Employment Law Checklist
A. Modern Awards
Do you know which Awards apply to your employees?
Do you know which classification within the Award that each employee falls under?
Are you paying hourly rates of pay in accordance with the Award?
Are you aware of the Award specifications for ordinary working hours, breaks, overtime, allowances, penalties and loadings?
Do you clearly show on employee’s payslips separately amounts received for overtime, allowances and loadings?
Does the Award limit the use of the engagement of casual employees?
Does the Award provide for a procedure to apply if wanting to close for a Christmas shutdown?
Do you want to absorb some allowances, penalties and/or overtime into over Award payments for particular employees? If so, do you know how to correctly document this by way of an Individual Flexibility Agreement?
Do you want to absorb some allowances, penalties and/or overtime into over Award payments for all employees engaged pursuant to a particular Award? If so, do you know about Enterprise Bargaining Agreements?
B. Employment Contracts
Do you engage employees pursuant to employment contracts?
Do you realise that Award based employees should also sign employment contracts to govern matters which the Award does not govern? For example, probation periods, notice of termination, classifications, location of work, reporting lines, dispute resolution, protection of confidential information.
Do you engage management employees pursuant to employment contracts? If so, do those contracts adequately deal with protection of confidential information and intellectual property, post employment restraints and notice of termination?
Do you wish to restrain the activities of your employees after they cease employment with you, restricting them from poaching your clients and/or working in competition to you?
Have your employment contracts been reviewed since the Fair Work Act 2009 commenced?
Does the Company engage casual employees? If so, is there a written contract in place? Are the casuals truly casuals or could they be deemed to be permanent employees?
Does the Company engage contractors? If so, is there a written subcontractor agreement in place? Are the subcontractors truly contractors or could they be deemed to be employees?
C. National Employment Standards
Do you know how many days of annual, personal and compassionate leave that employees accumulate?
Are you aware of employees rights to paid parental leave?
Do you know the details of employees rights to request flexible working arrangements and what the employer obligations are?
D. Problem Employees
Are you aware of the existence of the Small Business Fair Dismissal Code for Company’s who employ less than 15 employees?
Does the Company have a disciplinary policy and a grievance policy?
Is the Company aware of the factors that Fair Work Australia take into account in dealing with an unfair dismissal claim?
Is the Company aware of the new ‘general protections claims’ which protect employees from adverse action being taken against them when they are exercising a workplace right?
Do you know how to deal with an employee on long term workers compensation or sick leave?
E. Policies and Procedures
Does the Company have a policy and procedure manual to deal with day to day matters such as taking leave and policies such as harassment, discrimination, bullying, smoking, drug and alcohol and redundancy?