Neighbourhood Houses Victoria Conference May 2017 – IR Essentials for Community Centres and Neighbourhood Houses Welcome Acknowledge Traditional Custodians + pay respect to elders past and present Introduce self + Jobs Australia rep + other QCOSS staff + anyone else? Talk about role of QCOSS re IR Reminder - Sign in sheet + location toilets + emergency procedures

Outline Contracts Position Descriptions Organisational Policy Disciplinary procedures Termination of employment Restructuring & Redundancy

Contracts

Contract basics Individualises the employment relationship Specify Job role Hours of work Pay rate (& classification) Cover specific non-award issues such as confidentiality, working with children checks (refer Contract template handout) (HANDOUT 1)

Content of contract No need to replicate Agreement/Award conditions Agreement/Award conditions are statutory entitlements already Creating contractual entitlements may complicate future dispute resolution Most contracts for Agreements/Award-based employees only need to be 1 or 2 pages long

Over award conditions Awards only set the minimum Nothing prevents more generous provisions being offered Over award pay (& conditions) Specify as being an over award component But classify correctly – don’t over-classify Contractual entitlements can only be changed by agreement

Multiple contracts? Part-time workers seeking extra hours 2 different jobs with one employer: What if the jobs are covered by the same award? Is there a mixed functions clause? Higher duties Or different awards? Options and risks Single contract or multiple contracts? “Major and substantial” component?

Contract types Contract type Pros Cons Permanent (including sessional tutors) Attract best candidates Minimum employment period for trialling Redundancy costs Termination process Limits to flexibility of hours? Fixed term (including term only child care employees) No cost when contract expires (NHACE Agreement imposes a cost of 4 weeks pay) Restricts pool of candidates & undermines retention strategy if over-used for ongoing roles Casual Easy to vary hours & end engagement – in the short term Cost of loading – diminishing return over long-term Lower commitment Independent contractor Easy to end contract Contractor assumes risk Technical minefield if really an employee (ABN not enough!)

Fixed term contracts The Neighbourhood Houses Collective Agreement currently has limitations on the use the use of fixed term contracts Modern awards generally silent on the issue Fair Work Act prohibits use of fixed term employment merely to avoid industrial obligations Contractually enforceable

Position Descriptions

What is a PD? A description of the key tasks, duties and responsibilities of a job; Together with a summary of the knowledge, skills and attributes needed to perform the role; and Other relevant information about the purpose and context of the job

What is a PD used for? Selection – used when recruiting to provide information about the role and selection criteria. Learning and development – allows Organisation on review to identify possible further training needs for employees. Evaluating performance – are employees meeting expectation eg KPI’s. Classification – the PD sets out the role which is then used to classify the role, which then identifies rate of pay.

Classification

Classifying the job Classify the job not the person PD provides evidence of the skills and responsibilities relevant to classifying the job PD justifies the pay rate Do not overclassify to get higher pay rate

Key Elements of a PD Accurate overview Succinct Plain English Enough detail to provide clarity about the essential requirements of the job, but does not need to itemise every minor task Broad enough to enable minor routine changes that don’t affect main substance

Context and summary Position context Purpose and Function Main duties & Responsibilities Relationships Skills & Qualifications Environment & Physical requirements Selection Criteria Conditions (refer PD template handout)

Organisational Policy

Organisational Policy Builds on Awards, Agreements and the NES Cannot undermine the industrial instrument. Outlines expectations of Organisations in relation to a range of issues. Example of expectations: Sick leave/personal leave policy: deals with when and whom to call when an employee is going to be absent. Also may include when a Medical Certificate is required. Time in lieu: Who to seek approval from, timelines for taking time in lieu, how many hours to accrue (cap)

Key policies A list of key policies may include: Code of Conduct Annual Leave policy (Agreement provisions) Performance Policy Disciplinary procedure (Agreement provisions) Probationary reviews Grievance Policy (Agreement provisions) Bullying and Harassment Policy (Agreement provisions) OHS Policy (Agreement commitment)

Managing performance

Managing performance No surprises! If informal feedback has not worked: Formal process Identify the concerns Allow the employee to provide their explanation (it might not be their fault) If concern still remains, issue warning and a timeframe & process for improving

Other considerations As part of an effective performance management strategy, where necessary you should include: Goal setting Performance Development Training Regular Performance Feedback

When things go wrong Objective and evidence based Get advice PD, KPIs Natural justice Every story has more than one side Test the evidence Stay true to our values of fairness & respect Get advice

Commencing disciplinary action. Following the principles of natural justice provide the employee: Letter to arrange a meeting. Letter should outline the concerns to be discussed with the Employee. Offer of support person. Remember the meeting is an opportunity for the employee to provide their responses to your concerns. (Refer handouts – disciplinary template letters)

Disciplinary action Following the meeting with the employee, consider what/if any action is appropriate. If a written warning is considered warranted, warning should: Outline the expectations for the standards to be achieved. Set out a time period for review.

Termination of Employment

Probation Fair Work Act provides for probation period of 12 month for Employers with less than 15 Employees (6 month qualifying period where 15 + Employees). Probation period is a good opportunity to assess the employees performance and suitability to the Organisation. Opportunity to identify any further training needs required.

Termination of employment Valid reason Performance, conduct, capacity, operational requirements Plus Opportunity for employee to influence Opportunity to explain, consultation Natural justice process

Unfair dismissal Harsh, unjust or unreasonable Valid reason not sufficient Test reasons via natural justice process Exclusions : Minimum Employment Period (6 or 12 months) Expiry of fixed term contract

General protections Applies to all employees Including probation, short term casuals and fixed term Adverse action (including termination) for a prohibited reason Discrimination, temporary absence due to illness, workplace complaint Reverse onus of proof

Restructuring

Redundant positions Jobs are made redundant – not people Not the employee’s fault Outcomes may include: Redeployment Retraining Changes in hours Termination (retrenchment)

Industrial obligations

Consultation Awards and enterprise agreements provide for consultation around change Especially redundancy and restructure Opportunity for employees to influence the outcome – not just one way info But, agreement not necessary – no employee or union veto Requirements relating to written information

Consultation - Process Formal written consultation: Provide information about reason for change Make the business case – likely to be obvious in some cases such as loss of funding, but still needs to be explained Set out proposal, or options for consideration Explore ways to mitigate adverse effects on employees (Refer Restructure letter handouts)

Mitigating adverse effects Voluntary reductions in hours Job share Identifying other non-wage cost savings Redeployment or transfer Retraining Outplacement Voluntary redundancy Temporary changes

Redeployment Potentially redundant employees get first chance at vacancies Consider redeployment if selection criteria satisfied, or could be with reasonable training Advertising jobs, and allowing employees to apply, is not redeployment Employee views are important Consider reasonable training

NES (For those covered by Awards) Notice period for termination Time off for job search Minimum standard for severance pay Employers with less than 15 employees exempted from severance pay

Agreement/Award covered Employees Requirements for consultation Notice period applies if transferred to lower duties Job search entitlement - up to 1 day per week during notice period

Unfair dismissal Genuine redundancy defence – 3 tests Valid reason: Funding cut usually a valid reason, Comply with consultation requirements of the award or EBA Obligation to explore reasonable redeployment Potentially redundant employees should be considered for vacancies in other parts of the organisation, and associated entities, before advertising No need to create unnecessary jobs or redeploy if selection criteria not met

Any Questions?