Awards
Modern awards, or simply awards, are legal documents that outline that minimum pay rates and conditions of employment, such as leave entitlements, overtime, and shift work. The awards are regulated by the Fair Work Commission and Fair Work Ombudsman.
These awards cover most people in Australia and are industry- or occupation-based, meaning awards are consistent across a specific industry or job.
Applying awards
Check the list of awards provided by the Fair Work Ombudsman website to determine which awards apply to your workplace. Take note that depending on the nature of business or project, you may have more than one award to apply. For example, in the construction industry, multiple awards can be applied aside from the usual Building and Construction Award, such as:
- Electrical, Electronic and Communications Contracting Award
- Mobile Crane Hiring Award
- Plumbing and Fire Sprinkles Award
- Gardening and Landscaping Services Award
Therefore, you must review the nature of work and tasks your project has, as awards may vary even from project to project.
Also, make sure that modern awards are up to date with the current arrangement on awards, as revision may have been made throughout the project. Again, you have to review the awards from their list linked above to comply with the current arrangement of awards and provide the current conditions of employment.
Registered agreement
A registered agreement is a document between the employer and their employees regarding employment and workplace conditions. The agreement must be approved by and registered with the Fair Work Commission.
Agreements provide custom, usually better, conditions of employment, as opposed to an award, but conditions should never be less than the conditions of an award. When an agreement is applied, the award is not applied at the same time.
Applying agreements
The Fair Work Act 2009 provides a simple, flexible, and fair framework that assists employers and employees to bargain in good faith to make an enterprise agreement.
Since agreements are more customised than awards, make sure that agreements, whether covering for a group of workers or for a whole business or project (called an enterprise agreement), are tailored to meet the needs of your workers. Specifically, you should consider your workers when planning for conditions of an agreement, such as:
- Pay Rates
- Employment Conditions (e.g. work hours, breaks and overtimes)
- Consultative Mechanisms
- Dispute Resolution Procedures
- Deductions from wages from any purpose authorised by an employee.
Also, make sure that the agreements you will be applying to your workers will give them better benefits than the awards applicable to them. Otherwise, the agreement will not apply, and the awards appropriate to them will apply instead. Therefore, researching the award is also vital when applying agreements.
Subcontractor agreement
A subcontractor agreement is essentially the contract made between the main contractor and the subcontractor on the specific work to be done on behalf of the main contractor. The agreement formalises the terms and conditions. Subcontractors can usually negotiate their fees, working arrangements and other condition. The agreement is formalised once signed by both parties. This ensures that the work will be accomplished according to the agreed terms and conditions of the agreement.
As legal requirements, you need to properly apply these awards and agreements to comply with industrial relations legislation, such as the Fair Work Act 2009 and Fair Work Regulation 2009. Not only that, providing good employment and workplace conditions will help encourage workers to be more productive and retain in the project until its completion. Therefore, it is imperative that you learn how to apply the awards and agreements.
Applying subcontractor agreements
Since subcontractor agreements are covered by the Fair Work Act 2009 and the Independent Contractors Act 2006, make sure that terms and conditions set upon your contract or agreement with the subcontractor are fair and reasonable. When subcontractors negotiate their terms, re-examine the contract and see if their terms are reasonable to amend or change. A good contract between you and your subcontractors will definitely benefit the project with hardworking subcontractors.
Training agreements (or training contracts) are legally binding agreements between employers and employees being trained as apprentices or trainees in an organisation, granting them a nationally recognised qualification while employed.
The main method of identifying provisions in a training agreement is through reading and reviewing the training agreement itself. This will help you see the training agreement from the perspective of your potential trainees and apprentices. Certain parts of training agreements specifically detail the provisions and obligations of all parties concerned: the employer, the employee/trainee, and the parents or guardians of a trainee if the trainee is under 18 years of age.
Provisions mainly revolve around the obligations and expectation from both employer and employee during the duration of the training period. Make sure that both parties can agree on all obligations and expectation. Also, provide clear obligations so that trainees would understand their obligations easily. Aside from trainee obligation, you should also state your organisation's obligations as the employer, such as providing facilities and equipment and work and training supervision.
Applying provisions to training agreements
Once the provisions in the training agreement are identified, you should properly apply these provisions for the duration of the training period. The primary way of applying the provisions is by creating and implementing a training plan for your trainee.
Training plan
From the name, a training plan outlines the training the employee will undertake for its duration. It indicates the Registered Training Organisation (RTO) conducting the training and the schedule and location of the training. The training plan also outlines the qualification (with the units of competency), workplace training, and the trainee's assessment. The RTO develops the training plan with the trainee/apprentice as well as the employer.
The training plan is not just a document to be filled out before the training begins. Training plans should be updated regularly to help reflect and monitor the progress of the trainee. And the trainee and the employer should be provided with a copy of the updated training plan.
As with the training contract, the training plan also highlights the responsibilities of all parties concerned with the training, mainly the trainee, the employer, and the RTO. Primarily, the training plan identifies the responsibilities.
As the employer, to apply the provisions of the training agreement is to commit to your obligations and responsibilities as indicated in the agreement and the training plan. You should supervise your trainees, and, if possible, to see if they are making good progress and monitor the trainers if they are doing what is expected of them. As mentioned earlier, you should provide adequate facilities and equipment to your trainees, when necessary. This will show your dedication and support to the trainees and comply with your obligations in the training agreement.
Making training information available
As an employer, you should make information regarding training known to all your workers involved in training inside the organisation. This will help you and your organisation be clear and transparent with the procedures and requirements regarding traineeship and apprenticeship in your organisation. This includes the necessary documents, such as the training contract and the training plan.
The following methods are ways to disseminate information on traineeship and apprenticeship to all concerned workers.
Contract Signing
Once the training plan and training agreement have been finalised, you should take this time to let your potential trainees read through and review these documents to inform the specific provisions of the agreement.
Induction
During the start of training, induction may be used to inform your trainees on necessary information they should know, such as information on the qualification, workplace tasks, assessment. Other information related to the training, such as hazards, risks, and emergency response, can also be discussed.
Announcements
You may post an announcement on current policies and procedure relating to traineeship and apprenticeship whenever they are updated. You must send emails to your employees so that information is circulated easily. You may also post hard copies of the announcement on bulletin boards in your workplace.
Making information known to your workers is your obligation as an employer. You are also giving opportunities to your workers, helping your organisation in the process as you will train your workers to be more competent and specialised.
In any workplace, discrimination and harassment are not tolerated. Workers should be treated fairly and should be given equal opportunities in the workplace.
This video explains what is considered discrimination in the workplace:
Discriminating and harassing workers have an adverse effect on their:
- Personal health: mental, emotional, psychological, physical
- Social interaction and behaviour: social avoidance, isolation, fear, and distrust
- Work performance: lack of motivation, poor concentration, and lower productivity
Discriminating and harassing in the workplace is also illegal and punishable under the legislation and legal requirements of industrial relations. Therefore, you and your management are responsible for ensuring these things are not practised in the workplace. Thus, you should employ proactive measures that prevent them from taking place and processes that will help the aggravated parties in case they do occur in the workplace.
Review the legislations related to discrimination and harassment
Legislations provide the legal requirements that people should comply with, in this case, to prevent discrimination and harassment from occurring in the workplace. Here are some of the legislation you can take a look into:
- Fair Work Act 2009 and Fair Work Regulations 2009
- Australian Human Rights Commission Act 1986
- Australian Human Rights Commission Regulation 2019
- Age Discrimination Act 2004
- Disability Discrimination Act 1992
- Racial Discrimination Act 1975
- Sex Discrimination Act 1984
Create workplace discrimination and harassment policies
Your organisation or project should create policies that lay out the guidelines on avoiding discrimination and harassment and their indicators so that those in the workplace can identify if someone is being discriminated against or harassed. The policies should also have procedures on reporting discrimination and harassment in the workplace and the sanctions when proven true. You can use this template, provided by the Australian Human Rights Commission, as a guide to help you and your management to create policies for your workers.
Raise awareness on workplace discrimination and harassment
This measure helps sensitise your workers that discrimination and harassment can happen in the workplace if they are not aware of them. You can build awareness by providing interactive seminars on workplace discrimination and harassment. If applicable, you can also provide training to appropriate personnel, such as human resources and health and safety officers. You may also send regular e-mails and display posters on the topic to help cement their awareness.
Practise good workplace relationship and communication
Become a model for a safe and productive workplace by practising fair and equal treatment when working. When working at least at a supervisory level position, give all your workers the opportunity to grow. See the potential in all of your workers to help you not discriminate against others. Call out those who may show signs of harassing others. Make them part of your meetings to ensure that no one is being harassed or discriminated against or, if someone is, the incident is raised, reported, and actioned upon.
Take incidents of discrimination and harassment seriously
You and your management should consider these incidents in a significant matter. Make sure that no case is neglected and all cases are given attention. Remember, management is accountable for the employees' and workers’ actions and is, therefore, liable for any incidents. Thus, you should handle incidents carefully to ensure it is resolved, both for the organisation’s and its workers’ sake.
Promote health and safety of your workers
Sometimes, the victims of discrimination and harassment do not report their cases for fear of further complicating the situation (e.g. may lead to further discrimination or harassment, or even unemployment). Provide proper and safe consultation and assistance for your workers and staff to report these incidents without worrying about consequences safely. Ensure that the worker and the incident remain confidential to ensure the safety and privacy of the victim.
These measures are proactive, meaning they are actively applied and done to prevent discrimination and harassment in the workplace, rather than just responding to the incident after it has occurred. This way, the workplace can become a safe and productive environment for all those under the project.
