BSBWRK510A_BUS Presentation 2

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BSBWRK510A MANAGE EMPLOYEE RELATIONSPRESENTATION 2

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PRESENTATION OBJECTIVES

At the end of this presentation you will be able to understand:

• Records

• Leave

• Superannuation

• Taxation

• Health and safety legislation

• Equal Employment Opportunity (EEO)

• Workers compensation legislation

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RECORDSLegislation contains provisions requiring the keeping of employee records, they must be kept for a

prescribed number of years (check your own requirements), be available to authorised people (e.g.

Government officers) and employees, must be in English in a legible form and contain the following:

Employee’s name Employer’s name The Australian Business Number (ABN) of the employer

Names of each award that applies to an employee

Employee’s classification under the award Whether the employee is employed full or part time

Employees terms of employment - permanent, casual or temporary

Date on which the employee commenced working with the organisation

Remuneration rate, including gross, net amounts paid and deductions made

Whether the employer is entitled to an incentive-based payment, bonus, loading, penalty rate or other monetary allowance

Details of overtime hours Record of employees leave entitlement, leave taken and accrued

Employee superannuation records, which must contain the amount of contribution made

Period over which contributions are made and when they were made

Name of particular superannuation fund Details of termination (if applicable) Details of the transfer of business (if applicable)

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RECORDS

Organisations are required to keep additional records with regard to

Human resources:

• Identify workplace hazards and risks

• Outline assessments of hazards and risks

• Identify measures to manage, reduce or eliminate hazards and

risks

• Demonstrate that risk management and control measures are

reviewed and monitored

• Taxation records for individuals and for the organisation

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LEAVE

• Most people are entitled to:

• 4 weeks annual leave

• 1 week paid sick leave

• Long service leave after qualifying period (varies 5-10 years)

• Unpaid maternity leave

• At least 1 week’s notice of termination of employment or pay

in lieu of notice

• Payment for certain public holidays

• Basic redundancy pay

• Casuals might be entitled to some of these entitlements

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LEAVE

• Part-time workers (anyone less than full-time) usually, have same

entitlements as full-time but are paid on a pro-rata basis

• A worker is commonly entitled to gross wages (not including

overtime), plus shift allowances and weekend penalties for the

ordinary time that would have been worked if annual leave had

not been taken

• If commissions or incentive payments are paid, they are averaged

over the previous 12 months and added into the annual leave pay

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TYPES OF LEAVE

Personal Carer Leave

• Paid leave accumulates at a rate of 10 days /year

Long Service Leave

•Determined by applicable award, usually calculated on completed years of continuous service

Compassionate Leave

•Employees (not casual) min 2 days paid leave each time a member of immediate family /household:• Contracts

personal illness posing serious life threat

• Sustains personal injury posing serious life threat

• Dies

Parental Leave

• Employees eligible for unpaid parental leave as long as completed min 12 months continuous service with their employer

Community service Leave

•Absent from employment if engaged in an eligible community service:

• Jury service• Voluntary

emergency dealing with emergency or natural disaster

• Engaged in activity as volunteer

• A member or member-like association with recognised emergency management

• Asked by recognised emergency management body to engage in activity

Leave without pay•Where other

leave unavailable. Granted at employers discretion generally not over 1 year. •Reasons for leave without pay are to:

• Undertake study, or carry our research

• Settle personal affairs e.g. to execute an estate

• Extend sick leave

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SUPERANNUATION

• Superannuation Guarantee, a scheme introduced in 1992, requires

Australian employers pay superannuation contributions for all

their employees to a regulated superannuation provider

• This scheme exists to ensure that all workers will have a

superannuation income at retirement

• Employers who fail to pay superannuation contributions are

subject to a tax called the Superannuation Guarantee Charge

• There are constant changes to superannuation legislation

Ignorance is no excuse with all government legislation

• Keep track of all changes!

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TAXATION

• Commonwealth income tax legislation subjects employers to a

range of obligations including

• Deducting tax instalments from employees’ wages and paying

them to the Australian Taxation Office (ATO)

• Keeping accounts and issuing employees with payment

summaries (formerly group certificates) at the end of each

financial year

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HEALTH AND SAFETYHealth and safety legislation occurs at national and state levels. The aims of

WHS:

• To secure the workplace health, safety and welfare of employees

• Protect persons at or near workplaces from risks to health and safety arising

out of work activities

• Ensure expert health and safety advice is available to employers, employees

and contractors

• Promote work environments adapted to the health and safety needs of

employees

• Foster cooperation and consultation between employers and employers on

matters related to employee health, safety and welfare

Employees are called workers in health and safety legislation. Under this

legislation, risks to health and safety include bullying and violence in the

workplace.

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EQUAL OPPORTUNITY (EEO)ANTI-DISCRIMINATION LEGISLATION

It is unlawful to discriminate against an employee or person on the

basis of a range of characteristics that may include:

• Gender, Gender identity or Sexual preference

• Age

• Religion, Race, Colour, National origin

• Physical or Mental disability, Physical features

• Marital status, Family and carer responsibilities

• Pregnancy, Breastfeeding

• Social origin, Political belief/ activity

• Personal association, Industrial activity

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EQUAL OPPORTUNITY (EEO)ANTI-DISCRIMINATION LEGISLATION

EEO is based on merit applied fairly in the workplace.

• Identifying and eliminating discriminatory barriers that cause

inequality in employment

• The objective of EEO is to bring the disadvantaged up to the level of

the advantaged

• Business with over 100 workers in Australia must submit a copy of

its EEO plan to the federal government to address

inequalities/inequities in the workplace

• EEO must be applied to the recruitment process

Under this legislation the following must be free from discrimination:

• job advertisements and descriptions, application forms,

interviews, selection process

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WORKERS COMPENSATION LEGISLATION

• All employers in Australia must ensure their workers are covered

by workers compensation insurance

• Workers compensation is a no-fault compensation scheme that

pays benefits to employees who are injured or suffer illness in the

course of their work

• Workers compensation schemes include rehabilitation provisions

that aim to return employees to work

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PRESENTATION SUMMARY

Now that you have completed this presentation you should be able to

understand:

• Records

• Leave

• Superannuation

• Taxation

• Health and safety legislation

• Equal Employment Opportunity (EEO)

• Workers compensation legislation