KNOW WHAT YOU NEED TO KNOW EMPLOYER ASSISTANCE LINE. Chamber of Commerce & Industry Queensland

Transcription

1 KNOW WHAT YOU NEED TO KNOW EMPLOYER ASSISTANCE LINE Chamber of Commerce & Industry Queensland

2 Every small and medium business in Queensland has to comply with more than 100,000 pages of state and federal legislation. The Fair Work Act 2009 alone numbers 1,700 pages, including complex rules that govern how you need to run your business and manage your staff. Do you know everything you need to know? A phone call to us now means you won t pay for a mistake later. THE EAL DIFFERENCE We know small and medium business owners know what they re doing. We respect your work, policies and processes, and we re here to keep you within the law so you don t pay the price later. Our professional, in-house team understands the legislation that dictates your policies, but we also know the law is only part of your compliance. We ll work with you to practically interpret the legislation and, by applying it to your work, make it a commercial reality for your organisation. We re not here to tell you what to do, to rewrite your processes, or to charge you for every minute of our time. We re here to give you options and alternatives, to listen, interpret and offer individual support. We re part of your team. I will call EAL for any issues related to human resources as they arise before I think of spending my limited budget. Vivianne Dawalibi, Caloundra Bulk Billing Surgery 1 CCIQ EMPLOYER ASSISTANCE LINE

3 GET IT RIGHT BEFORE YOU GET IT WRONG WHAT IS EAL? Employer Assistance Line is a critical part of CCIQ membership, providing free* professional advice on industrial relations and human resources matters. IR and HR mistakes can be easy to make and expensive to fix. We work to give our members the most recent and accurate information about the areas that concern them most: industrial relations, workers compensation, staff discipline, and compliance. We ll help you get it right before it goes wrong. Legislation, wage rates, allowances and awards change regularly. As a CCIQ member, you ll benefit from our IR Alert, with the latest information sent directly to your inbox. We re available on phone and . Whatever your query, we ll get you fast feedback on what you need to know. WHAT CAN I ASK EAL? We ll help you with anything to do with employing staff. We ll help you define and interpret the awards that apply to your employees, explaining in plain English the terms and conditions, and your legal obligations. Workers compensation, industrial relations and human resources matters are often complex think unions, workplace safety, pays, termination, performance management, discipline procedures, and leave and errors can lead to legal action. Talk to us first, and we ll save you time and reduce your risk. * Not included in Opportunity membership. Opportunity members can purchase access on a pay-as-you-use basis. Please consult your membership guide for details and pricing. We define a call as taking an issue from the primary contact with us through to resolution, not as individual telephone or conversations. We always call the EAL first off. We don t bother calling anyone else as we always get the help we need in a very quick manner. Susie McIntyre, Men@Work Call or advice@cciq.com.au and we ll have an answer for you within 24 hours. Talk to EAL to save your money. The average cost of defending an unfair dismissal claim is $30,000. CCIQ EMPLOYER ASSISTANCE LINE 2

4 FREE SERVICE TO CCIQ MEMBERS When you re a CCIQ member, you get free calls* to the Employer Assistance Line, plus a detailed analysis of what you need to provide under different awards. Starter, 5 9 staff Growth, staff Expansion, staff Leadership, staff Prestige, 500+ staff 5 calls + 2 award 5 calls + 2 award 15 calls + 2 award 25 calls + 5 award 25 calls + 5 award You also have access to CCIQ s regular information sessions, keeping you up to date with your IR and HR obligations. Sessions include: bi-annual roadshows and masterclasses throughout Queensland regular webinar program covering the latest IR issues the latest IR and HR news through CCIQ s The Week and Inform publications. * Not included in Opportunity membership. Opportunity members can purchase access on a pay-as-you-use basis. Please consult your membership guide for details and pricing. We define a call as taking an issue from the primary contact with us through to resolution, not as individual telephone or conversations. The information that we receive from EAL is fantastic. If at the time the representative is not sure and needs to clarify, they always ring back within the hour with the answer. There is no long wait period like the FWA hotline. Susie McIntyre, Men@Work WE HAVE THE ANSWERS YOU NEED WHAT DO OUR MEMBERS ASK EAL? What award covers my business and what is the wage for various jobs? My business is on the downturn and I have to retrench staff. What do I do and how much do I have to pay? Can my employee take sick leave during their notice period? I have a staff member coming back from maternity leave. Their role is an important and full-time job, but they only want to work three days a week. Do I have to agree to their request? One of my employees regularly fails to attend work and has now used all of their personal leave up. What can we do? We are going to dismiss an employee. Their contract states that we must give them 4 weeks notice, but the National Employment Standards only provides for 2 weeks notice. Which applies to us? What records do we need to keep on file for each of our employees? Can one of our employees cash out some of their long service leave? 3 CCIQ EMPLOYER ASSISTANCE LINE

5 HELP AT EVERY STAGE From hiring new staff to making a final payout, we ll help you at every stage of the employment process. Best of all, as a CCIQ member, you can benefit from our knowledge free of charge. PRE-EMPLOYMENT potential award and classification coverage employing trainees and apprentices award subscription and wage allowance advice DISMISSING AN EMPLOYEE solutions for termination unfair and unlawful dismissal redundancy entitlements final payments There are a variety of different reasons why employers don t pay their employees correctly but, in the overwhelming majority of cases, it s because business operators aren t fully aware of their obligations or have made a mistake. Fair Work Ombudsman Natalie James* HIRING application forms probation periods and employment status (permanent full-time, part-time or casual) hours to be worked and rates of pay MANAGING EMPLOYEES performance management employee counselling absenteeism workplace health and safety award interpretation (including hours of work, overtime, penalty rates, annual leave, personal leave) long service leave calculations union relations superannuation IR alerts KEEPING YOU UP TO DATE IR Alert, updating you when legislation changes notification of changes to the modern awards relevant to your business notification of changes to wage rates and allowances regular IR events, masterclasses and seminars in your region regular webinar program covering the latest IR issues the latest IR and HR news through CCIQ s publications, The Week and Inform * The Courier Mail, September 25, 2013 CCIQ EMPLOYER ASSISTANCE LINE 4

6 WORKING WITH THE EAL Here are some case study examples about how we help members. REDUNDANCY: DOWNTURN IN TRADE A truck repairer contacted us because work had slowed and they could no longer afford to continue the office manager role. The member wanted to redistribute parts of the job and hire a receptionist at a lesser rate. We advised the member to talk to the office manager, discussing their options and offering them the receptionist role. If she declined, then the member could move to make the position redundant. As they are a small business, the truck repairer is exempt from paying the severance benefit but must pay notice, accruals and outstanding wages. If the member got it wrong and didn t consult with the employee, they may have missed their obligations under the relevant redundancy provision and been exposed to an unfair dismissal claim. FAIR WORK OMBUDSMAN: UNDERPAYMENT OF WAGES A member contacted us after the Fair Work Ombudsman accused them of underpaying a former employee. We reviewed the member s collective agreement to ensure it was compliant with the relevant transitional laws, and compared the rates with those used by the Ombudsman. We then advised the member to prepare a response to the Fair Work Ombudsman, outlining what the applicable rate was compared to the former employee s pay slip, showing the employee had indeed been paid correctly. By not actively participating in the Fair Work Ombudsman s internal processes and assessing a claim for its validity, the member would be at risk of lengthy and costly litigation. EMPLOYMENT OPTIONS: DRINK DRIVING A member contacted us when one of their employees, a truck driver, was charged with drink driving and lost their license. The member was keen to help the employee, a good worker, but as the business was located remotely and not serviced by public transport, a work license would not help. We talked the member through a number of available options, from allowing the employee to be absent from work on approved leave, through to termination of employment. By not seeking and taking commercially sound advice, this member may have lost a good employee and found themselves defending an unfair dismissal case. I have and will continue recommending EAL to CCIQ members, and even encourage others to join CCIQ for such a service, which is vital for any small business hiring employees. Vivianne Dawalibi, Caloundra Bulk Billing Surgery Getting it wrong is expensive. Phone EAL to get it right. 5 CCIQ EMPLOYER ASSISTANCE LINE

7 WORKCOVER: ABSENCE A member contacted us about terminating an employee who had been on WorkCover for 41 weeks. When their claim was ceased, the employee produced a Centrelink medical certificate providing a further absence from the workplace. We advised the employee could not be terminated within a 12-month period of sustaining a compensable injury, but that the member should meet with the employee about returning to work, and to learn more about the employee s injury in relation to the job. By not complying with the relevant occupational health and safety laws, this member may have faced civil penalties for breaching the law as well as wrongful termination litigation. EMPLOYMENT OPTIONS: THEFT A member asked us about terminating an employee believed to be selling business stock on the employee s Facebook page. The product allegedly being sold was the same item the company noticed missing. We advised the member to make further inquiries and investigate the matter before approaching the employee to discuss the evidence, giving them an opportunity to respond. By not thoroughly investigating the alleged theft to confirm its validity, the member s move to terminate this employee could have resulted in a costly unfair dismissal claim. I tried the EAL service and I received legal support from the EAL team, who were very knowledgeable about the subject and very caring they even called me a few weeks later to follow up how the incident with one of my staff progressed. I found that to be an amazing free professional service. Vivianne Dawalibi, Caloundra Bulk Billing Surgery Talk to the EAL to save your time. If litigation goes to a hearing, expect a wait time of eight months with no guarantee of a win. And if there s an appeal, it could take up to 18 months. CCIQ EMPLOYER ASSISTANCE LINE 6

8 Chamber of Commerce & Industry Queensland 375 Wickham Tce, Spring Hill QLD 4000 Telephone