6 Key Steps for Complying with the Fairwork Legislation

If you employ staff, you are required by law to keep detailed records and to comply with certain codes.  It can be confusing and an administrative nightmare to keep on top of.

The Twin Consulting Staff Management System makes the whole process easy for you to implement and manage.  Result: You’re compliant, you minimise your risk and you cut your HR Management costs.

Here’s six key steps to get you started…. (When you’ve read through these steps, click on the link to obtain your Free Compliance Assessment

1. Provide new employees with a Fairwork Information Statement

From 1 January 2010, the Fair Work Information Statement is to be provided to all new employees by their employer as soon as possible after the commencement of employment. The Statement provides basic information on matters that affect employment. Employees should retain details of how the statement was given to them.

2. Familiarise Yourself with the 10 National Employment Standards (NES) minimum workplace entitlements

1. A maximum standard working week of 38 hours for full-time employees, plus ‘reasonable’ additional hours.

2. A right to request flexible working arrangements to care for a child under school age, or a child (under 18) with a disability.

3. Parental and adoption leave of 12 months (unpaid), with a right to request an additional 12 months.

4. Four weeks paid annual leave each year (pro rata).

5. Ten days paid personal /carer’s leave each year (pro rata), two days paid compassionate leave for each permissible occasion, and two days unpaid carer’s leave for each permissible occasion.

6. Community service leave for jury service or activities dealing with certain emergencies or natural disasters. This leave is unpaid except for jury service.

7. Long service leave.

8. Public holidays and the entitlement to be paid for ordinary hours on those days.

9. Notice of termination and redundancy pay.

10. The right for new employees to receive the Fair Work Information Statement.

3. Ensure You Understand Leave Entitlements

1. Employers should maintain accurate records of employee leave entitlements

2. You must have processes in place for employees to apply for:

• Annual leave
• Personal/carer’s leave
• Compassionate leave
• Parental leave
• Community service leave
• Long service leave

4. Comply with Your Responsibility to Issue Correct and Detailed Payslips

• Employees should receive a payslip within 1 working day after they are paid and there are 7 essential pieces of information which must be included on all payslips.

• There are different requirements for employees paid by the hour and for employees paid by salary

• Casual employees should receive the correct loading for ordinary Time /overtime/ weekend work and public holidays in accordance with the relevant Award/Agreement/Act

• If work is performed on weekends, nights or public holidays, then further rates and allowances apply and these vary according to the applicable Award/Agreement/Act

5. Comply with Your Responsibility to Keep Accurate Time & Wages Records

• There are 14 pieces of information which must be recorded for each employee.

• You are required to keep time and wages records for 7 years

6. Comply with the Dismissal Laws, Codes and Bargaining

New Unfair Dismissal laws, as well as requirements for employers and employees to bargain in good faith when making enterprise agreements, are contained within the Fair Work Act 2009 and commenced on 1 July 2009. There is also a small business Fair Dismissal code.

Are You Compliant?