Forms of Employment in Australia

Are you taking advantage of the range of employment relationships?

Getting the right employment relationships within your workforce is not only of strategic importance as businesses respond to the pace of change in management systems and working practices, but it is also important to understand the different rights and obligations that apply to each of these relationships.

This publication presents information about the nature of employment arrangements in the Australian workforce. Whether it's full-time, casual, part-time, fixed-term and labour hire or assessing if your employees are actually employees or contractors - managing your staffing needs can prove to be quite a tricky task.

With this publication you can discover how to effectively meet the demands of fluctuating work environments, help make strategic decisions regarding the nature of your workforce, and meet the Fair Work Act requirements for different categories of employment.

Some of the features of this publication include:

• An overview of the Fair Work Act as it relates to the different categories of employment;
• Discussion of the key elements of the various employment categories;
• Practical suggestions and warnings for employers;
• Information to assist companies to avoid claims for underpayment and unfair dismissal; and
• Information enabling companies to make an informed choice about what employment options are best in their circumstances.

Guide to Managing Ill & Injured Employees

Managing an employee with a long-term illness or injury can be one of the most challenging issues for an employer to manage.

The process needs to balance the requirements of the business and legitimate workplace health and safety concerns, with the needs of the ill or injured employee.

Not achieving the right balance can lead to a range of risks including unfair dismissal, unlawful termination and discrimination claims, as well as breaches of workers' compensation and health and safety laws.

Clear procedures, good communication and a pro-active approach can significantly improve an employer’s ability to effectively manage long-term illness and injury, and minimise the risks.

This popular Guide provides employers with:

• A step-by-step process covering both work and non-work related illness and injury;
• Pro-forma letters to use in communications with the employee and treating doctor;
• Summary tables outlining state and territory legislation, including requirements under workers’ compensation schemes, regarding:
  • suitable duties or employment,
  • return to work plans and procedures,
  • restrictions on termination of employment, and
  • an overview of disability discrimination legislation;
• The legislative requirements which may come into play in a decision to terminate employment of an ill or injured employee; and
• Lessons from decided cases.

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Long Service Leave

As an employer you are sure to value the dedication and company loyalty of your long serving employees. However, understanding long service leave entitlements can be daunting.

Until such time as the Government introduces its proposed national long service leave entitlements, the Fair Work Act partially preserves previous entitlements via the National Employment Standards and various State and Territory legislation continues to apply.

Ai Group's Long Service Leave Handbook is here to help employers navigate and understand the various long service leave entitlements under modern awards and legislation across Australia.

Some of the features of the publication include:

• An in depth guide to long service leave legislation across Australia, including legislation specifically pertaining to the building and construction industry;
• 'At a glance' entitlement tables for each jurisdiction and calculation tables;
• Relevant cases that help interpret legislation; and
• A comprehensive 'frequently asked questions' section.

Following are some of the questions the Long Service Leave Handbook can help you to answer:

• My employees were previously covered by the Metal, Engineering and Associated Industries Award 1998 – which entitlements do I apply now?
• When is an employee entitled to payment for pro rata long service leave on termination of employment or resignation?
• Do you include shift loadings when paying an employee who is taking long service leave?
• Are casual employees entitled to long service leave?
• Can long service leave entitlements be paid out instead of an employee taking the leave?

Managing Leave

Knowing your obligations as an employer, as well as communicating employee responsibilities, is essential in ensuring that the various forms of leave available to employees is managed effectively.

Navigating the different forms of entitlements can be daunting, especially given that leave can be governed by a combination of legislation, awards, enterprise agreements and contracts of employment.

This handbook provides helpful and practical information on how to manage all the different forms of leave in the workplace and explains the interaction of the National Employment Standards with modern awards and enterprise agreements and the effect of state legislation.

The different types of leave that are covered in this publication include:

• Annual leave;
• Personal/carer's leave;
• Compassionate leave;
• Parental leave ,including the government Paid Parental Leave Scheme;
• Community service leave, including jury service leave;
• Public holidays; and
• Long Service Leave.

The publication will also offer guidance on the implementation and management of leave policies and procedures, as well as a comprehensive 'frequently asked questions' section, including answers to questions such as:

• How do I manage the return of an employee after maternity leave?
• Does an employee have a right to work part-time if they request this?
• Do I have to provide paid sick leave to an employee who becomes ill during a period of annual leave?
• What are the notice and evidentially requirements of employees taking leave?

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Managing Termination of Employment Handbook

Handling employee investigations, poor performance and dismissals effectively is essential in minimising the risk of a successful and costly unfair dismissal claim.

Ai Group's Managing Termination of Employment Handbook is a comprehensive and practical guide designed to assist employers avoid expensive claims dealing with dismissal from employment, through practical advice and case examples.

Ai Group's Managing Termination of Employment Handbook includes the following topics:

• An overview of the national unfair dismissal regime under the Fair Work Act 2009; A step by step process to help you manage poor performance and misconduct, including conducting investigations;
• Guidelines for developing a company disciplinary procedure;
• Examination of general protections and unlawful termination under the Fair Work Act 2009, including failure to give notice or provide redundancy pay, as well as dismissal for certain discriminatory reasons; and
• Sample documentation.

National Employment Standards

The National Employment Standards (the NES), together with modern awards, form the safety net of conditions for employees under the national system. The NES apply to all employees, whether award-covered, agreement-covered or award / agreement free.

This handbook covers each of the NES entitlements:

• Maximum weekly hours of work;
• Requests for flexible working arrangements;
• Parental leave and related entitlements;
• Annual leave;
• Personal/carer's and compassionate leave;
• Community service leave;
• Long service leave;
• Public holidays;
• Notice of termination and redundancy pay;
• Fair Work Information Statement.

Some of the features of this publication include:

• Information on how each of the entitlements interacts with contracts of employment, modern awards and enterprise agreements;
• Examples of common modern award clauses and how they affect the NES entitlements;
• Case examples to illustrate how the NES entitlements operate in practice;
• Information on notice and documentary requirements for paid sick leave and other forms of leave;
• An overview of how the NES are affected by the broad “transfer of business” rules under the Fair Work Act;
• An overview of record keeping obligations under the Fair Work legislation.

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Redundancy Management Handbook

Implementing redundancies can be one of the most difficult tasks which a manager faces. Not only will this be an emotionally charged process, but there are also a wealth of legal issues that need to be tackled. Prior to implementing redundancies - whether on a small or larger scale - effective planning, communication and an understanding of your legal compliance obligations and risks is essential, including reviewing existing redundancy practices.

Ai Group's Redundancy Management Handbook is designed to assist employers approach redundancy management with confidence and sets out practical advice on the steps which employers need to take before making any employee redundant.

This publication will explain:

• The legal concept of redundancy under the Fair Work Act 2009, Modern Awards and enterprise agreements, with reference to case examples;
• The legal issues arising in the event of redundancy, including notice of termination, redundancy pay, unfair dismissal, redeployment, consultation, discrimination laws and potential relevance of company policies and procedures;
• Managing the redundancy process, including planning and preparation and how to go about consulting with employees and unions, as well as how to select employees for redundancy, including a sample selection criteria matrix;
• Drafting redundancy clauses in enterprise agreements - what should be included and what should be avoided; and
• Other issues which may impact upon an employer's decision to implement redundancies, including transfer of business provisions under the Fair Work Act 2009.