well understood that there are things that employers need to communicate to
employees. What is less clear is how, from a practical stand point,
should a business address possible communication gaps that arise from faulty
systems, rapid growth or changes to the compliance requirements. One of
the greatest tools in both addressing these compliance requirements, and
ensuring clear and functional communication with employees is the
implementation of an annual Confirmation of Employment program.
is a Confirmation of Employment?
Confirmation of Employment is not a new contract or a letter of offer, it does
not change anything about the employees engagement, but it is helpful for
confirming many of the communication requirements that are traditionally
contained in contracts and letters of offer.
should a Confirmation of Employment be sent?
natural time to send Confirmation of Employment letters to staff is around the
new financial year, when the Award rates traditionally increase.
Similarly, the commencement of a new Enterprise Agreement, or the new pay year
of an Agreement or contract are all natural times to send a Confirmation of
Employment. So if your employees are engaged under an Award, now is the
perfect time to be looking at Confirmation of Employment letters.
should be in a Confirmation of Employment letter?
like good Engagement Documents, good Confirmation of Employment letters include
the following details;
- Employee Name: The full legal name of the
- Date: The date that the Confirmation is being
- Business Name: The business name that the
employee has been engaged by (the full legal name as well as any trading
- Business ABN: The ABN of the business that the
employee has been engaged by
- Start Date: The employees Start Date
- Status: The employees Status – Permanent,
Permanent Part Time, Casual
- Employment Instrument: The
employment instrument that applies to the employees engagement – such as
the Award, this should include the full title of the Award and a link to
the Award. In the wholesale and retail fuel industry this would be – Vehicle Manufacturing,
Repair, Services and Retail Award 2010 : for console operators,
driveway attendants and roadhouse cooks – http://www.fwc.gov.au/documents/modern_awards/award/ma000089/default.htm, Road Transport
and Distribution Award 2010 : for fuel tanker drivers – http://www.fwc.gov.au/documents/modern_awards/award/ma000038/default.htm, Clerks Private
Sector Award 2010 : for administrative staff – http://www.fwc.gov.au/documents/modern_awards/award/ma000002/default.htm)
- Classification: The
employees classification under the employment instruments – such as
Console Operator R4, or Transport Worker Grade 6
- Pay Rates: Notation of
the applicable pay rates and the period to which they will apply – such
as; “The pay rates for Casual Console Operators can be located in
Clause 36.3 of the Award”, or “The pay rates for Console Operators can be
located in the Award, Clause 33 for Permanent and Permanent Part Time
employees and Clause 36 for Casual employees”.
- Rights at Work: A link
to the latest version of the Fair Work Information Statement, that
outlines employees rights at work – https://www.fairwork.gov.au/employee-entitlements/national-employment-standards/fair-work-information-statement
For Permanent and Permanent Part
Time employees it is also a perfect time to confirm the Standard/Guaranteed
Hours, expressed clearly as the Days that the employee will work and the time
that work will start and finish on each of those days. This is not a
stating of the business operating hours, nor is it a stating of the total hours
that the employee will work a week, but the specific listing of the Day, Start
Time and Finish Time for each of the days the employee will work.
In a setting where these
Standard or Guaranteed Hours may change over time it is also advisable to
clarify how these hours may be varied over time, such as the inclusion of a
notation to the effect of; “these standard hours may change over time by
mutual agreement, agreement will be taken to have been made through the posting
of and acceptance of a roster”.
In addition to these compliance
based communications, it can be valuable to confirm other items of employment,
such as the location of and nature of business policies, grievance processes
for ACAPMA Members
Members are reminded that ACAPMA produces guidance and tools to assist with
employment compliance including a detailed Confirmation Of Employment
Guide. For more information contact ACAPMA via email@example.com.