Employment Manual - Overview

Transcription

1 Employment Manual - Overview Procedure Employment Manual - Overview Creation Date 1 January 2011 Version Last Revised 5 June 2014 reformatted Approved by Approval date

2 Introduction On behalf of the Uniting Church in Australia Synod of NSW and the ACT ( the Synod ), the Synod HR Committee have issued the Employment Manual. This manual has been prepared as a guide, containing policies, procedures, benefits and general information having effect upon and governing all workplaces operated within the Synod. The Synod HR Committee trusts this manual will be of assistance to employers and employees within the Synod. Please note, the Employment Manual is oversighted by the meeting of the Synod s Executive Directors who reserve the right to make changes in the content or the application of its policies as it deems appropriate and these changes may be implemented even if they have not been communicated, reprinted or substituted in this manual. Should you require human resource or industrial relations assistance please contact HR Services of Uniting Resources who will direct employers to the most appropriate HR resource within the Synod. UCA SYNOD OF NSW AND THE ACT This document is copyright. Apart from any fair dealing for the purpose of private study, research, criticism or review as permitted under the Copy Right Act, no part of the contents of this document may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the Uniting Church in Australia Synod of NSW and the ACT. This copyright does not apply to the copying by persons to whom the manual applies. Copyright 2014 Uniting Church Last updated: 05/06/2014 Page 2 of 6

3 Scope The policies and procedures contained within this manual shall generally apply only to workplaces operated within the Synod. The scope of coverage is detailed in the table and notes below: Type of Employee Award Employees* Award free employees (including Lay Ministry Agents and employees who are appointed to either the lay or Lay Ministry Leaders in an approved placement)* Specified Ministers, not in placement, who are engaged by employers in secular employment Application Yes Yes Yes Specified Ministers in placement *As defined in Section 1 Recruitment part Employment Overview Types of Employees No Note 1: Note 2: Persons engaged under a contract for service (genuine independent contractors or consultants), to provide services to any workplace operated within the Synod, are NOT employees. They may however for the purpose of upholding the Church s reputation and quality of service, be requested to conduct themselves in accordance with the policies and procedures contained within this manual. Where Specified Ministers accept a call and placement that involves them being located within a workplace operated within the Synod and such placement requires the Minister to: have authority and accountability for the performance of other Specified Ministers and/or employees; or Note 3: Note 4: be accountable to another Specified Minister or employee for their performance; Then the Specified Minister shall: abide by the policies, procedures, codes of conduct and governance arrangements that apply in the workplace; and acknowledge and accept that their call and placement takes place within a working environment in which specific employment policies and procedures apply; and comply with all legislative requirements that apply to the workplace; and take and give direction and participate in performance management processes applicable to the workplace. The policies and procedures set out in this manual apply throughout the Synod except where alternative policies and procedures have been endorsed by an appropriately delegated authority. The policies and procedures in this manual provide guidance to Congregations and Presbyteries, and may be adopted or varied for adoption by employers within the Church that are outside the jurisdiction of the Synod. Copyright 2014 Uniting Church Last updated: 05/06/2014 Page 3 of 6

4 Definitions in relation to scope Agencies means organisations within the Church that have a constitution approved by the Synod, or are governed by By-Laws of the Synod. Approved Placement means a Synod approved position of responsibility for the regular discharge of the duties of the ministerial office to which a Minister ordained within the Church is or may be called. Bodies means organisations within the Church that are established or governed by the Uniting Church in Australia Act, 1977, the Constitution and Regulations of the Uniting Church in Australia and the By-Laws of the Synod. Employee means all persons who, under a contract of service, whether permanent, casual, temporary or fixed term, are employed directly by an employer within the Church. This includes all: award employees; and award free employees; and Lay Ministry Agents; and employees appointed to the lay specified ministry of Pastor; and employees appointed as Lay Ministry Leaders in an approved placement; and specified ministers not in placement who are engaged by employers in secular employment. Employer means the members of the relevant Board, Church Council Management Committee of appropriately constituted and governed bodies or agencies within the Church that employs employees. This includes the four Boards that comprise the Synod and such other bodies or agencies that fall within or outside the jurisdiction of those Boards and who employ people. Each employer must have its own Australian Business Number ( ABN ) in order to be able to meet its obligations and must effect and maintain a current workers compensation policy under that ABN. The Church in this context means: the Congregations, Presbyteries within the bounds of the Synod; and the Synod and such bodies or agencies within their jurisdiction. The Synod means the four Boards and Secretariat that comprise the Synod of NSW and the ACT Administration and such other bodies or agencies within the jurisdiction of these Boards, for whom the Board(s) deems this manual shall apply. Specified Ministers means Ministers of the Word, Deacons, Deaconesses, current Lay Pastors and Accredited youth workers in an approved placement and persons, excluding employees, who are subsequently appointed to the new lay specified ministry of Pastor. Community Ministers pursuant to regulation who are in a non-stipend specified lay ministry are also included in this definition. All employees who are subsequently appointed to the new lay specified ministry of Pastor or as Lay Ministry Leaders in an approved placement will for the purposes of this manual fall within the definition of employee above. Copyright 2014 Uniting Church Last updated: 05/06/2014 Page 4 of 6

5 Alphabetical Glossary of Terms Award An award is a lawfully recognised and enforceable industrial instrument, that contains the terms and conditions of employment which apply to an enterprise, occupation or industry. Award provisions contain the terms and conditions of employment. However in most cases they are to be read in conjunction with Statutes, Regulations, Codes of Industry Practice, Policies and Procedures. From 1 February 2011, various Federal Modern Awards cover most employees in the Church. A Modern Award is designed to cover a particular type of industry, the working arrangements and workplace benefits, applicable to those relevant employees who work for organisations, which in turn fall within that particular industry. The relevance of the employee to a particular award, is dependent upon whether or not that employee s classification and the type of work they actually perform, is stated within the award itself. An award sets the absolute minimum terms and conditions of employment and rates of pay applicable to the employee s employment and are legally enforceable under law. Award Free Casual Employees Consultation Custodian Employer Award free employees are those not covered by a federal award. The wages and conditions of award-free employees are found in common law and the employees contracts of employment. A casual employee is an employee who is employed on an ad hoc or itinerant basis and is engaged on an hourly, or shift-by-shift basis. Casual employees do not have an expectation of ongoing or regular employment, unless provided for within an award, and usually work fewer hours than the normal full-time working week. This may, on occasions, vary dependent upon superfluous hours available. A casual s hours are in most cases arranged in a non- regular pattern however this may vary where a casual is engaged for a specific task or purpose, such as filling in for another employee while that employee is on annual leave, long service leave, workers compensation, maternity leave, or another other such extended absence. Provides employees with an opportunity to make comment on specific issues affecting them. Consultation is defined as the dialogue between the parties involved and includes situations where consensus/resolution between the parties involved is NOT achieved. The person to whom a fully maintained employer owned or leased vehicle has been provided. The members of the relevant Board, Church Council or Management Committee of appropriately constituted and governed bodies or agencies within the Church that employs employees. This includes the four Boards that comprise the Synod and such other bodies or agencies that fall within or outside the jurisdiction of these Boards, and who employ people. Copyright 2014 Uniting Church Last updated: 05/06/2014 Page 5 of 6

6 Each employer must have its own Australian Business Number ( ABN ) in order to be able to meet its obligations and must effect and maintain a current workers compensation policy under that ABN. Executive Director Grossed up FBT value HR Manual Handling The Executive Directors of the four Boards and the General Secretary of the Synod or their duly authorised representative(s) The value of a non-cash benefit provided to an employee multiplied by the ATO Gross up factors of and as applicable. The HR representative designated to provide HR services to the employer. Manual Handling involves the application of human effort to move something. Occupationally, manual handling constitutes a considerable risk of musculoskeletal injury. Manual Handling is defined as an activity requiring the use of force exerted by a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any person, animal or thing. National Employment Standards ( NES ) Part-time employees Probationary period Remuneration Total Remuneration ( TR ) Sheet The minimum set of conditions that apply to all employees in Australia, regardless of whether they are award or award free. There are 10 NES and these cover hours of work, flexible working arrangements, leave provisions, public holidays, notice of termination and redundancy pay. A part-time employee is one who works minimum number of contracted hours per week that are less than that worked by a full time employee. Part time employees may be employed on a permanent, temporary or fixed term basis. A part time employee s hours may be worked on a regular basis or may be averaged over a given period of time. Such employee s ordinary hourly rate is arrived at by dividing the full time weekly wage by 38. The normal benefits of full-time work apply to part- time workers, but all accrue in proportionate terms. A specific period of time at the commencement of an employee s employment during which the employer assesses the employee s capability and suitability for the position undertaken. Wages or salary paid to an employee pursuant to an award or employment contract. A Total Remuneration Sheet or TR Sheet is a document, which details all components of an employee s remuneration package. A TR Sheet should be completed for each employee regardless of his or her employment status. The TR Sheet comprises three sections; Cash component, Non- Cash Benefits and Standard provisions. The sum of all components contained within the three sections is the employee s Total Remuneration Package. Copyright 2014 Uniting Church Last updated: 05/06/2014 Page 6 of 6