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Department of Commerce
Kate DarcyEducation Officer
Education and Advisory Services
Labour Relations
www.commerce.wa.gov.au/LabourRelations
Topics to be covered
Labour Relations in WA
Awards and Agreements
Types of working arrangements
Employer obligations
Termination and Dismissal
What system are you in?
State System
Soul Trader Partnership
1300 655 266 13 13 94
National System
Constitutional CorporationPTY LTD
Awards and Agreements
• Legal documents that are set by government bodies (WAIRC, FWA)
• Policed and enforced by government departments (e.g. Commerce, Fairwork)
• Awards for different occupations ie: Hairdressers, Security, etc
• Agreements are for that business alone ie: McDonalds, Coles etc
What they contain
• Type of employment (F/T, P/T, or casual)• Pay rates and penalty rates – overtime• Allowances – meal, tool, location• Public Holidays • Leave – annual, sick, carer’s, etc• Uniforms
Note: You DO NOT have to sign anything to be covered.
Minimum Conditions
• Rates of pay• Weekly hours• Leave entitlements (annual, sick, carer’s, parental, bereavement)• Every hour worked is paid• No unauthorised deductions from pay
Working Arrangements
Permanent: Full Time, Part time– Regular hours, same roster– Ongoing work– Paid leave
Casual– Irregular hours, roster
varies– Only work when needed,
can refuse work– No paid leave– Higher hourly rate
S M T W T F S10-4
9-5 9-5 9-5 9-5
10-4
9-5 9-5 9-5 9-5
S M T W T F S12-3
10-2
11-9
10-1
9-12
10-2
Leave Entitlements
Permanent staff4 weeks paid holidays (17.5% loading)10 days paid sick/carers leave10 public holidays
All staff2 days paid bereavement leave per
occasionParental leave
Long service leave
Working Arrangements
What are the characteristics of permanent and casual staff?
Trial Work
Before engaging on any trial work, always ask these three questions:
1) What job will I be doing?2) Will I get paid for it?3) How long will the trial go for?
Try get in writing
Employees- Have tax file number (TFN)- Employer controls what, when and how they work- Paid by the hour
Sub-contractors- Have an Australian business number (ABN)- They are their own business, so they control what, when and how they
work- Paid by result
Sham Contracting- Employee in nature but the employer pays under an ABN- Is illegal
Working Arrangements
Employers Obligations
A Safe Workplace
Equal Opportunity
Workers’ Compensation
Long Service Leave
Superannuation
Taxation
Employee obligations
As an employee you have the following obligations to your employer
To follow lawful commands Duty to account for monies received Confidentiality, duty and care
Termination
• Unlawful dismissalGender, race, colour, age etc
• Unfair Dismissal – no valid or fair reasonCapacity to do the jobConduct or BehaviourOperational requirements of the business - redundancy
• Procedural fairness Step 1. Notify employee of the problem
Step 2. Outline the changes that must occurStep 3. Give them an opportunity to respond with a time
frame
Termination
What is a fair reason to be fired?
Disputes! what to do
Collect all the correct information Follow the dispute settlement procedure Keep ALL records – payslips, correspondence
etc 6 year statute of limitations
www.commerce.wa.gov.au/wageline
1300 655 266
A word of advice
This presentation has been provided as a general
overview only.
Specific professional advice should be sought in each case before acting or not acting on the information
contained in this presentation.
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