewer’s assessment of the real/actual reasons for leaving.

b) Interviewer’s recommendation for future action. (If required)

Interviewer’s name: (Print) ___________________ Position: _________________

Signature: ________________________________ Date: ________________

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2.6.18 Sample TimesheetIndex

Employee Conduct and Performance

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3 EMPLOYEE CONDUCT AND PERFORMANCE

3.1 Overview

Organisational success is directly related to individual and team performance: effectiveness is the ability to choose appropriate goals and then achieve them, and efficiency is the ability to utilise the available resources in the process of achieving goals.

Upward feedback from different levels of staff plays an important role as the organisation strives to maximise staff performance. This feedback can strengthen the working relationship between line managers and the team they lead, and can improve morale.

3.1.1 Performance management

Day-by-day comments and feedback from line managers help, but now and then there is a need to review all phases of an employee’s work performance. Performance management is the process to ensure that work is productive and that staff are achieving.

Performance review is a procedure that requires each line manager to evaluate the performance of every employee under his or her supervision. The line manager will discuss individual performance at the time of each performance review, pointing out how well the staff member is carrying out their job and suggest where and how improvements can be made.

The performance review is based on such factors as the quality and quantity of work as performed during the past year, knowledge of the job, initiative, attendance, personal conduct record and attitude toward the job and other employees.

3.1.2 Counselling and discipline

Performance gaps or behavioural problems may be dealt with, in private, through counselling by the line manager with the employee; thereby, allowing the issue to be resolved without a formal warning. A written record of the counselling meeting must be kept by the line manager.

All situations involving unsatisfactory work performance must follow the organisation’s disciplinary procedure to ensure fairness, and this may mean taking each of the following steps. (The period between each step may vary; in particular, when very serious issues require immediate or prompt resolution.)Step 1: CounsellingStep 2: First warningStep 3: Second warningStep 4: Third and Final warningStep 5: Dismissal

Mangers must have a witness from the organisation present at the discipline (warning) meetings, and reasonable notice must be given to employees to arrange their own witness to attend, if they choose to do so.

Hey Nick pls change this heading to EMPLOYEE CONDUCT AND PERFORMANCE


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3.1.3 Serious Misconduct

Serious misconduct is taken to include any of the following:

wilful, or deliberate, behaviour by an employee that is inconsistent with the continuation of the contract of employment

conduct that causes imminent, and serious, risk to either: the health, or safety, of a person the reputation, viability or profitability of the employer's business the employee, in the course of the employee's employment, engaging in one of the

following: theft fraud assault the employee being intoxicated at work the employee refusing to carry out a lawful and reasonable instruction that is

consistent with the employee's contract of employment

If reason for termination is for serious misconduct, no notice is necessary and payment is only required up until final day of employment.

Situations involving serious misconduct may require the following steps to be followed prior to the termination becoming effective:

Receipt of statement of allegations Suspension of employee on full pay while matter is being investigated (if applicable) The opportunity for the affected employee to respond Decision of appropriate action based on information and facts made available

3.1.4 Termination

Upon termination, each employee must immediately hand over all samples, records, documents, letters, papers, computer hardware and software, and other material of every description (including all copies and extracts of same) within their possession or control relating to the affairs and business of the company.


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3.2 Company property and technologies policy and procedure

Scope


Policy

This company is committed to providing adequate and appropriate equipment, facilities and technologies of good condition and functionality to facilitate the provision of a variety of goods and services to internal and external customers.

Employees are obliged to support this policy through ensuring that such equipment, facilities and technologies are:

used safely, responsibly, legally, appropriately, and only with prior approval returned from use in good and clean condition and functionality assessed for risk or potential hazard, and any and all damage, faults and concerns are

reported to the appropriate company representative ceased use and returned prior to exiting the company

Company vehicles

All statutory and workplace road rules shall be adhered to at all times, and management will provide approval for authority to drive to particular employees who hold a current driver’s license (of the appropriate class) that is acceptable to the Country, State or Territory in which the vehicle is to be driven.

Vehicle operators found to be in breach of these rules (including speeding and parking fines) shall be responsible for any prosecutions, fines or penalties incurred through breach of the rules (without any obligation from the company to assist or contribute in any way) and may lose their right to operate the vehicle.

This organisation will not be responsible for damage to vehicle or loss of company or private tools and equipment after hours if the vehicle is not garaged at the vehicle operator’s normal residential address.

This organisation will not be held responsible for any insurance claims made if the above requirements are not followed.

Information technology

Information technology (that is, the Internet, email, company software and hardware infrastructure and other electronic communications) is considered to be a corporate resource and is to be used with discretion, confidentially, and for business-related purposes only. All messages, information, data and associated file attachments sent by employees using the company’s computer and telecommunications networks are the property of the company and management have the right to view, track, record, copy or delete the contents of an individual’s mail file at their discretion.

Each user is individually accountable for their behaviour and is responsible for the protection of the company’s assets and systems. Use of internet access is conditional on compliance with the company’s Conflict of Interest and Confidentiality policy and procedures.


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Procedures

Company property must not be removed without authorisation nor used for personal benefit or any other improper purpose. Company property may only be given away, loaned, destroyed or otherwise disposed of, if this action is properly authorised, no matter how old or damaged.

Company vehicles

All employees should be fully aware of the conditions of use for company vehicles, regardless of whether or not they have been issued with a company car.

It is the employee’s duty to advise the appropriate company representative if, at any time, they do not possess a current, valid driver’s licence. Any employee who drives whilst not possessing an appropriate driver’s licence will be deemed guilty of misconduct.

Drivers must observe all laws and regulations regarding the operation and parking of company vehicles. Penalties incurred through conviction or on-the-spot fines for breaches of road laws or parking infringements are the sole responsibility of the driver.

Vehicles are to be used for work purposes only and employees will not use vehicles after hours, carrying non-employees or for private use without prior management approval.

If permission or approval is given for private or other non-company use of a company vehicle, then the employee concerned must pay for all expenses relating to same (e.g. petrol, oil, and fair wear-and-tear). If damage to the vehicle or contents occurs whilst the vehicle is being used for private use, then all costs attributed to the damage must be paid for or up to the value of the excess on the insurance for that particular vehicle, and any other out of pocket expenses that the company incurs.

Company vehicles must always be kept clean, inside and out, during and after use. The person responsible for the company vehicle at the time of use must ensure a reasonable load/weight on board. Approved vehicle users must report any and all damage, faults and concerns to management to ensure that adequate and appropriate maintenance is carried out regularly at a company nominated vehicle service centre.

In the event that a company vehicle is involved in an incident causing damage to the vehicle, third party property, or injury to persons, the driver must attempt to obtain the following details: date, time and location of event; other persons and vehicles involved (name, address, registration number); names of any injured person and nature of injury (as far as is known at the time); description of damage to company vehicle and other damage incurred; and, names and addresses of witnesses.

Also, the event must be reported on an accident report form, as soon as practicable, and repairs, towage etc. should only be authorised at the time to the extent needed to avoid further risk or damage, or as required to secure an undriveable vehicle; admissions of liability to the other party/parties should not be made; and, in the event of injury to persons, assistance must be provided and the police must be notified by the driver, according to law.


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Information technology

Use of these technologies, including accessing, downloading, sending and receiving activities, is monitored and managed regularly to ensure that the company is protected from threats of error, fraud, defamation, discrimination, harassment or privacy violation, and incidences of improper use will be closely investigated. Offenders will be subject to the company’s disciplinary procedure and, where appropriate, sanctions arising out of Commonwealth and State legislation.

In the event of any confusion regarding the interpretation of this policy, or related guidelines and procedures, employees must refer to their line manager. Failure to comply with the guidelines will be viewed seriously and may lead to the termination of employment.

The following information is forbidden to be received, sent or responded to:

commercially confidential information to competitors “junk mail” (e.g. chain letters)

It is therefore the responsibility of every employee to refrain from using unnecessary or inappropriate messages on email.

Serious consideration should always be given to possible implications of a sensitive message becoming lost, misdirected, or even “discovered” by hackers and court orders. All employees must realise that when they are using email they are “publishing” any facts or views that they know of, and that the publication of such makes this information admissible as evidence in litigation proceedings.

Mobile phones and telephones

Company issued mobile (cellular) phones and office phones must not be used for private calls, 0055 numbers or ISD calls (international) without authorisation.

Use of mobile phones is prohibited while driving a vehicle that does not have hands free facilities.

Personal mobile telephones are only to be used during authorised breaks or in the case of an emergency.


Print Name: ______________________ Date: _____________

Sign: ___________________________


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3.3 Conflict of interest and confidentiality policy and procedure

Scope

This policy is applicable to all employees and contractors.

Policy

This organisation has a responsibility to ensure that its activities and those of its employees and contractors conform to acceptable standards of integrity and good conduct. All employees and contractors undertaking activities on behalf of this organisation must avoid legal, financial, ethical or other conflicts of interest, and ensure that their activities and interests do not conflict with their obligation to the organisation. Employees and contractors must avoid conflicts of interest, act in good faith, and behave with propriety when making decisions about matters related to the company. The potential for a conflict does not necessarily imply wrong doing on anyone’s part. Disclosing company specific and/or sensitive information (e.g. tender information, quotations etc) to any external party will be considered a breach of this confidentiality clause and may lead to termination of employment.

Employees and contractors also have a common law obligation of confidentiality and loyalty of service to the organisation and must ensure that sensitive and confidential matters relating to the work or the administration of the organisation are not improperly disclosed, either internally or externally.

Procedures

In relation to intellectual property, employee obligations continue after termination of employment and may be enforceable at law or in equity by the organisation, at any time.

Any concerns about potential consequences of revealing particular information must be disclosed to the line manager, or another manager.

Any areas of doubt or commitment to another staff member or external company or individual that may be seen, or may have the potential to be seen, as a conflict of interest, should be discussed with the line manager or senior management.

Outside activities are to be separated from company work and outside employment should not be undertaken without notifying the relevant line manager. Also, any outside activity must not involve the use of company property, information, money, facilities, time or the services of fellow workers nor affect either the individual’s work or someone else’s, or which could discredit either the individual or the company, or which could conflict with the company’s interests.


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Definitions

Conflict of interest - This occurs when employee or contractor private interests may influence or compromise the actions of that employee or contractor in the execution of their tasks for this organisation, including decision-making, managing and monitoring activities, or unduly influencing relationships.

Areas of conflict - Potentially, conflicts of interest can occur in commercial interests, ethical, political or religious views or personal relationships.

Confidentiality agreement - Unauthorised use of the employer’s information, during the employment period and after employment is terminated, is prohibited. Signing the employment contract acknowledges this agreement.


Print Name: ______________________ Date: _____________

Sign: ___________________________


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3.4 Dress and appearance code policy and procedure

Scope


Policy

The company’s commitment to providing excellent service to internal and external customers is reflected in the attitude and behaviour, and presentation, of its employees. Having a professional relationship with clients is in the interests of both the company and each employee, and an important aspect of maintaining that relationship is through a demonstrated professional image.

It is a condition of employment that company clothing is always worn to company standards, and employees who do not arrive for work in the specified dress and appearance code will be sent home to change, in their own time.

Employees must always be well presented, taking particular care with their appearance (i.e. personal hygiene, clean hair, well shaven or neatly trimmed beard, etc.) and attire (that is, clean and well pressed appropriate personal and/or company clothes, clean boots, etc.).

Garments worn must be appropriate to the task, and this also requires attention to personal safety and the safety of others. Specified guidelines for particular work environments must be followed, and any uncertainty regarding acceptable appearance and attire is to be clarified with the relevant line manager.

Procedures

A professional image and high standards of customer service are established and maintained through appropriate conduct and effective performance of duties, and by maintaining a neat appearance at all times, including clean work attire and uniform items (as required, and worn to company standards), shaving daily or ensuring neatly-trimmed facial hair, and wearing a minimum of facial jewellery and visible tattoos.

All line managers will monitor employee conduct with regard to the company’s dress and appearance code guidelines and will initiate a disciplinary procedure to ensure a fair process is followed where conduct, care or presentation is unacceptable. If a situation is so serious that it requires immediate or prompt resolution (for example, open-toed footwear on a building site), then it would be unreasonable to follow a step-by-step process.

If employees are required to wear company apparel or uniforms, these will be issued by the company after a trial period, and must be worn, handled and maintained with care and respect, at all times. Upon termination of employment for any reason, all company apparel and accessories should be returned to the company.


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Definitions

Dress and appearance code guidelines - Guidelines include the use of personal protective equipment (refer OHS); wearing of jewellery and facial ornaments (refer OHS); hair length and style (refer OHS); and other guidelines such as: personal hygiene, maintenance, care and presentation of uniforms and business apparel.


Print Name: ______________________ Date: _____________

Sign: ___________________________


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3.5 Grievances and complaints policy and procedure

Scope


Policy

This company is committed to providing a work environment that demonstrates equal employment opportunity, discrimination-free and safe work practices and procedures.

Grievances and complaints will be taken in good faith when an employee believes that the integrity of their work or work environment is under threat or compromised by person(s) behaving in an intimidating, inappropriate and/or unfair and unreasonable manner.

All employees are entitled to a formal procedure for resolution of work-related grievances where the emphasis is on resolution. Investigations and the resolution of grievances should be completed within a reasonable time and given a high priority. Prompt resolution is of the utmost importance to the complainant, and the complainant should be kept informed of the progress of their grievance investigations.

In the case of less serious grievances, employees are encouraged to raise a grievance with their line manager. However, if the grievance is of a serious nature or may be against their line manager or a person with line responsibility over the line manager, the person with the grievance may choose to consult with other (nominated) personnel.

Company guidelines support this formal procedure when a grievance is lodged:

1. Identify the problem, issue or incident2. Identify the expected outcome3. Clarify policy, procedures and protocol4. Investigate the source of the grievance5. Follow-up6. Documentation of the problem, issue or incident7. Disciplinary action8. Legal aspects9. Frivolous, vexatious and/or malicious complaints

Procedures

Every attempt to resolve any difficulties will be made by the line manager after discussions with the complainant. If resolution is not achieved within two weeks, or if the relationship between the staff member and the line manager cannot support such a discussion, then a member of senior management will be involved to attempt resolution of the issue in conjunction with the staff member and their line manager.

All details and incidences that relate to a grievance, complaint or dispute must be recorded by the line manager, and senior management, if applicable.

If the grievance, complaint or dispute remains unresolved after a period of two weeks, then senior management will propose an appropriate resolution in the circumstances.

The employee is entitled to have a representative present at any, or all, discussions.It is the policy of this organisation to eliminate lost time in the event of a dispute.


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The most effective procedure to achieve this is for the responsibility for resolution to remain as close to the source as possible, and that the parties agree to strictly adhere to the dispute settlement procedure as follows:

Employee and line manager shall make every effort to genuinely resolve any matter prior to the involvement of a third party

Work shall continue without interruption (within reason) whilst the employee discusses the dispute with the employer’s site representative, and both parties shall attempt to reach agreement as quickly as possible

A dispute shall not be referred to a higher level until a genuine attempt to resolve the matter has been made between the employee and line manager

Failing a satisfactory settlement being achieved following the above discussions, the dispute shall be referred to Fair Work Australia for resolution and the decision of FWA shall be binding on both parties

Whilst subject to the disputes procedure, work will continue as normal until the matter is resolved

It is in the best interest of both parties to achieve prompt resolution of disputes

Electrical Contracting ETU EBA-based employers who are unable to resolve a dispute at the workplace level may make an application to the Electrical and Communications Industry Disputes Board (Disputes Board) for conciliation and if necessary, arbitration.

A determination of the Disputes Board shall be final and binding on the parties. There are some agreement clauses that provide exclusive jurisdiction to the Disputes Board which means there is no right of review. For all other agreement clauses either party may apply to Fair Work Australia to have a determination of the Disputes Board reviewed. Any application for review must be lodged within 14 days of the Disputes Board determination. Alternatively and if the matter in dispute is not one which provides the Disputes Board with exclusive jurisdiction, then either party may submit an application to Fair Work Australia for conciliation and/or arbitration. Any decision of Fair Work Australia shall be final and binding on both parties, subject to either party exercising a right of appeal against the decision to a Full Bench of FWA.

Definitions

Grievance - This is any type of problem, concern or complaint related to work or the work environment. A grievance may be about any act, omission, situation or decision that is considered to be unfair, discriminatory or unjustified.

Confidential - Only the people directly involved in making or investigating a complaint will have access to information about the complaint.

Impartial - Both sides will have a chance to tell their side of the story. No assumptions will be made and no action will be taken until all relevant information has been collected and considered.


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Free of repercussions

No action will be taken against anyone for making a complaint or helping another person to make a complaint.

Timely

All complaints will be dealt with as quickly as possible. We aim to resolve all complaints within a reasonable timeframe.


Print Name: ______________________ Date: _____________

Sign: ___________________________


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3.6 Performance management policy and procedure

Scope


Policy

This company will assist employees to perform to a high standard through the setting of performance objectives against company goals, and providing regular feedback and personal and professional development opportunities.

All employees are expected to conduct themselves in a manner that reflects self-respect and safety for themselves and which respects the rights and welfare of others who are associated with the company. Employees are expected to follow company policies and procedures, to act in good faith, and to show competence and care while performing their duties.

Performance management is a key strategy of this company to develop and retain employees, optimising their contribution and enabling employees to achieve their personal and professional goals.

Work expectations will be made clear to the employee prior to commencement of employment. <Electrical Contractor Pty Ltd> will ensure that the current performance procedures in place actively and effectively enable the development of each employee’s performance.

Action will be taken to address any underperformance or misconduct in situations where an employee is not able to demonstrate performance or conduct to a satisfactory standard. Such action will occur in a timely manner.

For effective management of staff it is encouraged that employees provide feedback to managers/supervisors and point out areas of strength and areas that need possible development. Management/supervisor feedback can be anonymous and provided in written or verbal form.

Procedures

A professional relationship with internal and external customers is achieved through appropriate conduct and effective performance of duties, and by maintaining a neat appearance, at all times. All staff are involved in a process of continuous, informal performance appraisal, review and development. Individual performance is formally assessed, annually.

Through the underperformance or misconduct process, it is intended that an employee will improve their performance or conduct and continue to contribute to the mission and goals of the company.

Continuing underperformance or misconduct may result in disciplinary action. Serious misconduct may result in termination of employment. Disciplinary action may involve:

formal counselling of an employee by an appropriate line manager giving an employee a written warning (including, where appropriate, a final warning) censure of an employee withholding an increment demotion of an employee other action as recommended by a review committee


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termination of an employee’s employment In any of these circumstances, the employee: will be afforded procedural fairness through any process to manage underperformance

or misconduct may seek procedural advice from a relevant person have the right to representation may seek a review of the decision

A manager (or senior management) may initiate instant dismissal of an employee in very specific instances, such as wilful damage to company property, significant breach of corporate confidentiality, physical violence toward co-workers, line managers, customers or others on company property while on duty, blatant unsafe conduct which would endanger the employee, others in the area, or the public.

Definitions

Misconduct

This means dereliction of duty or wilful conduct that is unsatisfactory. The Code of Conduct will be referred to when determining whether conduct is, in fact, misconduct.

Performance appraisal

This involves a formal review of the employee’s performance and achievement of agreed-upon goals and objectives over a specified period of time.

Performance counselling

This is to inform the employee that a performance gap is evident, and then to discuss the reasons for the gap, and what actions can be taken to ensure that the employee meets performance targets and standards.

Performance management

Continuous improvement processes that allow the company to set expectations of individual employees, measure how these requirements are met, and to determine an action plan to maintain or develop appropriate behaviours and performance.

Underperformance

This means failure to meet the performance standards of the position.


Print Name: ______________________ Date: _____________

Sign: ___________________________


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3.7 Training and development policy and procedure

Scope


Policy

This company is committed to providing employees with the appropriate knowledge, skills and attitudes to help them perform their current job satisfactorily, and contribute to improving product and service quality, productivity and competitiveness for the company.

Induction and orientation to the company and to the work environment are important measures that create a favourable impression of the company to the new employee and initiate good working relationships and practices.

An annual training and development plan will be prepared for each employee by the line manager that meets division and company requirements, and it will be reviewed and updated regularly and authorised by senior management.

If training is directed to be undertaken during normal working hours, the employee concerned will not suffer any loss of pay. Where the Employer directs an employee to undertake mandatory job related training after hours, payment for such training shall be made.

Where an employee requests to undertake further training for developmental reasons, payment for time spent training and costs associated with the course/training will be negotiated at the workplace level.

Procedure

An induction checklist (see 3.8.2) must be completed and signed by the new employee and the line manager, and filed in the Human Resources staff member file.

Employees are required to submit a further study application or training and development request, and obtain management approval before committing to any action.


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Definitions

Induction

The process of receiving and orienting employees when they first join a company, enabling them to settle into their job after being given a basic introduction to the job and to the rules of the company.

Training and development

Generally, training focuses on the knowledge, skills and attitudes required to perform employees’ current jobs. Employee (and management) development is learning of a long-term nature and aligned to career planning.


Print Name: ______________________ Date: _____________

Sign: ___________________________


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3.8 Documentation

INDEX

3.8.1 Code of conduct (Sample)

3.8.2 Induction checklist

3.8.3 Performance review (Sample 1)




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3.8.1 Code of conduct (Sample)

Code of Conduct

The Code of Conduct is to be read and signed by each Employee and placed in the employee HR file.

All employees shall understand and accept the following:

Treat co-workers, customers and the public with honesty, courtesy and respect Respect and safeguard the property of the company, co-workers and customers Maintain confidentiality of all company, customer or other parties’ information

gained through our work Perform our duties, including all business activities and financial transactions, with

integrity and in an honest, fair and reasonable manner Work in a safe, responsible and effective manner, accepting responsibility for

oneself, co-workers and others on company property, maintaining a safe work environment and reporting unsafe working conditions to management

Obey all laws relevant to Australia, and the relevant State Avoid consumption of alcohol or drugs (including medication) that may affect the

safety and welfare employees, employers and clients, or impact upon the company’s work and public relations, nor violation of any national or state drinking or driving laws.

Maintain a professional relationship with clients, at all times and in all situations, which is in the interests of the company and all employees.

Business records can only be destroyed with authorisation and in accordance with approved company policies and rules.

Certificates of Electrical Safety must be completed for all work undertaken in accordance with legislation (Electricity Safety Act 1998).

Take care of company property, especially when it is under an individual staff member’s control.

Disclosure of company specific and/or sensitive information (e.g. tender information, quotations etc) to other contractors or outside the company will be considered a breach of confidentiality and may lead to termination of employment.

Take suitable measures to inform the appropriate company representative and/or deal with (or avoid) situations where there may be a possible conflict of interest in relation to the company’s interests, and the employment agreement.

Commit to excellent customer service which includes:o considerate, effective and efficient processeso promises, and our word, are kepto products and services suit our customers’ needs and meet safety and

utility requirementso meet, and where possible, exceed our customers’ expectations; provision

of friendly, willing, courteous service (i.e. direct or supportive contact, verbal or written)

o equal consideration of existing, new and potential customers Avoid becoming involved in any disputes that do not directly concern the Company. Possess a current, valid driver’s licence, at all times and in all circumstances, if

required to drive a company vehicle. The electrical licence must be carried at all times, as required. Positively maintain and contribute to the work environment that is free of unfair

discrimination, bullying and harassment, of any kind. Abide by all other company policies.


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I, _________________________________, understand and agree to abide by the Code of Conduct, and all company policies and procedures.

Signature: _________________________________ Date: _________________

(Employee)

Witnessed by: _________________________________ Date: _________________

(Manager/Employer)


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3.8.2 Induction checklist (Sample)

Induction ChecklistName: _____________________________________________________________________Position: ________________________________________ Date: __________________Line manager: ______________________________________________________________1. Introduction Welcome! Introductions to key managers and staff members2. The company Company history, principal business operations, mission and values Key business objectives Organisational structure/chart3. Human Resources Employment contract (terms and conditions) Human Resources policies and procedures Code of Conduct 3-month probationary period Grievance/complaint procedure (internal)4. Payroll/Personnel forms Personal details form Employment declaration (TFN) Superannuation application Superannuation Choice Form (where applicable) Payroll department notified of new employee5. Occupational Health & Safety (OHS) and Security OHS policies and procedures Hazard and injury reporting procedures and forms Construction industry basic induction (i.e. red card) Personal Protective Equipment (PPE) requirements Warning alarms Location of emergency alarms, emergency manual, fire exits, fire fighting equipment Emergency evacuation routes and assembly points Location of First Aid Kit and First Aider/s Security procedures, including after-hours access Tour of premises (staff facilities, parking, entrances and exits)6. General discussion Work attire/uniforms Pay day Rosters/leave/sick days Local shops, cafes, Post Office, banks

The above duties have been completed and signed-off, on ______________________

_________________________________ ________________________________(Employee signature) (Line manager signature)


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Performance ReviewRecord all relevant third-party feedback, and complete this form during the performance review with employee and line manager comments. Sign-off, and file in Human Resources.Employee:

Date of Review: Time:

Line manager:

Quality of Work

Knowledge of job

Initiative

Attendance

Conduct

Other comments

Employee: ___________________________ Date: ________________(Signature)

Line manager: ___________________________ Date: ________________(Signature)


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Performance Review

Employee: ___________________ Date & Time: ___________________Position: ___________________ Reviewer: ______________________

Ratings: 1 = Not acceptable 2-4 = Needs improvement 5-7 = Adequate 8-9 = Very good 10 = Excellent

PERSONAL CHARACTERISTICS RATINGSAppearance 1 2 3 4 5 6 7 8 9 10Personality 1 2 3 4 5 6 7 8 9 10Friendliness 1 2 3 4 5 6 7 8 9 10Courtesy 1 2 3 4 5 6 7 8 9 10Handles pressure 1 2 3 4 5 6 7 8 9 10Enthusiasm 1 2 3 4 5 6 7 8 9 10Comments:

JOB CHARACTERISTICS RATINGSQuality of work 1 2 3 4 5 6 7 8 9 10Accuracy 1 2 3 4 5 6 7 8 9 10Quantity of work 1 2 3 4 5 6 7 8 9 10Job knowledge 1 2 3 4 5 6 7 8 9 10Initiative 1 2 3 4 5 6 7 8 9 10Ability to learn/understand 1 2 3 4 5 6 7 8 9 10Ability to work unsupervised 1 2 3 4 5 6 7 8 9 10Attendance 1 2 3 4 5 6 7 8 9 10Commitment to job 1 2 3 4 5 6 7 8 9 10Comments:

OVERALL CONSIDERATIONS RATINGSCooperation 1 2 3 4 5 6 7 8 9 10Attitude 1 2 3 4 5 6 7 8 9 10Job performance 1 2 3 4 5 6 7 8 9 10Sharing knowledge 1 2 3 4 5 6 7 8 9 10Creativity 1 2 3 4 5 6 7 8 9 10Safety awareness 1 2 3 4 5 6 7 8 9 10Further advancement 1 2 3 4 5 6 7 8 9 10Comments:

Line manager: __________________________ Date: ________________ (Signature)

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Performance ReviewSelect the questions that are relevant to the employee, and tailor them to highlight key aspects within their performance review.

1. What duties do you perform in your current role?

2. Which work objectives and key tasks do you feel satisfied with?(Ask for examples or specific observations)

3. What parts of your job do you ‘not like’, and why?

4. What tasks or standards could you perform more effectively?

5. What changes could improve your performance?

6. What suggestions do you have to improve the overall efficiency of your job or the company, in general?

7. Are there any particular issues/processes that cause you concern?

8. Would extra training assist you in your job function? If YES, what courses, or in which areas/skills?

9. Are there any job functions that you perform that could be done by another person/area, or that may be a waste of time?

10. Do you have any special skills that are not being used in your present job, but which could be of value?

11. Do you think your remuneration fits your area of responsibility and skill level?

12. Do you intend to stay with the company long term?

13. Do you feel part of the team? If YES, in what way(s)? If NO, how could that change?

14. Do you feel your efforts are appreciated?

15. How would you describe your current level of job satisfaction?

16. Is the company meeting your personal and professional needs/goals?

17. Do you have any further comments?

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Equal Employment Opportunity (EEO)

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4 EQUAL EMPLOYMENT OPPORTUNITY (EEO)4.1 Overview

Equal Employment Opportunity (EEO) can be defined as a policy that ensures that people with equal probability of job success have equal probability of being hired for or promoted to the job. The federal and state governments have legislated to prohibit certain types of discrimination in employment.

EEO groups are people affected by past or continuing disadvantage or discrimination in employment (e.g. may be more likely to be unemployed or working in lower paid jobs). These groups are: women, aboriginal Australians and Torres Strait Islanders, members of racial, ethnic, and ethno-religious minority groups and people with a disability.

4.1.1 Objectives

Equal Employment Opportunity (EEO) involves:

Ensuring that all workplaces are free from all forms of unlawful discrimination and harassment

Having workplace rules, policies, practices and behaviours that are fair and do not disadvantage people who belong to particular groups

Valuing and respecting all employees Providing opportunities for all employees to develop their potential and career path Providing programs to assist members of EEO groups to overcome past or present

disadvantage

4.1.2 Strategies

‘Fairness and Opportunity’ is a key area of human resource management that emphasises the importance of services that promote social justice and reduced disadvantage. Effective equity and diversity strategies are therefore critical elements of a workforce management plan.

A skilled and diverse workforce can be achieved through actions such as:

needs-based employment programs work-related adjustments for people with a disability staff training to identify and implement workplace change which

supports EEO group participation

Strategies for these groups include recruitment programs and access to training and career development which will contribute to:

a diverse and skilled workforce improved employment access and participation by EEO groups a workplace culture displaying fair workplace practices and behaviours attraction and retention of the best people from all those available in the diverse

communities to deliver high quality services training and development, including management development, for members of EEO

groups establishing EEO group networks English language programs to those staff who need them


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4.1.3 Legislation

Federal

Affirmative Action (equal employment opportunity for Women) Act 1986Human Rights and Equal Opportunity Commission Act 1986Racial Discrimination Act 1975Sex Discrimination Act 1984Disability Discrimination Act 1992Fair Work Act 2009

State

Equal Opportunity Act 1995

4.1.4 Benefits

Employees benefit by:

working in a fair environment which is free from unlawful discrimination and harassment

equal access to jobs, training and other development opportunities fair processes to deal with work-related complaints and grievances

Companies (and managers) benefit by:

more co-operative workplace relations and reduced workplace conflict increased employee job satisfaction and morale increased productivity improved efficiency of staff and better services to customers through the selection of

the best applicants skilled staff are encouraged to remain improved quality of work


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4.2 Equal opportunity, harassment and bullying policy and procedure

Scope

This policy is applicable to all employees and contractors.

Policy

This company is committed to facilitating a workplace culture that maximises company performance through fair and equitable employment decisions based on genuine business needs, and without regard to non-relevant criteria or distinctions.

All employees and applicants for employment will be considered fairly, in accordance with their experience, qualifications and abilities. All decisions regarding employee issues must comply with company obligations under relevant legislation, and are to be based on merit. In all cases, performance and competence are to be used as the basis for performance assessment, training and development opportunities and promotions.

All managers, supervisors, employees and contractors are made aware of their obligations and responsibilities in relation to equal employment opportunity, and ongoing support and guidance is provided to all employees in relation to equal employment opportunity principles and practice.

Discrimination, harassment and bullying are unacceptable and unlawful pursuant to state legislation (Equal Opportunity Act 1995, Racial and Religious Tolerance Act 2001) and federal legislation (Sex Discrimination Act 1984, Racial Discrimination Act 1975, Disability Discrimination Act 1992, Human Rights and Equal Opportunity Commission Act 1986) and various Occupational Health and Safety legislation.

As part of this commitment, the company will not tolerate any form of discrimination of any employee by any other employee or group of employees, and will respond promptly to requests for information or other related enquiries, including:

problems with discrimination or harassment grievance procedures merit selection issues

If the company finds that any employee has been knowingly involved in any form of discrimination, harassment or bullying, serious disciplinary action will be taken which may lead to dismissal.

It is critical that each employee treat all colleagues and customers with respect and professionalism without regard to non relevant criteria or distinctions. Appropriate efforts will be made to ensure that all employees are aware of this policy and all employees must support and observe it.


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Procedures

Examples of unfair discrimination may include, distinctions made in favour or against a person on the basis of gender, partner preference, race, marital status, age, religious beliefs and in some instances intellectual or physical impairment.

Any employee who believes they have been discriminated against and treated unfairly is urged to advise their line manager (or other relevant senior employee) who will investigate and then take the appropriate corrective action without the employee needing to fear that raising such an issue might affect their career.

On becoming notified of any discrimination, harassment or bullying of any person involved with, employed by, or under the control of the organisation, the obligation is to immediately action the appropriate processes to ensure the issues of all affected parties are reviewed in a timely, sensitive and confidential manner. Where such instances cannot be dealt with by the company management, the appropriate authority shall be notified for immediate action.

The manager will ascertain the nature of the complaint and the wishes of the complainant. The complainant does not have to request a full formal investigation if they will be satisfied by less formal treatment of the issue. The company reserves the right, however, to initiate any investigation it considers necessary.

If a formal investigation is to be instigated, the manager and the human resources officer should consult with the complainant to determine the process to be used.

The following general principles should be used in conducting the investigation:

treat the complaint seriously, with prompt, confidential attention identify complainant’s wishes as to outcome explain and consult with complainant regarding next action and process

If investigation is not requested and does not appear warranted: ensure the human resources officer is advised as soon as possible maintain confidentiality through restricted discussion act promptly while the issue is current keep notes of key points

If investigation is agreed: involve the human resources officer interview separately all directly concerned interview separately witnesses keep records of investigation (not on personnel file) make no assumptions of guilt ensure confidentiality wherever possible through minimal disclosure determine appropriate action after consideration of the facts and after consultation with

the complainant and possibly the accused

Details of the investigation and associated documents are to be kept securely and separately from the personnel files of the people involved. Access to information and files will be restricted to authorised persons only. Information gathered and stored may be destroyed after a period of two years.

Managers are responsible for ensuring that any resulting decisions are implemented. There should be no repercussions for any individual involved in the resolution of an issue, other than possible disciplining of the offender should the concerns be proven.


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Proceedings should be referred to the human resources officer if the circumstances of the complainant or potential outcomes (e.g. involvement of an external party or agency) require authority for action.

Managers and the human resources officer are responsible for reviewing complaints and their outcomes to seek improvements in workplace behaviour. These reviews should maintain confidentiality as much as possible.

Notwithstanding any of the above procedures, all employees reserve the right to seek the assistance of the relevant tribunal or legislative body to assist them in the resolution of any concerns.

If, after careful and objective investigation, any employee is found to be involved directly or indirectly with any discriminatory activity, that employee will be disciplined and could face dismissal.

Definitions

Bullying

Workplace bullying is repeated, unreasonable behaviour that is directed to an employee or group of employees that creates a risk to health and safety. This behaviour cannot be rationalised by saying, ‘It’s not really illegal’; ‘It’s in everyone’s best interests’; ‘No-one will find out’, or ‘The organisation will protect me (i.e. the perpetrator).

Discrimination

This occurs when an individual with a particular attribute is treated less favourably than an individual without that attribute or with a different attribute under similar circumstances. Also, this involves seeking to impose a condition or requirement on a person with an attribute who does not or cannot comply and people without that attribute do or can comply.

Direct discrimination

This is any action which specifically excludes a person or group of people from a benefit or opportunity, or significantly reduces the the benefit or opportunity, because of a personal characteristic irrelevant to the situation is applied, consciously or unconsciously, as a barrier.

Indirect discrimination

This occurs when there is a requirement (a rule, policy or procedure) that is the same for everyone, but the requirement has an equal disproportionate effect or result on one particular group.

Equal employment opportunity (EEO)

All employees are entitled to equal access to training, advancement, appointment or any other employment related issue without regard to any factor not related to their competency and ability to perform their duties, such as age, disability or impairment, industrial activity or inactivity, lawful sexual activity and/or sexual orientation, gender identity, marital status (including de facto), physical features, political belief and/or political activity, pregnancy, breastfeeding, race, religious belief and/or religious activity, sex, status as a parent or carer, personal association with someone of any of this list of attributes, or irrelevant criminal conviction.


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Harassment

This is uninvited and unwelcome behaviour directed towards an employee that is intended to offend or humiliate or intimidate, and that makes the workplace unsafe and unhealthy.


Print Name: ______________________________ Date: _______________

Sign: __________________________________________


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4.3 Privacy and personal information policy and procedure

Scope


Policy

This company respects the privacy rights of all individuals in the workplace, and is committed to ensuring that employees at all levels comply at all times with their obligations under the Privacy Act 1988 (Cth), and in accordance with the National Privacy Principles (NPPs).

Collection

This company has a duty to collect personal information by lawful and fair means and not in an unreasonably intrusive way. This information may be provided and collected through the recruitment and employment processes.

This company will hold some information in relation to its employees, contractors and other workplace participants which will include, but is not limited to:

tax file numbers information relating to the personal background of these workplace participants (such

as their home address, sex, date of birth, nationality, languages spoken, their employment history, their educational qualifications, any illnesses and details of contact people in the event of any emergency)

information documenting the work history of these workplace participants (such as their letter of appointment and bank account details as well as records of any salary adjustments, written warnings, salary sacrifice documents and sick leave taken).

Use and Disclosure

There are a variety of reasons why this company is required to hold this information. Some of these reasons include:

ensuring that both this company and any workplace participants are meeting their obligations under relevant legislation as well as their contract of employment

ensuring the health, safety and welfare of all workplace participants at times when they are performing work for this company

allowing appropriate insurance coverage for these workplace participants

Complaints

Anyone who feels that there has been an unwarranted invasion of their privacy should contact the nominated company management representative. Further information about the Principles or this company’s policies relating to privacy issues can be obtained from the nominated company management representative.

Training and policy development

This company will develop policies, procedures and guidelines in relation to the collection and handling of personal information, and ensure that information and training is provided to individuals and employees.


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Procedures

National Privacy Principles (NPPs)

These procedures relate to employee personal information that is found within: personnel files, medical files, email and internet use, employee phone calls and personal correspondence.

1. Only information that is necessary will be collected.Individuals are to know what personal information is collected by the company and why it is collected.

2. Only information that is necessary at the time of collection will be collected.If the need arises later, whereby certain information may become necessary or useful, the information will be collected at the time it is required.

3. Individuals will be informed of why the personal information is collected, how it will be used, and whether there is an intention to disclose it.This company will provide details about how individuals can contact the company and, if they want to, how they can gain access to their personal information.

4. Consideration will be given as to whether the company should use personal information for a particular purpose.Consent will be sought from the individual concerned (or authorisation under law) if the company intends to use personal information for a secondary purpose unrelated to the main purpose for which the information was collected. The company will normally only use personal information if it is related to the purpose for which it was collected and within the reasonable expectations of the individual.

5. Consideration will be given as to whether the company needs to disclose personal information.Representatives of the company will seriously consider whether the purpose can be achieved without disclosing personal information. It is often best practice to seek consent from the individual concerned if there is a need to disclose their personal information for a reason beyond the reason for which it was collected. The Privacy Act allows disclosures in some circumstances.

6. Individuals can have access to the personal information that is held about them.This company has a general duty to provide individuals with access to their personal information, in the form they request. If access is denied, the company will provide reasons that are consistent with the Privacy Act, as soon as possible.

7. Keep personal information secure.All personal information is kept safe and secure from unauthorised access, modification or disclosure and also against misuse and loss. Steps will be taken that are proportionate to the sensitivity of the information being held.

Methods might include checking that all personal information has been removed from computers before they are sold, installing firewalls, cookie removers and anti-virus scanners on work IT systems, keeping hard copy files in properly secured cabinets, training staff in privacy procedures and allowing file access to staff on a ‘need to know’ basis only. Also, regular monitoring of the company’s information handling practices will be undertaken to ensure they are secure and consideration of the adequacy of existing security measures will be assessed.


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8. Information will not be retained that is no longer needed or for which there is no further requirement to retain.Personal information that is not required and there is no law that compels the company to retain the information, then it will be destroyed by shredding or pulping. All paper on which the personal information is recorded can be destroyed or placed in a security garbage bin and any electronic record or file will be securely deleted from computer systems to ensure it cannot be retrieved.

9. Keep personal information accurate and up to date.Personal information can change. Reasonable steps will be taken to keep the personal information that the company holds current. If the personal information of someone changes, records will be amended to reflect those changes, ensuring that both hard copy and electronic files are updated.

10. Nominate a designated person within the company who is aware of the company’s responsibilities under the Privacy Act and who is willing and able to handle complaints and enquiries about the personal information handling practices of the company.The person (Privacy Contact Officer) may also be responsible for implementing a complaints handling process, staff training program and promoting Privacy Act compliance.

Definitions

Privacy

Individuals have the right to know what information is being held by the company about them, to correct that information if it is wrong, and to expect that this information will not be disclosed to anyone without their consent (unless authorised under law).


Print Name: ______________________________ Date: _______________

Sign: __________________________________________


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4.4 Documentation

INDEX

4.4.1 Anti-Discrimination

4.4.2 Privacy collection statement


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4.4.1 Anti-discrimination

Anti-Discrimination

Guidelines

It is the company’s intention to achieve the principle object in Chapter 3, Part 3-1, Section 351 of the Fair Work Act 2009:

Respect and value the diversity of the work force by helping to prevent and eliminate discrimination in the work environment on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin

Any dispute concerning these provisions and their operation will be progressed initially under the dispute resolution procedure in the Electrical, Electronic and Communications Contracting Award 2010

Nothing in these provisions allows any treatment that would otherwise be prohibited by anti-discrimination provisions in applicable Commonwealth, State or Territory legislation

This company believes that these rules to be in the best interest and well-being of all persons on our sites

The above guidelines are an attempt to enhance the position of the employee in the company and the position of the company overall. Failure to comply with company policy will result in disciplinary action being taken, which may include summary dismissal.

Signed: ______________________ Date: _____________

Print Name: __________________ Position: ___________________

Signed: ______________________ Date: _____________

Witness: __________________ Position: ___________________


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4.4.2 Privacy collection statement

Privacy Collection Statement

The following information is provided in accordance with the National Privacy Principle regarding the purpose and use of personal information that is collected, and whether there is any intention to disclose it.

The company collecting your personal and/or health information, and the contact details, are:

<Company name><Address1><Address2><Telephone no.><Email address><Website>

1. PurposeThe primary purpose for the collection of your personal and/or health information is for employment consideration as part of the company’s recruitment process.

2. DisclosureYour personal and/or health information is not usually disclosed, except for recruitment purposes or as required by law.<List organisation/s that may receive disclosed personal information>

3. ConditionPersonal and/or health information must be collected for employment consideration as an integral part the company’s recruitment process.

4. AccessYou may request access to any aspect of your personal and/or health information that is held by the company.

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