Getting little things wrong can be very costly for your business. Managing the relationship between employers and employees is a delicate balancing act that requires skill and constant learning and adjustment.
Getting the little things right
It is easy to get caught up in making sure the “big” things are addressed, and miss out or overlook some compliance requirements. But there are several simple processes that many businesses are overlooking or completing in an ad-hoc fashion that is resulting in breach notices and fines being issued by the Fair Work Ombudsman.
Failure to actively comply with what can appear to be a simple or low priority compliance process can cost the business thousands of dollars.
Three things that come up again and again in the investigation notes are:
- Fair Work Information Statements
- Access to the Award
- Casual Conversion
Fair Work Information Statements
The Fair Work Information Statement must be provided to all new staff. If asked businesses should be able to confirm that this has been done and produce evidence such as a signed copy, email trail, and a signed documents received list etc.
Failure to supply this information statement can result in fines to individuals of $10,200 per incident and fines to businesses of $51,000 per incident.
Access to Employment Instrument
Most businesses clearly understand the Award mechanism that underpins their employment relationships. Even if the employee is engaged on individual or other agreement the Award underpins the relationship. What many businesses are failing to do, however, is provide information to employees on which Award underpins their employment or provide access to the most recent copy of the Award. Providing this information is easiest to do on engagement or on anniversary performance reviews when the underpinning Award can be identified and the link to the Award on the Fair Work Commission website can be communicated.
Casual Conversion is a process that ensures that casuals who have been employed in a regular pattern be offered the opportunity to convert to permanent or part time after a certain amount of time. Like the provision of the Fair Work Information Statements, businesses should be ready to provide evidence that this offer was made.
Here to Help
Through the festive season ACAPMA Workplace Relations Professionals are available to assist members on 1300 160 270 or you can email email@example.com. ACAPMA members can access resources and can call on the advice and support of the ACAPMAlliance Workplace Relations Professionals on 1300 160 270.
Click here for a copy of the Fair Work Information Statement.
Click here to go to the Fair Work Commission list of Awards.
Click here to request more information on the casual conversion process and requirements
HR Highlights are things to consider, implement and watch out for in your business. They are provided as general advice and you should seek further advice on your situation by calling 1300 160 270 and speaking to one of ACAPMA Workplace Relations Professionals its free for members. ACAPMA membership is affordable at only $550 per year for a single site and valuable with sites gaining HR advice support and representation as well as a raft of other benefits and discounts. Click here to learn more about ACAPMA membership.
BCom (HRM & IR)