Merv Saltmarsh ARTICLE Sourcing new or replacement staff
With the busy season upon us, the recruitment and/or replacement of staff is paramount and the guidelines provided below, serve as a means to check on the processes you have in place. The THA in liaison with Fair Work, have a Memorandum of Understanding (MOU) and as part of that partnership, we provide reference to and/or assistance if and when required as outlined in this article.
Step One: Know the law
Awards and agreements Modern Awards
There are workplace laws that apply to all employees in the national workplace relations system. Before hiring a new employee make sure that you know about your responsibilities under the Fair Work Act 2009: The National Employment Standards There are 10 National Employment Standards (NES) that apply to all employees in the national system. They cover: 1. Maximum weekly hours – 38 hours per week, plus reasonable additional hours 2. Requests for flexible working arrangements – certain employees can ask for a change in their working arrangements 3. Parental leave – up to 12 months unpaid leave per employee, as well as the right to request an additional 12 months leave 4. Annual leave – four weeks paid leave per year, plus an additional week for some shift workers 5. Personal/carer’s leave and compassionate leave – 10 days paid personal/carer’s leave per year, two days unpaid carer’s leave and two days compassionate leave (unpaid for casuals) as required 6. Community service leave – unpaid leave for voluntary emergency management activities and for jury service 7. Long service leave – paid leave for employees who have been with the same employer for a long time 8. Public holidays – a paid day off on a public holiday, unless reasonably requested to work 9. Notice of termination and redundancy pay – up to five weeks’ notice of termination and up to 16 weeks redundancy pay 10. Fair Work Information Statement – must be provided to all new employees.
A modern award is a document that sets out the minimum wages and conditions for an industry or occupation. They apply on top of the NES.
To search for the modern award that applies to your business, go to the THA website and or go to www.fairwork.gov.au/awards Enterprise Agreements An enterprise agreement is a document that sets out the minimum wages and conditions for a workplace. You can search for enterprise agreements on the Fair Work Commission’s website www.fwc.gov.au Award/Agreement free employees Some employees will not be covered by a modern award or enterprise agreement. These employees are considered to be award/ agreement free. These employees are still entitled to the national minimum wage and the NES.
For more information about each of the NES visit the THA website and or www.fairwork.gov.au/nes
26 enquiries@tha.asn.au 03 6220 7300
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