1. 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

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

3. Contracts

4. 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)

5. 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

6. 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

7. 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?

8. 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!)

9. 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

10. Position Descriptions

11. 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

12. 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.

13. Classification

14. 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

15. 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

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

17. Organisational Policy

18. 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)

19. 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)

20. Managing performance

21. 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

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

23. 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

24. 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)

25. 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.

26. Termination of Employment

27. 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.

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

29. 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

30. 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

31. Restructuring

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

33. Industrial obligations

34. 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

35. 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)

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

37. 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

38. 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

39. 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

40. 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

41. Any Questions?