BSBMKGT502

[Document subtitle]

[Company address]
 TASK 1

1. Explain the key provisions of the Fair Work Act 2009.

The Fair Work Act 2009 (Act) is the primary piece of legislation governing Australia’s workplaces.
It is the foundation to all standards and regulations for employment and something that
employers in all industries and within all business sizes should be familiar with. The rules and
obligations for employees and employers which are outlined within the Fair Work Act 2009 are
known as the national workplace relations system. The purpose of this system is to provide a
balanced framework for productive workplace relations which promotes national economic
prosperity and social inclusion for all Australians. Which essentially means that it is in place for
the good of all and does not come with any subjective or biased perspectives.

2. Explain the key provisions of each of the following Acts:

 The Racial Discrimination Act 1975
 Sex Discrimination Act 1984
 Disability Discrimination Act 1992

The Racial Discrimination Act 1975: The Racial Discrimination Act 1975 (Cth), (RDA) is a
statute passed by the Australian Parliament during the Prime Ministership of Gough Whitlam. The
RDA makes racial discrimination in certain contexts unlawful in Australia, and overrides States
and Territory legislation to the extent of any inconsistency.

Sex Discrimination Act 1984: The Sex Discrimination Act 1984 is an Act of the Parliament of
Australia which prohibits discrimination on the basis of sex, marital or relationship status, actual
or potential pregnancy, sexual orientation, gender identity, intersex status or breastfeeding in a
range of areas of public life. These areas include work, accommodation, education, the provision
of goods, facilities and services, the activities of clubs and the administration of Commonwealth
laws and programs. The Australian Human Rights Commission investigates alleged breaches of
the Act.

Disability Discrimination Act 1992: The Disability Discrimination Act 1992 makes it unlawful
for an employer to discriminate against a person on the grounds of disability (including a

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 disease).

3. Explain the purpose of the National Employment Standards and the 10 minimum entitlements.
The National Employment Standards (NES) are 10 minimum legislative requirements to which all
employees are entitled.

When your workplace makes an Enterprise Agreement, these agreements can provide superior
entitlements, but cannot provide for anything less than provided for by the NES.

THE NES 10 MINIMUM ENTITLEMENTS

HOURS OF WORK: 38 hours per work plus reasonable additional hours. An employee can refuse
unreasonable additional hours.

FLEXIBLE WORK FOR PARENTS: An employee who has caring responsibilities for a child under
school age or a child under 18 with a disability may request a change to workplace arrangements to
accommodate caring responsibilities. This request can only be refused on reasonable business
grounds.

PARENTAL LEAVE: An employee is entitled to 12 months unpaid parental leave and to seek a
second period of 12 months unpaid leave. The request can only be refused on reasonable business
grounds. The decision to refuse the request is not reviewable under the NES although Agreements
can provide for a right to review this decision.

ANNUAL LEAVE: Employees are entitled to 4 weeks annual leave and shift workers 5 weeks.
Agreements can allow employees to cash out annual leave by agreement, so long as the employee's
remaining accrued annual leave entitlement is 4 weeks. Agreement-free employees can cash out
annual leave by agreement on the same conditions.

PERSONAL, CARERS, COMPASSIONATE LEAVE: 10 days personal/carers leave. An employee is also

entitled to an additional 2 days unpaid carer's leave per occasion and 2 days paid compassionate
leave per occasion. Agreements can allow employees to cash out personal leave by agreement, so
long as the employee's remaining personal leave entitlement is 15 days.

COMMUNITY SERVICE LEAVE: This applies for jury service and voluntary emergency management
activities, such as CFA. Leave is unpaid, except for the first 10 days of jury service where the
employee is not casual.

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 LONG SERVICE LEAVE: Employees are entitled to long service leave in accordance with pre-existing
entitlements.

PUBLIC HOLIDAYS: An employee is entitled to be absent from his/her employment on a day that is
a public holiday where the employee is based. An employee may refuse a request to work on a
public holiday if the request to work is unreasonable, or the reusal to work is reasonable.

TERMINATION OF EMPLOYMENT AND REDUNDANCY: An employer must give a minimum notice

period for termination of employment and redundancy. The period is dependent on the years of
service. Where an employee's employment is terminated for redundancy reasons, the employee is
entitled to redundancy pay. The amount of redundancy pay is dependent on the years of service.

INFORMATION STATEMENT: Employers must give all employees on commencement of their

employment a statement advising the employee of their entitlements and rights under the Act
Statement to be published by Fair Work Australia.

4. Explain the use of modern awards in workplaces.

A modern award will outline all the terms and conditions of employment for most employers and
employees. If the business is covered by a registered agreement, it is usually the case that the
conditions of a modern award are no longer relevant. However, if the base rates of pay in an
agreement are lower than those in the relevant modern award, the base rates of pay in the modern
award will apply. Modern awards apply to all employees covered by the national workplace relations
system. These are industry or occupation-based, and apply to employers and employees who perform
work covered by the award.

5. Identify at least two examples of modern awards using the Fair Work Ombudsman website.
Write down the name of the award and the minimum wages under the award and minimum
working hours.
a) Labour Market Assistance Industry Award 2010
 Minimum weekly wage is 814.50 $
 The ordinary hours of work will be no more than an average of 38 hours per week
to be worked over 152 hours within a work cycle not exceeding 28 days and not
exceeding 10 hours in any one day.

b) Legal Services Award 2010

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  Minimum weekly wage is 802.50 $
 Work:

(a) The ordinary hours of work for day workers are to be an average of 38 per
week but not exceeding 152 hours in 28 days.

(b) The ordinary hours of work may be worked on any day or all of the days of the
week, Monday to Friday.

(c) The ordinary hours of work are to be worked continuously, except for meal
breaks, at the discretion of the employer between 7.00 am to 6.30 pm, Monday to
Friday. The spread of hours may be altered by up to one hour at either end of the
spread, by agreement between the employer and the majority of employees
concerned.

(d) Any work performed outside the spread of hours is to be paid for at overtime
rates. However any work performed by an employee prior to the spread of hours
which is continuous with ordinary hours for the purpose, for example, of getting
the workplace in a state of readiness for other employees to start work is to be
regarded as part of the 38 ordinary hours of work.

6. Outline the purpose of an enterprise agreement and with which entity must the agreement be
registered.

Enterprise agreements are agreements made at an enterprise level between employers and
employees and their union, about terms and conditions of employment.

They can also be made by more than one employer, with a group of employees. Although Awards
cover minimum pay and conditions for an industry, enterprise agreements can cover specific
arrangements for a particular enterprise. An agreement must be approved by and registered with
Fair Work Ombudsman.

7. Outline minimum terms and conditions that must be included in an enterprise agreement.

An enterprise agreement is an agreement about permitted matters which are:

 terms about the relationship between each employer and the employees covered by the
agreement

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  terms about the relationship between each employer and any employee organisations (e.g. a
trade union) who will be covered by the agreement
 deductions from wages for any purpose authorised by an employee covered by the agreement
 how the agreement will operate.

8. Explain the process of performance management and the purpose of using performance
management systems in the workplace.

Performance Management is the term used to describe the process set by an organisation to ensure
all employees are aware of the level of performance expected of them in that role, as well as any
individual objectives they will need to achieve to achieve overall organisational objectives. The sole
purpose of a performance management system is to assess and ensure that the employee is carrying
out their duties which they are employed to do in an effective and satisfactory manner, which is
contributing to the overall business objectives.

9. Explain two types of performance management systems that can be used at work.

Manager Performance Appraisal

In this type, managers go through the appraisal process. It is the role of the manager that is very
crucial handling both the team and the client. Manager has to satisfy the clientele without disrupting
the (team’s) employee morale. Most often manager appraisal process involves feedback from the
respective team members and sometimes from the client as well.

Employee Self-Assessment:

The employee assesses himself/herself and it is finally compared with the manager’s completed
assessment results. It is followed by discussions and if there are differences, manager speaks to the
employee about it.

10. In what form must an employer provide an employee with notice of termination.

Written.

11. Under the Fair Work Act, what amount of notice must be given to employees who have worked
for a company for less than one year.

1 week.

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12. List two types of employees to whom notice of termination would not need to be provided.
 are fired because of serious misconduct (eg. engaging in theft, fraud or assault)
 have a training arrangement and are employed for a set period of time or for the length of the
training arrangement (other than an apprentice)

13. Under what circumstances is an employee entitled to redundancy pay.

 An employee is entitled to redundancy pay (subject to the exceptions set out below) from the
employer if the employee is terminated:
 at the employer’s initiative because they no longer require the job to be done by the employee
or anyone (except where this is due to the ordinary and customary turnover of labour)
 because of the insolvency or bankruptcy of the employer.

14. Explain at least three circumstances that can constitute unfair dismissal.
 seeking office as, or acting as, a representative of employees
 being absent from work during maternity leave or other parental leave
 temporary absence from work to engage in a voluntary emergency management activity

15. Which circumstances must apply for the Fair Work Commission to determine that an employee
has been unfairly dismissed.

The Fair Work Commission may consider an employee has been unfairly due to following reasons:

 discrimination
 a reason that is harsh, unjust or unreasonable
 another protected right.

16. Outline five ways of that staff can develop skills at work
 Identify Priorities
 Coaching & Mentoring
 Cross-Departmental Training
 Conflict Resolution
 Mentoring from supervisor

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17. As a manager, list three types of information that you could provide to staff to help them to
develop their knowledge base.
 Internal documents such as newsletters or reports
 Growth Plans
 90-Day Learning Goals


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  TASK 2

Boutique Build Australia

Human Resources Action Plan

Strategies Actions Priorit Time Responsibilit Performance

(what) (how) y Frames y Indicators
(L/M/ (when) (who) (measurement)
H)
Build high quality Research and plan for the launch of new H Aug 2016 Construction Build high
residents to meet innovative, environmentally friendly - manager quality residents
customer needs and homes. Ongoing to meet
aspirations customer needs
and aspirations
More learning and a) Communicate with staff regarding their H Nov L&D Catch Ups and
development L & D plans. 2016 - coordinator performance
sessions b) As per the employees interest and Ongoing review session
enhancement of their knowledge conduct twice a month.
training sessions monthly.

Risk assessment Plan

Risk Consequences Severity Likelihood Treatment/control methods Person responsible

Rating Rating

The world a) drop in consumer Significant Remote a) Target markets with strong Director
recession and spending growth forecasted.
the domino b) affecting businesses b) Monitor the economic
effect. c) lay off workers due trends.
to losses. c) Regularly review
performance in line with
anticipated market conditions

 TASK 3

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 1. Develop a performance management policy and procedure

Please find file ‘Performance management policy and procedure’ as an answer.

 TASK 4

Email to Jamie:

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Dear Jamie

This email is in regard to the performance review discussion. I have blocked half an hour for coming
Friday at 3:00 PM for same.

Please have a look at the attached template for performance review and let me know in case of any
questions!

Kind Regards,

Human Resources Manager

Performance review agreement:

Boutique Build Australia

Performance Agreement

Employee: Jamie

Role: Learning and Development Coordinator

Date: 13th May 2019

Performance Guidance Overall rating Comments

Work product Satisfactory Is not afraid to take calculated risks to make things
work better.
Dependability Exceptional She consistently impresses us with her willingness
to do whatever it takes to get the job done.
Cooperativeness Strong Training sessions are engaging. Jamie is very
outgoing and popular with the staff.
Adaptability Satisfactory Open to any proposed change.
Communication Satisfactory Her positive attitude and willingness to listen are
highly appreciated by her coworkers.
Decision-making Strong She always defines a problem clearly and seeks out
alternative solutions.

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 Performance Guidance Overall rating Comments
Service to clients Strong Great trainer, very outgoing.
Use of equipment Satisfactory She is flexible and has the ability to adjust to any
situation. She shows willingness to do whatever is
necessary to get the task done.
Project planning Strong She sets concrete and measurable goals.
Work group management Strong She puts getting the job done ahead of her own
interests.

Development agreement
The following development needs have been discussed and agreed to be undertaken over the next 6
months.

Areas for development Actions

 Join writing workshops, or get a coaching from

someone with the required skill.
Writing Skills
 Brush up on the basic principles of writing, grammar
and spelling.

Employer Signature:

Employee Signature:

 TASK 5
1. Email to Janice to discuss her work.

Hi Janice,

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 This email is regarding your poor work performance. I want you to attend a meeting with me
on 23rd June 2019 at 1:00 PM as I need to speak to you about same.

Thanks!

Human Resources Manager

2. Follow up email to Janice.

Hi Janice,

This is a follow up email.

Gentle reminder for you that moving forward you will definitely communicate your manager
regarding your late reporting in case of emergency and complete your work before their
deadlines. Please reach out to me in case of further queries and concerns!

Thanks,

Human Resources Manager

3. Termination letter

Hi Janice

This employment termination letter is to inform you that your employment with Boutique
Build Australia will end as of July 11, 2017. This decision cannot be changed.

You will receive your final paycheck for this month and payment for remaining leave today.
Once you have signed and returned the attached release of claims document, you will receive
a $15,000 severance payment.

Your health care benefits will remain in effect for another 90 days.

You are requested to return the company laptop, swipe card, and cell phone before the end of
the day.

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 If you have questions about compensation, benefits, company property or policies you have
signed, please contact Scott Reon at 555-0666.

Thanks!

HR Manager

4. Summary of termination procedure

Employee termination procedure

Whether the employee quits, was fired, or laid off, use the following employee termination
procedures.

Issue the last paycheck

When an employee is terminated, you must pay out all outstanding wages, expenses, unused
vacation pay, and any other compensation owed to the employee.

When the final paycheck is due is based on state laws. The final paycheck might be due upon
termination or within a certain number of days. Despite state laws, it is often good practice to
have the final paycheck available right away. That way, you don’t have to mail it and the
employee doesn’t have to come back to get it.

You cannot attempt to deprive the employee of their wages. You’re not even allowed to add a
condition of receipt. For example, you cannot require the employee to sign a form saying they
will never sue you to get their final wages.

Remember, the final paycheck is different than severance pay.

Give severance pay

Severance pay is not a requirement, but you can give it to a terminated employee. Typically,
severance pay is only reserved for layoffs, job eliminations, and mutual agreements to
terminate employment.

Severance pay can help the employee ease the transition from employment to unemployment.
You can make receipt of severance pay conditional so you get something out of it too. For

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example, you can require the employee to give up their right to sue you to get the severance
pay.

Retrieve business property

Before the employee leaves your business for the last time, make sure you get back all of your
business property. This includes keys, computers, phones, ID badges, and credit cards.

Make sure you also remove the employee’s access from any company accounts. You might be
able to log into your account and revoke access. Or, you might need to collect and change
passwords.

Explain COBRA
Your employees might be eligible for continued medical coverage through the Consolidated
Omnibus Budget Reconciliation Act (COBRA). Because of the act, businesses with 20 or more
employees that provide health insurance must give terminated employees the opportunity to
remain on the insurance policy for 18 months after termination. However, the former
employee must pay the premiums themselves.

Tell the employee how they can sign up for COBRA continuation coverage. Let them know
what forms they need to fill out and how long their coverage lasts.

End child support withholding

If you withhold child support from the terminated employee’s pay, you must report that the
employee no longer works for you. Report the termination as soon as possible to the child
support agency, court, or attorney that issued the income withholding order.

Beyond employees with child support withholding, you do not need to report employees to
state or federal governments.

Conduct an exit interview

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On the employee’s last day, hold an exit interview. This is an interview where you ask the
employee about their experience at the company and why they are leaving.

Find out why the employee is leaving. Ask what the employee liked and disliked about your
business. You might learn something from the interview that can help you improve your
business.

During the interview, explain the employee’s final pay, end of benefits, and COBRA.

If the employee has any questions about their termination and future interactions with the
company, answer them during the interview.

Update your payroll

Updating your payroll is an important part of the dismissal procedure. You don’t want to
accidentally run payroll for the terminated employee in the future. Take the employee off your
payroll. But, make sure you keep your payroll records for them. You must still send them a
Form W-2 at the end of the year.

You must keep your payroll records for the employee for at least three years. And, you need to
keep employment tax records for at least four years.

Talk to remaining employees

Your remaining employees need to know about the termination. Tell them only what they
need to know about why the employee is leaving, especially if you fired the employee.

Tell employees when, or if, the position will be filled. Explain how the employee’s duties will
temporarily or permanently be reassigned.

Handle unemployment benefits

If the employee was laid off, they might be able to claim unemployment benefits from the
state.

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If the employee files for benefits, the state unemployment department will contact you to
verify their unemployment claims. Respond as soon as possible so the former employee can
receive their unemployment benefits.

If you believe that the employee doesn’t deserve the benefits, you can say so.

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