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Record fine for ''Serial underpayers''03-Apr-2012

Record Victorian penalty as shoe store operators fined $220,000 The former operators of a chain ..

Inspire Success eNewsletter - Counsel & Exit (Having the difficult conversations)07-Mar-2012

This month our focus is on those difficult conversations that we sometimes must have with our people..

Inspire Success eNewsletter - OHS Harmonisation special02-Feb-2012

Inspire Success January newsletter focussed on the harmonisation of the Workplace Health & Safet..

Inspire Success proud sponsor of Jobs on the Coast30-Sep-2011

We are proud to announce that Inspire Success have joined us as the third main sponsor of JobsOn..

Inspire Success wins Central Coast Business Excellence Award 201102-Sep-2011

We are very honoured to have been awarded the inaugural Micro Business Award 2011 for the Central Co..

Backpay of $500k ordered by Fair Work Ombudsman15-Mar-2011

A Melbourne fruit and vegetable retailer has been forced to backpay 265 workers over $500,000 in wag..

Public Holidays - Easter and Anzac Day07-Mar-2011

Hows this for a coincidence - in 2011, both Easter Monday and ANZAC Day fall on Monday, 25 April! ..

Inspire Success wins Micro Business Award 201021-Oct-2010

Inspire Success wins Micro Business Award 2010 for the Wyong Regional Chamber of Commerce. We a..

Company director fined over underpayments03-Aug-2010

A Sydney company director has been fined $16,900 for his involvement in the underpayment of eigh..

Hamilton transport company fined for underpaying truck driver03-Aug-2010

A transport company at Hamilton in South-West Victoria has been fined $25,000 for underpaying on..

Inspire Success

Providing hints, tips and ideas that help you maintain high performing workplaces that are customer focussed and free of conflict

Providing a Fair Work Information Statement is not good enough!

Terri Blakesley - Tuesday, October 25, 2011
You need proof you did it!

With the introduction of the Fair Work Act 2009, from 1 January 2010 it became mandatory for an employer to provide an employee with a copy of the Fair Work Information Statement. The statement needs to be provided to the employee before employment or as soon as practicable after commencement of employment. Provision of the Fair Work Information Statement is one the 10 National Employment Standards (NES), which are outlined in the Fair Work Information Statement. Additional information in this document includes modern awards, agreement making, individual flexibility arrangements, freedom of association and workplace rights, termination of employment, right of entry, and the Fair Work Ombudsman and Fair Work Australia.

In recent audits conducted by the Fair Work Ombudsman, businesses have been asked to provide proof that an employee has received a copy of the Fair Work Information Statement from their employer. Additionally, as provision of the Fair Work Information Statement is one of the NES, employees are able to make a claim against their employer for a breach of the NES if they have not received the Fair Work Information Statement.

Keep this in mind when you are inducting your new employees. It may also be worthwhile reviewing your standard induction processes to ensure you have a system in place to record the provision of the Fair Work Information Statement to your employees when they join your business. Here is an induction checklist we prepared earlier!

Contact Inspire Success on 1300 620 100 or terri@inspire-success.com if you would like to discuss how this affects your business.

Significant dates for new employees

Rae Phillips - Tuesday, October 25, 2011

Significant dates for new employees:-
Now you have completed your interview process and selected your new employee it is important to manage some critical dates. These include induction, probation and confirmation of the new employee. A very important step is to set a probation period for the new employee and for that length of time and the process to be clear to them. 

Length of probation period:- 
The length of the probation period and the terms around it should be set out in the terms and conditions of your employment and then be managed carefully.  A ‘probation period’ is usually a three month period (based on calendar months) from the date of commencement of employment where you assess the suitability of the employee for the role and the employee has the opportunity to settle in and to determine if the role meets their needs. A key thing to remember is the probationary period must be set in advance and must be reasonable. Three months can be suitable for some roles but for a more senior role you could have a probationary period of six months (as long as there are reasonable grounds for this). For a ‘small business’, i.e. less than 15 employees by head count and including associated entities (see s.383 of the Fair Work Act), the period can be increased to twelve months.  

Why have a probation period:-                                                                            
The probation period is a time when you can validate your selection and ensure there is a good fit between the new employee and the job. It is a time when there should be communication between you and the new employee and some assistance given to them to settle in.  In essence, an employee on probation has been appointed but not yet confirmed in a permanent role. The purpose of a probationary period is to provide:

  • Time for induction / onboarding and training
  • An opportunity to assess the employee and their ability to perform in the job
  • Time to assess fit into your business

Regular feedback to the new employee is important and should be provided throughout the probationary period.

What are the benefits of a well managed probation period:-

  • allows the new employee settle into the workplace
  • provides a focus for you and the new employee on what knowledge and skills are required to be developed during probation for them to succeed in the job
  • provides some structure for the new employee on the key aspects of their job and the key people they will be interacting with
  • allows you to give and receive feedback on a new employee’s progress during probation.

If you are generally happy with the performance of your new employee but continue to have a few concerns at the end of their probationary period, then you can extend the probation via a review on or before the end of it. You will also need to provide information in writing, detailing the period of the extension and the areas which require improvement. Provided you act sensibly, you can let the person go if they are not working out without having to carry out the usual disciplinary procedures once an employee is confirmed.  

Review the new employee’s progress regularly and provide them with feedback so they know how they are progressing – either with praise or with explanations as to where improvement is required.  We think it is a good idea to do a Probation Review at the mid point of the probation period.

Overall, the probationary period is an excellent tool to ensure that the new employee is performing in the way you want and is motivated, committed and happy working with you and your organisation. It allows you to be fair and highlight areas which require improvement, and it provides time and scope for the new employee to improve in those areas. The result should be that at the end of the period, the decision to continue or not is easy and clear for both parties.

Confirmation of appointment:-
As the probationary period nears its conclusion, you need to decide whether you wish to retain the new employee or not. If you do, then confirmation of appointment is the process used to end a probation period and appoint an employee permanently. Ideally, a letter is given to the employee confirming the date their probation period ended and affirming the details / conditions previously agreed upon of their employment. The letter states that the employee's performance has been satisfactory and it confirms the employee's appointment to the job. It is good practice to give your new employees a confirmation letter when they successfully complete their probation but it also provides affirmation to the employee that they are doing well in their role and have peace of mind that their job is now confirmed.

Is this something that could be an issue at your place? Inspire Success is all about implementing practical solutions that help create high performing workplaces which are customer focussed and free of conflict - no matter what size your business is. Contact Inspire Success for further information - kate@inspire-success.com

Fair Work Wages Decision

Rae Phillips - Friday, June 04, 2010
The First Fair Work Australia Wage Case

This decision concerns the first Annual Wage Review under the Fair Work Act 2009 (Fair Work Act). A large number of interested organisations and bodies participated in the review. 

For the entire decision - please click on this link



The Increase!


An increase of $26 applies to all modern award minimum weekly wages.

The national minimum wage in the national minimum wage order will be $569.90 per week or $15 per hour. The hourly rate has been calculated on the basis of a 38 hour week for a full-time employee, consistent with s.62 of the Fair Work Act.  

 

 

 

For more details on the decision - follow this link

Implementation

This pay increase is effective 01 July 2010. The effect will be that where the phasing provisions are included in an award the pre-modern award conditions relating to minimum wages, casual and part-time loadings, Saturday, Sunday, public holiday, evening and other penalties and shift allowances will apply until 1 July 2010 when the modern award obligations will commence. There will be a further four instalments on 1 July of each year concluding on 1 July 2014.  

For more information on transition arrangements - follow this link.

 

 

 

Modern Award Madness

Rae Phillips - Friday, April 30, 2010
Did you know that there has already been more than $33million in fines to small business for Fair Work Act non compliance?

Determining the Modern Award that applies to your business is a key element of becoming compliant - but it can be challenging! From thousands of state and federal awards there are now around 200 that will affect most businesses. For many of our customers, it has been very easy to identify the Modern Award that applies to their business - for others it has been quite difficult. Getting the pay and transitional arrangements for your staff right is even more critical in this time of change. 

Modern Award Madness - get it right for your business

Modern Awards, together with the National Employment Standards (NES) and the national minimum wage orders, form the safety net for employees under the new Fair Work system. Under the Fair Work Act 2009, penalties of up to $6,600 for an individual and $33,000 for a corporation may apply to a breach of a term of a Modern Award and/or the NES. Here is our action plan to make it easier for your business:

1 – Confirm your Awards
What Modern Awards cover your employees now? Check our Fair Work Support Site - http://www.inspire-success.com/fairworkact
Identifying the Modern Award or award/s that applies to your business may require specialist advice.

2 – Check the old award/s with the Modern Award/s
What award were your employees covered by? Compare those provisions with those of the Modern Award and the NES. Remember that if the former award conditions are better, they could still apply to your people.

3 – Research any transitional provisions
Do your Modern Award/s have transitional provisions? July 2010 might be one of several new milestones for your business.  This could include wages, loading, penalties and non-expense related allowances. Most Modern Awards have transitional requirements, which are key to effective implementation of the awards in your business.

4 – Update your people practices
Many of your people policies, procedures and letters will need to be modified. Updating these systems may need some guidance.

Still unsure about how it applies at your place? Why dont you take a look at our FWA Support Site for a one stop shop! Use our Fair Work Checklist to do your initial review of your people systems and if you need any help, give me a yell!

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