HUMAN RESOURCES POLICIES

A MANUAL FOR LOCAL GOVERNMENT

Local Government & Shires Associations

TABLE OF CONTENTS
CHAPTER 1: INTRODUCTION.......................................................... 1
About this Manual .............................................................................................................. 2 About Human Resources Policies...................................................................................... 4

CHAPTER 2: DEVELOPING POLICY ............................................... 6
Introduction ........................................................................................................................ 7
Step 1: Identifying where policy is needed...........................................................................................9 Step 2: Investigation, research and analysis......................................................................................10 Step 3: Developing draft policy ..........................................................................................................11 Step 4: Consultation...........................................................................................................................12 Step 5: Planning how to implement policy..........................................................................................13 Step 6: Implementation ......................................................................................................................14 Step 7: Monitoring, evaluating and reviewing.....................................................................................15

CHAPTER 3: CONDITIONS OF EMPLOYMENT AND PROCEDURES................................................................................. 16
Annual Leave ................................................................................................................... 17 Long Service Leave ......................................................................................................... 20 Sick Leave........................................................................................................................ 24 Sick Leave Without Pay ................................................................................................... 29 Leave Without Pay ........................................................................................................... 31 Carer's Leave................................................................................................................... 34 Parental (Paternity) Leave ............................................................................................... 39 Parental (Adoption) Leave ............................................................................................... 44 Parental (Maternity) Leave............................................................................................... 48 Leave for Civil Emergencies ............................................................................................ 56 ADF Reserves Service (Military Leave) ........................................................................... 58 Part-Time Employment .................................................................................................... 62 Casual Employment ......................................................................................................... 66 Job-Sharing...................................................................................................................... 69 Temporary Employment................................................................................................... 74 Fixed-term employment ................................................................................................... 77 Work experience .............................................................................................................. 81 Volunteers ........................................................................................................................ 86 Remuneration management............................................................................................. 90 Salary Sacrifice ................................................................................................................ 99 Paid work outside council............................................................................................... 105 Teleworking (work from home)....................................................................................... 108 Community Language and Signing Work....................................................................... 113 First aid Work ................................................................................................................. 118

CHAPTER 4: EMPLOYEE RELATIONS AND CONDUCT ........... 123
Dispute and grievance resolution................................................................................... 124 Disciplinary action .......................................................................................................... 129 Personal files.................................................................................................................. 135 Certificates of service and references............................................................................ 141 Equal employment opportunity....................................................................................... 143 Sexual harassment ........................................................................................................ 148 Display of material in the workplace............................................................................... 156 Camera surveillance ...................................................................................................... 159 Internet and email use.................................................................................................... 163 Child Protection.............................................................................................................. 167

CHAPTER 5: OCCUPATIONAL HEALTH AND SAFETY ............ 188
Occupational health and safety...................................................................................... 189 OHS consultation statement .......................................................................................... 200 Protective clothing and equipment ................................................................................. 203 Workers compensation .................................................................................................. 206 Rehabilitation ................................................................................................................. 211 Drug and alcohol free workplace.................................................................................... 216 Smoke-free working environment .................................................................................. 224

CHAPTER 6: STAFF TRAINING AND DEVELOPMENT............. 226
A national approach to training and development.......................................................... 227 Developing a training plan.............................................................................................. 235 Induction for new employees ......................................................................................... 242 Compulsory training ....................................................................................................... 248 Optional training ............................................................................................................. 253 Apprentices, trainees and government traineeships ...................................................... 256 Language, literacy and numeracy .................................................................................. 260

CHAPTER 7: RECRUITMENT ....................................................... 267
Recruitment issues......................................................................................................... 268 Vacancy review .............................................................................................................. 277 Selection criteria............................................................................................................. 281 Selection panels............................................................................................................. 285 Advertising vacancies .................................................................................................... 291

CHAPTER 1: INTRODUCTION

Human Resources Policies Page 1

About this Manual
Reviewed November 2004

W h y y o u s h o u ld u s e it
This manual is designed to help councils develop their own human resources policies. There are two main reasons why you will find it very useful: it contains guidelines to the important issues you need to consider when you are developing policies in human resources management and related areas; it contains sample policy statements on a whole range of common human resources issues. These sample policy statements represent sound practice. The Associations encourage you to use them as the basis of your own policies. Please note that this manual is not designed to cover human resources issues relating to general managers and senior staff. Issues relating to these staff are addressed in the Associations' Executive Staff Kit. We do suggest, however, that councils use the information in this manual as a resource for developing their own senior staff policies.

W h o s h o u ld u s e it?
This manual is for senior staff and other nominated officers who are involved in formulating policy.

How to use it
The manual brings to your attention issues for you to consider and suggests the types of policies you may want to adopt, but of course these cannot possibly cover every situation that arises. Therefore we encourage you to use the manual above all as a guide or a resource for developing your own policies and to use it in conjunction with the relevant legislation and awards. Throughout the manual you will see that for each human resources policy, we have adopted this format: Aims: a statement of the policy's purpose. Issues to consider: a brief description of issues (including legal issues) which need to be taken into account when developing the policy. Definitions (optional): an explanation of specialist terms as they apply to the policy.

Human Resources Policies Page 2

Councils are recommended to include this reservation of right in their own policies. Phone (02) 9242 4000 Fax (02) 9242 4188 Human Resources Policies Page 3 . Help If you have any questions. Every chapter has been reviewed and the review date is indicated accordingly. Similarly.example: a sample policy statement which represents sound practice and which you may use as the basis for developing your council's own policy. please contact the Associations' Workplace Solutions Division: . The term general manager is used throughout the manual to mean the general manager or the council officer with the appropriate delegated authority. Revisions to this manual This is the fourth edition of this manual. Please note that each policy should contain a clear provision reserving council's right to change or revoke the policy. Provisions in line with award and legislative changes will continue to be undertaken in due course. The Local Government Award mentioned throughout the manual refers to the Local Government (State) Award 2001. Procedures (optional): procedures that we recommend councils follow when carrying out a policy. problems or comments.Policy statement . the NSW Industrial Relations Act 1996 is often referred to in shortened form as the Industrial Relations Act. This provision has been added to each policy in this manual. Terms and conventions The term council is used in this manual means a council in NSW as defined in the Local Government Act 1993.

the need for decisions outside policy still exists. regardless of changes at the top levels. councils often fall back upon precedent or past practice. The need for predictability and consistency is present in all aspects of an enterprise. Human resources policies respond to this need for both employees and employers. Human Resources Policies Page 4 . and many councils may not be large enough to employ personnel or human resources professionals or they may not be able to afford to.About Human Resources Policies Reviewed November 2004 What they are and why we need them Policies are statements of intent by which an organisation expresses its expectations. Human resources policies must ensure that equity. define pathways and facilitate adherence. sets parameters for the use of its resources and manages its operations to attain goals and objectives. Many people who use this manual will have little expertise and only limited knowledge of the principles and practices of human resources management. fair treatment and consistency prevail for a very large and varied workforce. How they can help line managers Sound human resources management policies and procedures help line managers handle day-to-day human resources matters. Policies cannot cover every circumstance. For these reasons the human resources function is often attached to another position within council and usually is not that staff member's area of expertise. Policies often require procedures to support their implementation. Policies also become basic to routine or on-going management of organisations because they provide the foundations and rationale for routine decision making. which at least offer some reliability. these may be seen as rules which prescribe expectations. When policies are absent or inadequate.

Human Resources Policies Page 5 . Remember too that the Associations are always able to give assistance and advice on policy development and policy content. This will save you a great deal of time. You are also encouraged to find out what other councils are doing.Help with human resources policies You should use the policies in this manual and modify them to suit your specific needs.

CHAPTER 2: DEVELOPING POLICY Human Resources Policies Page 6 .

4. developing draft policy. This is especially the case when the subject matter is new or has not been covered by policy previously. On the next page is a flow chart which illustrates a typical sequence for the development of policy . planning how to implement policy. 5. clear and unambiguous policy development and approval processes must be established. consultation. identifying where policy is needed. achievable timetables for all stages of the policy development process. 6. This chapter takes you through the main steps in policy development. To achieve this. research and analysis. 2. Human Resources Policies Page 7 . 3. monitoring. investigation.Introduction Reviewed November 2004 Day-to-day decision making depends on policy which is of high quality and which is reasonably easy to implement. approval and implementation: 1.this should help you visualise the process. evaluating and reviewing. We therefore strongly advise councils to set realistic. 7. implementation. An important point about time One of the most fundamental aspects of formulating and implementing policy is that all parties have to accept that it takes time. These should include definitions of the roles of policy developers and of the various parties involved in consultation.

POLICY REQUEST or SIGNIFICANT EVENT or EVALUATION OF EXISTING POLICY Policy need? Yes Policy research Draft policy No Advise originators Develop to accommodate agreed changes Changes Draft to interest groups Comments Review by interest groups Changes No changes Draft to GM No changes Revise to take account of GM changes Prepare submission Council approval process GM approval process Undertake council amendments Amend For council consideration GM approval If further council consideration not required Approved Evaluation and review For implementation Human Resources Policies Page 8 .

to remedy shortcomings.a serious injury in the workplace.Step 1: Identifying where policy is needed Reviewed November 2004 The need for policy may be identified well in advance . One way is to set up a small reference group of people drawn from a range of council activities. Regardless of its origin. identify implementation issues and strategies. identify and explore the impacts the policy will have. This may be handled in several ways. weaknesses or omissions in existing policy . it is necessary to consider and confirm the need for policy and to identify clearly the objective of the proposed new or replacement policy. to support proposed legislative changes. The group's role is to: identify and confirm where policy is needed. Human Resources Policies Page 9 . or an in-house security scare. the convener of this group will be the council staff member responsible for human resource management.for example. to facilitate the introduction of a performance assessment system. recommend that the proposed policy be adopted.or it may be triggered by a significant event which puts council in a difficult position . Ideally. propose or endorse the policy direction.

research and analysis Reviewed November 2004 When the need for policy has been established. relevant policies outside Local Government. and information and ideas from government agencies and professional sources. This could save you from "re-inventing the wheel". we suggest you refer to any relevant guidelines and sample policy statements in this manual. In the first place. If none of these sources proves adequate.Step 2: Investigation. it is advisable to investigate precedents and current practices in order to assess their usefulness. You may also have to examine in detail other councils' existing or proposed policies. Human Resources Policies Page 10 . It is important that whoever does the research has access to professional assistance. relevance and applicability. it will be necessary to undertake fresh research to develop the draft policy. This research may be handled by a small working group or it may be assigned to a responsible and experienced person internal or external to the organisation.

evaluating and reviewing the policy? Can the monitoring and evaluation processes be written into the policy? Human Resources Policies Page 11 . where can this information be obtained? Does it satisfy a demonstrated and accepted need? How has the need for policy in the area become apparent? Has management or the consultative committee recognised or endorsed the need for policy? Is the background adequately understood by all parties? Are there any historical aspects which might assist explanation? Are there any useful precedents? Are the minimum legal or regulatory requirements clear? Is there likely to be any clash or inconsistency with current policies or practices which may necessitate changes to them? Are there supplementary or related policies to be considered? What is the scope of the proposed policy? Who and what events will the proposed policy cover? Will there be any known or predictable exceptions? What are the major resource implications of adopting the policy? Does this require extensive resource estimates. assessments etc? Is assistance required with these tasks? What mechanisms and time-frames should be recommended for monitoring.Step 3: Developing draft policy Reviewed November 2004 Use the following questions as a guide to developing a draft policy: Is the purpose or objective of the proposed policy clear? Are council's specific requirements known? If not. costing.

or will special arrangements be required? Also. Note that consultation does not imply agreement. what extent of consultation is necessary to facilitate approval? Is the need for policy development or policy change so urgent that it outweighs the desirability for consultation? What is the standard or formal policy approval process? Is there a particular endorsement or committee process which must be followed? What is the role of the general manager in human resource policy approval? What is council's role in "vetting" policy proposals and approving policy? Human Resources Policies Page 12 .Step 4: Consultation Reviewed November 2004 A comprehensive and relevant consultative process or mechanism is an accepted feature of policy development in Local Government. The following questions may be relevant to the consultative process: Who are the interested parties and how are their interests appropriately catered for? Is there a traditional consultative mechanism or process.

Step 5: Planning how to implement policy Reviewed November 2004 Planning for implementation is an integral part of the policy development process. training. Implementation is usually facilitated by the use of an implementation plan which establishes sequences. The planning process may need to address the following issues: What are the significant consequences or impacts of adopting the policy in the workplace? Does the extent and relevance of delegations need reconsideration? Are there any easily-identified implementation issues? Is the subject matter currently covered by policy. sets deadlines and estimates costs. assigns responsibilities. education etc? What is a realistic estimation of costs for the total implementation process? Human Resources Policies Page 13 . or has it drawn largely upon precedent? Does there need to be a specific education program? Is it advisable to have an implementation timetable and/or action plan? Is phased implementation desirable or optional? Is a changeover period required? Who is responsible for implementation or aspects of implementation? What is a realistic time-frame for implementation or commissioning. taking into account circulation.

use of "plain English". accuracy in estimating the necessary resources . simplicity of written expression .Step 6: Implementation Reviewed November 2004 Ease of implementation is vital to the acceptance and success of a new or revised policy.financial. adequacy of documentation . simplicity and relevance of procedures. notices and so on.procedures. publicity and communication strategies associated with the introduction of policy letters. provision to vary or amend the procedures as necessary or desirable. human and so on. standard forms. Human Resources Policies Page 14 . adequacy of training and education programs. accuracy in forecasting impact(s) of implementation. and the methods used. Efficient implementation is dependent upon a number of factors including: quality. reports etc.

or poor monitoring and evaluation. the monitoring and evaluation processes should be built into the policy documentation so that they have to be carried out as a matter of policy compliance.this possibly signifies poor original assessment of need.perhaps a consequence of poor publicity or inadequate training and education. or substantial change in the external environment. or lack of thoroughness in the development process. unsatisfactory levels of "user" complaints .this signifies poor original assessment of need. the need for minor changes . disuse of the policy . They may arise due to changing circumstances or for the following reasons: minor but irritating issues which require disproportionate effort or time to overcome.Step 7: Monitoring. evaluating and reviewing Reviewed November 2004 Regular and systematic reviews of existing policies are strongly recommended. inappropriate procedures . Ideally. An acceptable and reliable system of policy monitoring and evaluation facilitates the review process. or lack of adequate monitoring and evaluation. Human Resources Policies Page 15 . significant abuse or misuse of the policy . or inadequate monitoring.this illustrates failure in the development of policy or procedures.this illustrates failure to recognise or address key implementation issues. major "break-down" .this arises directly or indirectly from other "governing" influences such as legislation. awards and agreements. Problems may be encountered with both well-established and new policies.

CHAPTER 3: CONDITIONS OF EMPLOYMENT AND PROCEDURES Human Resources Policies Page 16 .

Aged Care. adopt the provisions and entitlements that are more advantageous to the employee. Where there is conflict between the Act and an award. It is recommended that councils establish one. Under the awards. Minimum period of notice for taking annual leave Neither the Act nor the awards specify a minimum period of notice that employees must give before taking annual leave. Accruing annual leave Any paid leave (including maternity leave on half pay which accrues annual leave at the pro-rata amount) counts as service for accruing annual leave. leave without pay does not count as service for accruing annual leave. Disciplinary Procedures of the Local Government Award. Legislation The Annual Holidays Act contains additional provisions and entitlements.Annual Leave Reviewed November 2004 Aim This section contains guidelines for how employees may accrue and take annual leave. Is s u e s to c o n s id e r Awards Annual leave for Local Government employees is covered by the following awards: Local Government Award Local Government (Electricians) State Award Employees may also be covered by specific awards e. Human Resources Policies Page 17 .g. Suspension from work Employees continue to accrue annual leave whilst suspended with or without pay in accordance with Clause 31.

Human Resources Policies Page 18 . The employee must produce proof of illness.Payment in lieu Payment in lieu of untaken annual leave is prohibited by the Annual Holidays Act and must not be paid except upon termination of employment. This provision is not in the Local Government Award. Sickness while on annual leave The Local Government Electricians (State) Award provides that when an employee becomes sick or injured while on annual leave this is treated as sick leave provided that the period of illness is at least seven consecutive days.

Minimum period for taking annual leave The minimum period of annual leave an employee may take at any one time is 1 day.) Employees should submit their application on the prescribed form. Application for and approval of annual leave Employees should give 4 weeks' notice when they apply for annual leave.example Applicability This policy applies to all employees except casuals. Human Resources Policies Page 19 . (This notice period may be altered by the appropriate departmental head. vary or revoke this policy. Amount of leave The awards set out the amount of annual leave an employee is entitled to. there is an annual close-down. Absence without approval will not be treated as annual leave retrospectively. Council must give the employee a minimum of 4 weeks notice. regardless of the amount of annual leave the employee is entitled to. Directing employees to take annual leave Council may direct an employee to take a specified amount of annual leave at a prescribed time when: work arrangements dictate.Policy statement . Variation Council reserves the right to review. the employee has accrued more than two years annual leave entitlement.

For employees appointed after 1 July 1995 under the Local Government (Electricians) State Award the period of long service leave includes public holidays which fall within the leave period. Is s u e s to c o n s id e r Awards Long service leave for Local Government employees is covered by the following awards: Local Government Award Local Government (Electricians) State Award. and Other specific awards e. Aged Care Under the Local Government Award employees are entitled to 6. Minimum period of long service leave Long service leave may be taken intermittently providing this does not inconvenience the workplace. adopt the provisions and entitlements that are more advantageous to the employee. Where there is conflict between the Act and an award.Long Service Leave Reviewed November 2004 Aim This section provides guidelines for how employees may accrue and take long service leave. The minimum period of long service leave an employee may take at any one time is: Human Resources Policies Page 20 . Under the Local Government Award and for employees appointed before 1 July 1995 under the Local Government (Electricians) State Award the period of long service leave excludes public holidays which fall within the leave period. Legislation The Long Service Leave Act contains additional provisions and entitlements.5 weeks long service leave after 5 years of service.g.

Council's ability to do so would depend on whether council has actively and consistently applied the provision over time and whether the employee was unreasonable in refusing to take the leave. requesting staff to clear the appropriate leave with reasonable notice.1 week. If an employee does not comply with the award provision and council's policy. for employees governed by provisions of the Local Government (Electricians) State Award . The parties have agreed that leave accumulated prior to 23 June 1988 would not be affected by the provision. Sickness while on long service leave The Local Government (Electricians) State Award provides that when an employee becomes sick or injured while on long service leave this is treated as sick leave provided that the period of illness is either one quarter of the period of long service leave taken or 2 weeks. council has the option of applying the award disciplinary provisions as appropriate. Taking of long service leave Note that the awards stipulate that long service leave accrued since 23 June 1988 must be taken at a mutually convenient time within 5 years of its falling due.for employees governed by provisions of the Local Government Award . This would require council advising employees that it has adopted the award provision. Long service leave falls due at the completion of five years service and every 5 years thereafter. It is recommended that councils establish one. an employee with 15 years service as at 23 June 1992 would not be obliged to clear the first 10 years leave. Minimum period of notice for taking long service leave Neither the Act nor the awards specify a minimum period of notice that employees must give before taking long service leave. A council's options to force an employee to clear such leave will also be influenced by the award proviso that the taking of leave shall be at a mutually convenient time. This provision should be applied to all employees or to none at all. However. The award parties also have an understanding that some councils may elect not to require employees to clear future accumulations of long service leave where they perceive no savings flowing from the provision. then it must be consistent in its application for all staff. whichever is shorter. Hence. The employee must provide proof of illness. The Local Government Award does not contain such a provision.4 weeks. if a council decided to adopt the provision. Human Resources Policies Page 21 . monitoring the accrued long service leave.

long service leave accrued whilst the employee was employed as a casual is to be deducted. It is highlighted that when calculating the long service leave entitlement in such cases.recognition of service In accordance with Clause 22. Human Resources Policies Page 22 .Former casual employees . Casual Employment of the Local Government Award casual employees engaged on a regular and systematic basis shall have their service as a casual counted as service for the purpose of calculating long service leave where the service as a casual employee is continuous with their appointment to a permanent position on council's structure.

Taking long service leave Long service leave accrued since 23 June 1988 must be taken within 5 years of its falling due. Application and approval All applications for long service leave must be approved before leave commences. Applicants should give sufficient notice. approval may be withheld. Minimum period of long service leave The minimum period of long service leave an employee may take at any one time is one week. not fractions of a day.Policy statement . If they do not.8 weeks More than 8 weeks notice period 4 weeks 8 weeks Variation Council reserves the right to review. vary or revoke this policy. Human Resources Policies Page 23 .example Applicability This policy applies to all employees except casuals. Period of long service leave requested 1 . Amount of leave The awards set out the amount of long service leave an employee is entitled to. Long service leave in excess of one week must involve whole days. as set out below.

It is recommended that councils set their own reasonable standards of proof of illness or injury. In instances where there is extended leave or regular occurrences council may consider the production of a medical certificate. Proof of illness may include certification from a qualified medical/health practitioner. as this table demonstrates: Award Quantum per annum Reference Threshold service Local Govt 3 weeks full pay Cl 19 A nil (State) Electricians 15 days full pay for first 5 years Cl 19 3 months in council then 18 days full pay thereafter (Note progressive for employees engaged prior to crediting provisions) 1/7/95. Standards of proof of illness or injury Employees who are unable due to sickness to attend for duty shall be entitled during each year of service to sick leave of 3 weeks at the ordinary rate of pay. For employees engaged after 1/7/95. registered with the appropriate government authority. 5 days after 3 months service for the first year of service then 15 days full pay. Is s u e s to c o n s id e r Awards Provisions for sick leave vary across the different awards. The award specifies the standard of proof of illness to be either a medical certificate or a statutory declaration. Human Resources Policies Page 24 . Consideration should be given to a decision of the Industrial Relations Commission which encouraged councils to adopt a common sense approach and limit their demands for a medical certificate to instances where it seems there has been an abuse of sick leave.Sick Leave Reviewed November 2004 Aim This section contains guidelines for how employees may accrue and take sick leave.

insurer. indicate the date on which the doctor considers the patient is likely to be able to return to work. to have been suffered in the recent past. employer. Human Resources Policies Page 25 . clearly indicate whether it is based upon observations of symptoms during the examination or upon information provided by the patient which the doctor deems to be true.The following health/medical boards are registered with the appropriate government authority: Board of Optometrical Registration Chiropractors and Osteopaths Board Dent5al Technicians Registration Board Medical Registration Board Nurses Registration Board Optical Dispensers Registration Board Physiotherapists Registration Board Podiatrists Registration Board Psychologists Registration Board Dentists Registration Board The certificate should: (a) (b) (c) (d) indicate the date on which the examination took place. indicate the degree or nature of the patient’s incapacity to undertake normal duties. magistrate.g. and where relevant be addressed to the party requiring the certificate as evidence of illness. carer or other special needs. the certificate must: (a) (b) (c) state the date of the examination. in the doctor's judgement. Under no circumstances should the examination date: (a) (b) (c) be backdated or dated forward to correspond with an existing or proposed absence from work. cater for days off work for holiday. e. A certificate may be issued by a doctor subsequent to a patient taking sick leave. be other than the date on which the patient attended the doctor and at which consultation a genuine medical condition was observed or was considered. However. and cover the period during which the doctor believes the illness would have incapacitated the patient.

The general nature of those duties which should not be undertaken should be noted on the certificate. The formula for determining the entitlement is contained in clause 14 of schedule 4. Council should require proof of illness to justify payment for absences after 2 days or after 3 separate periods in each service year. The Award parties have agreed that the minimum period for which proof is required is ½ day (4 hours). Arrangements regarding altered duties are matters for negotiation between the patient and the employer. Enterprise agreements may provide for the paying out of untaken sick leave. Payment in lieu of untaken sick leave Section 27 of the Industrial Relations Act prohibits payment in lieu of untaken sick leave in awards or former industrial agreements and preserves a benefit for those employees who had an entitlement accrued before 15 February 1993. However council agreements established under clause 36 of the Local Government Award cannot provide for the paying out of untaken sick leave. doctors should consider whether or not an injured or partially incapacitated patient could return to work with altered duties. Human Resources Policies Page 26 . of the Industrial Relations Act.When issuing a sickness certificate.

at the request of the general manager (or another appropriate officer). Employee obligations Employees have the following responsibilities in regard to sick leave: to notify their immediate supervisor as soon as possible when they are absent due to illness or injury and to indicate how long they expect to be absent.example Applicability This policy applies to all employees except casuals. evidence of incapacity to undertake normal duties and period(s) of incapacity. registered with the appropriate government authority which gives date(s) of consultation. Amount of leave The awards set out the amount of sick leave an employee is entitled to and how it accrues. or a duly-completed statutory declaration which gives details of date(s) of illness or injury. reasons for inability to report for duty and reasons for not attending a registered practitioner. or a supporting statement by the immediate supervisor or area manager if the employee is unable to provide the evidence or if there exists obvious physical evidence of illness or injury. to be examined at council's expense by a medical practitioner.Policy statement . or a certificate from a qualified health practitioner. as evidence of illness or injury. Human Resources Policies Page 27 . date(s) of incapacity for work. the following: a certificate from a registered medical practitioner which gives date(s) of consultation. Standards of evidence of illness or injury Council requires. evidence of incapacity to undertake normal duties and period(s) of incapacity. to make formal application for sick leave as soon as possible and to provide the necessary evidence of illness or injury.

Approval of applications If the general manager (or another appropriate officer) is not satisfied with the evidence of illness or injury. Human Resources Policies Page 28 . Variation Council reserves the right to review. leave will be regarded as unauthorised leave without pay.Circumstances which require evidence of illness or injury Council requires evidence of illness or injury to accompany an application for sick leave when an employee has been absent for more than two working days. vary or revoke this policy. or when an employee has been absent more than three times in one service year. The minimum period is ½ day (4 hours).

such as the merits of the application. Is s u e s to c o n s id e r Awards In the Local Government Award leave without pay on account of illness is not counted as service for leave entitlements. in order to avoid equal opportunity issues and undesirable precedents. it is obliged to monitor an employee's recovery. Fixed-term or temporary contracts Periods of sick leave without pay do not extend the term of fixed-term or temporary employment contracts. However.Sick Leave Without Pay Reviewed November 2004 Aim This section contains guidelines for granting sick leave without pay. the nature of the illness. the employee's record and the estimated length of absence. Human Resources Policies Page 29 . Adopting a consistent approach Council should adopt a consistent approach in granting sick leave without pay. council should take into account an employee's particular circumstances. Considering the individual's circumstances When considering applications for sick leave without pay. Monitoring and follow-up Once council has approved a period of sick leave without pay. in the Local Government (Electricians) State Award sick leave without pay is counted as service.

Variation Council reserves the right to review. Maximum period of sick leave without pay Except in very special circumstances (as determined by the general manager or another appropriate officer) the maximum period granted at any one time will not exceed 13 weeks. vary or revoke this policy.example Applicability This policy applies to all employees except casuals.Policy statement . Reasons for granting sick leave without pay Applications for sick leave without pay are considered on their merits and may be granted under the following conditions: the employee's paid sick leave entitlements are exhausted. Approving sick leave without pay Sick leave without pay must be approved by the general manager (or another appropriate officer). recognised proof of illness or incapacity is supplied (see the policy statement under Sick leave) The employee's employment history with the council will also be considered. Human Resources Policies Page 30 .

Using other forms of leave The conditions under which leave without pay is granted are for individual councils to determine. the employee's record and length of absence. such as the merits of the application. Superannuation Council should clarify the consequences of leave without pay on employer superannuation contributions with the appropriate superannuation authority. in order to avoid equal opportunity issues and undesirable precedents. It may be appropriate to expect applicants for long-term leave without pay to use other forms of leave available to them . council should take into account the particular circumstances of the employee. Adopting a consistent approach Council should adopt a consistent approach in granting leave without pay. Taking the individual's circumstances into account When considering applications for leave without pay. However.Leave Without Pay Reviewed November 2004 Aim This section contains guidelines for leave without pay. Human Resources Policies Page 31 . please note that leave without pay does not break the continuity of service. Is s u e s to c o n s id e r Awards The awards provide for leave without pay by mutual agreement. Such periods of leave without pay are not counted as service.such as annual leave and long service leave before commencing leave without pay.

continuation of superannuation (in some circumstances) and sundry costs such as additional uniforms and training. recruitment/replacement costs. This is because council may have to engage additional staff to cover such absences if they were approved. Human Resources Policies Page 32 . Fixed-term contracts Employees on fixed-term contracts should be granted leave without pay only where annual leave is insufficient to cover the absence. council should not approve temporary employees' applications for leave without pay.Costs to council of leave without pay Leave without pay carries a cost to council in: maintenance of personnel. Temporary employment As temporary periods of employment are normally less than 12 months. and productivity decline while a replacement learns the job. In these circumstances it is recommended that councils limit the amount of leave without pay that can be taken. Periods of leave without pay do not extend the term of fixed-term employment contracts. leave and salary records.

Principles in granting leave without pay Leave without pay may be granted at the discretion of the general manager (or another appropriate officer) when annual leave and long service leave have been exhausted.example Applicability This policy applies to all employees except casuals. vary or revoke this policy. An exception to this is that employees on fixed-term contracts may be granted leave without pay of up to 5 days per year. Maximum period of leave without pay The maximum leave without pay that may be granted in any 10 year period is 12 months. Qualifying service for leave without pay Employees must have a minimum period of 2 years service with council to qualify for leave without pay. Human Resources Policies Page 33 . This shall not apply to periods of annual close down.Policy statement . Variation Council reserves the right to review.

cases show that consideration will include the nature and extent of the discriminatory effect weighed against all the relevant circumstances including the employer's ability to accommodate the employee's needs and associated costs. Employees may need to vary their hours and/or conditions of work rather than take leave to attend to their carer responsibilities. Similar provisions are contained in the Local Government (Electricians) State Award. For the purposes of the Act "responsibilities as a carer" is defined as a person's responsibility to care for or support a dependent child (whether or not under the age of 18 years) or another immediate family member who is in need of support. may be entitled to seek time off on the grounds of carer's responsibility and preserve their award entitlement to carer's leave. an employee required to provide support for an immediate family member who is not ill. however. The Act requires employers to reasonably accommodate the needs of employees who are responsible for the care of a family member unless it can be shown that to do so would cause unjustifiable hardship. carer's Is s u e s to c o n s id e r Awards Carer's leave for Local Government employees is covered by the Local Government Award.Carer's Leave Reviewed November 2004 Aim This section contains guidelines about how employees may have access to leave. There is no definition of reasonableness in the Act. Human Resources Policies Page 34 . Where a council can reasonably accommodate such a request. The Act makes it unlawful for an employer to discriminate directly or indirectly against a person with carer's responsibilities in the workplace. Legislation The Anti Discrimination (Carer's Responsibility) Act 2000 (NSW) introduced a new ground of unlawful discrimination in employment being carer’s responsibilities. The new provisions do not apply to workplaces with five or less employees.

5. to apply for other forms of leave. for the purposes of providing care and support under this clause. annual leave. Human Resources Policies Page 35 . Carers leave is not intended to be used for long term. The person to be cared for must be within the class of persons set out in subclause 19B(iv) of the local Government Award and subclause 20(c) of the Local Government (Electricians) State Award. The employee must have an accrued sick leave entitlement sufficient to cover the period of carer's leave applied for. 2. Such conditions are as follows: 1. In such cases. Employees are able. the employee is obligated to investigate appropriate care arrangements where these are reasonably available. with the consent of council. 3. as defined.Entitlements Under the Award. 4. is entitled to use any current or accrued sick leave entitlement for the purpose of carer's leave. The other forms of leave are: ◊ ◊ ◊ ◊ time in lieu of overtime. The person. The Award sets out a number of conditions which must be met prior to the entitlement of carer's leave becoming available. 6. leave without pay. other than a casual. ongoing care. The employee must be responsible for the care and support of the person concerned. an employee. The employee must produce satisfactory evidence of the illness of the person to be cared for. Council could also consider granting rostered days-off for care and support. must be ill such that they require care and support. make up time.

Human Resources Policies Page 36 . In instances where there is extended leave or regular occurrences Council may consider seeking the production of a medical certificate. This may be required on each application for carer's leave.Proof of illness The award specifies the standard of proof of illness to be either a medical certificate or a statutory declaration. Council should adopt a common sense approach and limit its demands for a medical certificate.

example Applicability This policy applies to all employees except casuals. and leave without pay. Entitlement An employee may access accrued sick leave to provide care and support to an eligible class of person as defined in the Local Government Award. long service leave. In exercising such discretion. such notice should be given prior to the absence. annual leave. In such cases.Policy statement . Employee obligations Employees have the following responsibilities in regard to carer's leave: to notify their immediate supervisor as soon as possible when they are absent due to sickness of a person who requires care and to indicate how long they expect to be absent. council will give consideration to work loads. the employee is obligated to investigate appropriate care arrangements where these are reasonably available. make up time. equity and relevant organisational considerations. Circumstances which require evidence of illness or injury Council needs evidence of illness or injury to accompany an application for carer's leave on all occasions the employee makes such application. to make formal application for carer's leave as soon as possible and to provide the necessary evidence of illness or injury and of responsibility for care of the person concerned. ongoing care. Discretion to approve other forms of leave Council has the discretion to grant access to other forms of leave for the care and support of an ill person as defined by the award. Wherever practicable. Human Resources Policies Page 37 . Carers leave is not intended to be used for long term. time off in lieu of payment for overtime. Other forms of leave granted may include rostered days off.

Variation Council reserves the right to review. leave will not be approved. Circumstances which require evidence of illness Council requires evidence of illness to accompany all applications for carer's leave. evidence of the illness and need for care and support of the person concerned and period(s) of illness. Standards of evidence of illness Council requires. Approval of applications If the general manager or another appropriate officer is not satisfied with the evidence of illness. vary or revoke this policy. leave will be regarded as unauthorised leave without pay. the following: a certificate from a registered medical practitioner which gives date(s) of consultation. or a duly completed statutory declaration which states that the employee is responsible for the care of the person concerned. evidence of the illness and the need for care of the person concerned and period(s) of illness. as evidence of illness.Approval of applications If the general manager (or another appropriate officer) is not satisfied with the evidence of illness or injury. details of the illness of the person concerned. or a certificate from a qualified health practitioner. which gives date(s) of consultation. and gives details of date(s) of illness of the person concerned. period(s) of illness and reasons for not attending a registered practitioner. registered with the appropriate government authority. Human Resources Policies Page 38 .

which includes maternity leave.Parental (Paternity) Leave Reviewed November 2004 Aim This section contains guidelines for paternity leave. The length of paternity leave is reduced by the amount of maternity leave taken. cannot exceed 52 weeks. The maximum period of leave available in total to both parents is 52 weeks. Human Resources Policies Page 39 . they cannot take maternity leave and paternity leave at the same time except for a one week period immediately after confinement. Maximum period of paternity leave Short and extended paternity leave. paternity leave and adoption leave. Eligibility for extended paternity leave ceases upon the first anniversary of the child's birth. Definitions Paternity leave Paternity leave is unpaid leave which a male employee may take before. Is s u e s to c o n s id e r Legislation The Industrial Relations Act (the Act) contains the legislation on parental leave. Extended paternity leave Extended paternity leave is additional unbroken leave to be the primary care-giver of the child. Whether or not both partners have the same employer. Supporting Parent Leave An employee who is a supporting parent shall be entitled to up to 5 days paid leave taken from their accrued sick leave balance at the time their partner gives birth to a child or at the time the employee adopts a child provided that the employee has had 12 months continuous service with council immediately prior to the commencement of their supporting parent leave. one form of parental leave. during or after the birth of his spouse's child. The legislation applies to people who are parents by birth or by adoption.. in combination.

the employee has a right to a position of comparable status and rate of pay. maternity leave and paternity leave will not be taken simultaneously. Variations to the leave period Early return from paternity leave: Fourteen days' notice by the employee is required and is subject to the approval of the general manager. Further extensions are subject to the approval of the general manager. to extend parental leave and must give the council 14 days notice to do so. Monitoring Council may need the employee to sign the following statutory declarations: that. part-time or casual basis. once only. Service Paternity leave does not count as service but does not break the continuity of service. Extending paternity leave: The employee has the choice.Right of return to former position The Act grants the employee the right of return to their former position when paternity leave ends. apart from one week's paternity leave after confinement. The period of leave cannot be extended by such a return to work beyond the maximum period of leave authorised by the Act. The Act also places an obligation on council to advise replacement staff of the temporary nature of the employment and of the rights of the employee on paternity leave to return to work. Council's obligation to inform employees of entitlements The Act requires council to inform employees of their paternity leave entitlements as soon as council is aware that an employee's spouse is pregnant. that the total period of parental leave taken by the parents will not exceed 52 weeks. Human Resources Policies Page 40 . If the former position no longer exists. Return to work during periods of paternity leave The Act allows an employee on paternity leave. to break the period of leave by returning to work with council on a full-time. with the agreement of council.

In combination. except for one week's paternity leave immediately following confinement. Maternity leave and paternity leave cannot be taken by the partners simultaneously.Policy statement . (This does not preclude simultaneous absence from work when the partner not on parental leave is on some other form of approved leave. subject to the approval of the general manager (or another appropriate officer). Extended paternity leave is available to the father of the child in order to be the primary care-giver. Evidence to support applications for paternity leave Applicants for paternity leave must provide written evidence of the anticipated date of confinement. Availability and limits Supporting parent leave is available to the supporting parent of the child for up to 5 days paid leave taken from their accrued sick leave balance at the time their partner gives birth to a child or at the time the employee adopts a child. Council requires applicants to sign statutory declarations that both parents will not take parental leave at the same time. maternity leave and paternity leave shall not exceed 52 weeks. except for the week immediately following confinement.) Human Resources Policies Page 41 .example Applicability This policy applies to all male employees of council except casuals. Availability of other leave Annual leave and long service leave may be taken in conjunction with paternity leave. provided that the total period of leave does not exceed 52 weeks. Eligibility for paternity leave To be eligible for paternity leave and supporting parent leave an employee must have completed 12 months continuous service with council immediately prior to commencement of leave. Paternity leave may not extend beyond the first anniversary of the child's birth.

the employee must: give council written advice stating the proposed start and finish dates for the period(s) of leave at least 10 weeks beforehand. provide council with certification. In unforeseen circumstances . Human Resources Policies Page 42 . still birth or infant death council should adopt the provisions of the Industrial Relations Act and should also take into account the particular circumstances of each case. Advice to replacement employees of early termination The general manager (or another appropriate officer) shall formally advise employees engaged or transferred to replace an employee on paternity leave. including name of spouse and the expected date of confinement at least 10 weeks before the child is due. Employees should apply in writing and give 14 days notice. Shortening the period of paternity leave is subject to the general manager's approval. Right of return When paternity leave ends. once only. Variations to the leave period The employee is entitled. Further extensions to the leave period are subject to the general manager's approval.such as miscarriage. that their employment may be terminated or their transfer discontinued earlier than anticipated.Notice of intention to take paternity leave For paternity leave. if early return from paternity leave is approved. If it is no longer available. the employee will move to a position of comparable status and rate of pay. When an employee applies for extended paternity leave he must provide a statutory declaration which: states that he will be the primary care-giver to the child during the leave period. to extend the period paternity leave by giving 14 days written notice to the general manager. the employee will return to their former position. gives details of any period of maternity leave sought or taken by the child's mother.

Return to work during paternity leave An employee on paternity leave may. with approval of the general manager (or another appropriate officer) break the period of leave to return to work on a full-time. Variation Council reserves the right to review. part-time or casual basis. The period of paternity leave granted cannot be extended by such return to work beyond the maximum period of leave authorised by the Industrial Relations Act. vary or revoke this policy. Human Resources Policies Page 43 .

Is s u e s to c o n s id e r Legislation The Industrial Relations Act (the Act) contains the legislation on parental leave. Definitions Adoption leave Adoption leave is unpaid leave available to an employee who is adopting a child under five years of age. Human Resources Policies Page 44 .Parental (Adoption) Leave Reviewed November 2004 Aim This section contains guidelines for adoption leave. Maximum period of adoption leave Short and extended adoption leave. The length of extended adoption leave is reduced by the amount of adoption leave taken by the employee's spouse. in combination. The legislation applies to people who are parents by birth or by adoption. one form of parental leave. paternity leave and adoption leave. The maximum period of leave available in total to both parents is 52 weeks. which includes maternity leave.. cannot exceed 52 weeks. Extended adoption leave Extended adoption leave is additional unbroken leave to be the primary care-giver of the child and which may finish no later than the first anniversary of the child's placement. Short adoption leave Short adoption leave is an unbroken leave period of three weeks taken at the time of placement of the child.

Human Resources Policies Page 45 . Extending adoption leave: The employee has the choice. Monitoring For extended adoption leave. the employee has a right to a position of comparable status and rate of pay. to extend adoption leave and must give the council 14 days notice to do so.Right of return to former position The Act grants the employee the right of return to their former position when adoption leave ends. part-time or casual basis. The Act also places an obligation on council to advise replacement staff of the temporary nature of the employment and of the rights of the employee on adoption leave to return to work. Further extensions are subject to the approval of the general manager. Service Adoption leave does not count as service but does not break the continuity of service. council may require the employee to: sign a statutory declaration that the employee will be the primary care-giver to the child during the leave period. once only. Council's obligation to inform employees of entitlements The Act requires council to inform employees of their adoption leave entitlements as soon as council is aware that an employee is adopting a child. Return to work during periods of adoption leave The Act allows an employee on adoption leave. with the agreement of council. to break the period of leave by returning to work with council on a full-time. Variations to the leave period Early return from adoption leave: Fourteen days' notice by the employee is required and is subject to the approval of the general manager. and give details of any period of adoption leave sought or taken by the employee's spouse. The period of leave cannot be extended by such a return to work beyond the maximum period of leave authorised by the Act. If the former position no longer exists.

Policy statement - example
Applicability
This policy applies to all employees of council except casuals.

Eligibility for adoption leave
To be eligible for adoption leave an employee must have completed 12 months continuous service with council immediately prior to commencement of leave.

Availability and limits
Adoption leave is available to whichever partner takes the role of "primary care giver" of a newly-adopted child under 5 years of age. Each parent may take no more than two periods of adoption leave, and in combination it cannot exceed 52 weeks. Adoption leave may not extend beyond the first anniversary of the child's placement.

Availability of other leave
Annual leave and long service leave may be taken in conjunction with adoption leave, subject to the approval of the general manager (or another appropriate officer), provided that the total period of leave does not exceed 52 weeks.

Notice of intention to take adoption leave
For extended adoption leave, the employee must: give council at least 10 weeks notice in writing confirming the start date and the proposed amount of leave: provide a statutory declaration that the employee will be the primary care-giver to the child during the leave period; give details of any period of adoption leave sought or taken by the employee's spouse.

Human Resources Policies Page 46

Variations to the leave period
The employee is entitled, once only, to extend the period adoption leave by giving 14 days written notice to the general manager. Further extensions to the leave period are subject to the general manager's approval. Shortening the period of adoption leave is subject to the general manager's approval. Employees should apply in writing and give 14 days notice. In unforeseen circumstances - such as failure of placement to proceed - council should adopt the provisions of the Industrial Relations Act and should also take into account the particular circumstances of each case.

Right of return
When adoption leave ends, the employee will return to their former position. If it is no longer available, the employee will move to a position of comparable status and rate of pay.

Advice to replacement employees of early termination
The general manager (or another appropriate officer) shall formally advise employees engaged or transferred to replace an employee on extended adoption leave, that their employment may be terminated or their transfer discontinued earlier than anticipated, if early return from adoption leave is approved.

Return to work during adoption leave
An employee on extended adoption leave may, with approval of the general manager (or another appropriate officer) break the period of leave to return to work on a full-time, parttime or casual basis. The period of adoption leave granted cannot be extended by such return to work beyond the maximum period of leave authorised by the Industrial Relations Act.

Variation
Council reserves the right to review, vary or revoke this policy.

Human Resources Policies Page 47

Parental (Maternity) Leave
Reviewed November 2004

Aim
This section contains guidelines for parental (maternity) leave.

Is s u e s to c o n s id e r
Legislation
The Industrial Relations Act as amended by the NSW Industrial Relations Amendment (Casual Employees Parental Leave) Act 2001 contains the legislation on parental leave, which includes maternity leave, paternity leave and adoption leave. The legislation applies to people who are parents by birth or by adoption. The maximum period of leave available in total to both parents is 52 weeks. Whether or not both partners have the same employer, they cannot take maternity leave and paternity leave at the same time except for a one week period immediately after confinement.

Award
The Local Government Award at Clause 19E provides for a period of paid maternity leave to all full time and part-time female employees who have had 12 months continuous service with council immediately prior to the commence of maternity leave or special maternity leave as provided under provisions of the Industrial Relations Act. The entitlement to paid maternity leave is further extended to female casual employees who have worked on a regular and systematic basis with council for at least 12 months prior to the commencement of maternity leave or special maternity leave.

Definitions
Paid maternity leave
Paid maternity leave means an unbroken period of leave comprising of 9 weeks paid at full pay or 18 weeks paid at half pay (or a combination of full pay or half pay provided the leave does not exceed the equivalent of 9 weeks on full pay) taken by a female employee in connection with the pregnancy or the birth of a child of the employee. Entitlement to paid maternity leave is derived from the Local Government Award.

Human Resources Policies Page 48

Paid special maternity leave
Paid special maternity leave means an unbroken period of leave comprising of 9 weeks paid at full pay or 18 weeks paid at half pay (or a combination of full pay or half pay provided the leave does not exceed the equivalent of 9 weeks on full pay) taken by a female employee where the pregnancy of the employee terminates before the expected date of birth (other than by the birth of a living child), or where she suffers illness related to her pregnancy, and she is not then on paid maternity leave. Paid special maternity leave is provisional upon a medical practitioner certifying such leave to be necessary before the employees return to work. Entitlement to paid maternity leave is derived from the Local Government Award.

Unpaid maternity leave
Maternity leave is unpaid leave to which female employees are entitled before, during and after the birth of a child. An employee is entitled to unpaid maternity leave only if the employee has had at least 12 months continuous service with the employer and eligibility ceases upon the first anniversary of the child's birth.

Right of return to former position
The Act grants the employee the right of return to their former position when parental leave ends. If the former position no longer exists, the employee has a right to a position of comparable status and rate of pay. The Act also places an obligation on council to advise replacement staff of the temporary nature of the employment and of the rights of the employee on parental leave to return to work.

Variations to the leave period
Early return from parental leave: Fourteen days' notice by the employee is required and is subject to the approval of the general manager. Extending parental leave: The employee has the choice, once only, to extend parental leave and must give the council 14 days notice to do so. Further extensions are subject to the approval of the general manager.

Notice of intention to take paid maternity leave
The employee must:

Provide council with certification of the expected date of confinement at least 10 weeks before the child due. This is known as the first notice;
Human Resources Policies Page 49

Advise council in writing of her intention to take paid maternity leave (and other forms of leave) and the proposed start date at least 4 weeks prior to that date. This is known as the second notice. Provide a signed statutory declaration that the employee will be the primary care giver to the child and that the paid maternity leave will not be taken in conjunction with any partner accessing paid parental leave entitlements.

Council's obligation to inform employees of entitlements
The Act requires council to inform employees of their parental leave entitlements as soon as council is aware that an employee or spouse is pregnant or is adopting a child.

Alternative duties for pregnant employees
If council receives medical advice that it is inadvisable for a pregnant employee to continue in her current position, then council must transfer her to another, more manageable position, with the conditions and rates attached to that position, if such a transfer is possible. If it is not, the employee may be required to take sick leave or leave classified as maternity leave for as long as is certified necessary.

Return to work during periods of parental leave
The Act allows an employee on parental leave in the form of unpaid maternity leave, with the agreement of council, to break the period of leave by returning to work with council on a full-time, part-time or casual basis. The period of leave cannot be extended by such a return to work beyond the maximum period of leave authorised by the Act.

Payment
Full time employees: Payment for paid maternity leave and paid special maternity leave is at the ordinary rate applicable prior to the commencement of the leave period. Permanent part time employees: Employees working as permanent part time employees are to be paid at their ordinary part time rate of pay calculated on the regular number of hours worked. Casual employees: A casual employee's rate of pay is to be calculated by averaging the employee's weekly wage in the 12 months immediately prior to the employee commencing paid maternity leave or special maternity leave.

Human Resources Policies Page 50

Commencement of leave The employee may choose to commence maternity leave (either paid or unpaid) before the expected date of the birth. Unpaid maternity leave does not count as service but does not break the continuity of service. Service Periods of paid maternity leave or paid special maternity leave is taken into account in calculating the employee's long service. Human Resources Policies Page 51 . Employees may take periods of annual leave and long service leave during unpaid maternity leave at half pay. All entitlements shall accrue during periods of leave at half pay on a proportionate basis. subject to council approval. long service leave. Any period of paternity leave taken by the employee's spouse reduces the employees entitlement to a total period of absence of 52 weeks by an equivalent amount. unpaid maternity leave and any accumulated time in lieu may be taken in conjunction with paid maternity leave and paid special maternity leave. Engaging in other paid work The employee is not to engage in any form of paid work whilst absent on paid or unpaid maternity or special maternity leave without the approval of the General Manager. annual and sick leave accruals. Impact of public holidays on paid maternity/special maternity leave Paid maternity leave and special maternity leave is exclusive of public holidays. the public holiday shall also be paid at half pay. Where a public holiday falls during a period where the employee has taken paid maternity leave or annual or long service leave on half pay. provided that the total period of leave does not exceed 52 weeks. Duration and combinations of leave Annual leave.

etc Human Resources Policies Page 52 .Impact of paid /unpaid leave on superannuation and authorised deductions Taking of paid maternity leave on half pay may impact upon an employees authorised payroll deductions. superannuation payments. Employees should be advised to contact council's payroll officer to seek advice in relation to deductions.

Eligible employees are entitled to paid maternity leave on the basis of payment of nine weeks at full pay or 18 weeks at half pay or a combination of full pay or half pay provided the leave does not exceed the equivalent of nine weeks on full pay. sick leave or annual leave however such unpaid leave does not constitute a break in the continuity of the employee’s service with Council. part-time or regular and systematic casual basis. Maternity leave may not extend beyond 52 weeks absence of leave in total. Annual leave and long service leave may be taken in conjunction with maternity leave. Maximum period of absence on leave In combination. Maternity leave and paternity leave cannot be taken by the partners simultaneously except for one week’s paternity leave immediately following confinement. The period of paid maternity leave is exclusive of public holidays and Council grant days where applicable. The employee may choose to start maternity leave before the expected date of confinement. Human Resources Policies Page 53 . To be eligible for maternity leave an employee must have completed 12 months continuous service with Council immediately prior to commencement of leave in a fulltime. The length of maternity leave is reduced by the amount of paternity leave taken by the employee’s partner.Policy statement . That part of the employee’s leave which constitutes unpaid parental (maternity) leave shall not be regarded as service for the purpose of computing long service leave. and Female casual employees who have worked on a regular and systematic basis with council for at least 12 months prior to the commencement of maternity leave or special maternity leave.example Applicability This policy applies to: Full time and part time female employees who have had 12 months continuous service with council immediately prior to the commence of maternity leave or special maternity leave. Eligibility and Entitlement Maternity leave is available to female employees. Eligibility for maternity leave ceases upon the first anniversary of the child’s birth. maternity leave (and paternity leave of the employee’s partner where applicable) and absence on any other form of paid / unpaid leave may not exceed 52 weeks.

still birth or infant death. Shortening the period of maternity leave is subject to the General Manager’s approval. Council shall adopt one of the following alternatives: Change the duties of her current position. more manageable position.. Human Resources Policies Page 54 . such as miscarriage. Submit an application for maternity leave at least four weeks prior to the start date accompanied by written evidence of the anticipated date of confinement. once only. The employee’s application for leave should clearly indicate whether the employee wishes to be paid 9 weeks pay on full pay or 18 weeks at half pay (or the required combination does not exceed the equivalent of 9 weeks on full pay). Applications to vary the period of maternity leave are to be made in writing and give 14 days’ notice. Council shall adopt the provisions of the Industrial Relations Act and take into account the particular circumstances of each case. Alternative duties for pregnant employees If Council receives medical advice that a pregnant employee should not continue in her current position. In unforeseen circumstances. and Provide a statutory declaration that the employee will be the primary care giver. Application and approval of maternity leave For maternity leave. Further extensions to the leave period are subject to the General Manager’s approval. provided that the total period of leave does not exceed 52 weeks.subject to the approval of the General Manager (or another officer with delegated authority). Transfer the employee to another. to extend the period of maternity leave by giving 14 days’ written notice to the General Manager. the employee must: Provide Council with certification of the expected date of confinement at least 10 weeks before the child is due. at the rates and with the conditions attached to or appropriate to that position. Variations to the leave period The employee is entitled.

The length of absence on maternity leave granted cannot be extended by such return to work beyond the maximum period of twelve months. Variation Council reserves the right to review.If the preceding alternatives are not possible. vary or revoke this policy. that their employment may be terminated or their transfer discontinued earlier than anticipated.” Return to work during unpaid maternity leave An employee on unpaid maternity leave may. part-time or casual basis. with approval of the General Manager (or another appropriate officer with delegated authority) break the period of leave to return to work on a full-time. it may be necessary to terminate your temporary employment in accordance with provisions of the Local Government (State) Award should the employee return to work earlier than currently approved. Any letter of appointment issued to a replacement or transferred employee is to include a paragraph as follows: “The employee of Council you have been engaged to replace on a temporary basis is currently on Parental (Maternity) Leave. Notwithstanding the period of the temporary employment state above. If it is no longer available. the employee will return to their former position. the employee will move to a position of comparable status and rate of pay. if early return from maternity leave is approved. the employee will be required to proceed on maternity leave for as long as is certified necessary. Advice to replacement employees of early termination The General Manager (or another appropriate officer with delegated authority) shall formally advise employees engaged or transferred to replace an employee on maternity leave. Right of return to work When maternity leave ends. Human Resources Policies Page 55 .

Leave for Civil Emergencies
Reviewed November 2004

Aim
This section contains guidelines for granting leave to employees who are active members of bushfire brigades or of the State Emergency Services so that they can fight bushfires or help in other emergencies.

Is s u e s to c o n s id e r
Legislation
Council has a responsibility under section 8 of the Occupational Health and Safety Act 2000 for the general health, welfare and safety of its employees. There should be a consideration as to whether there should be a compulsory break before returning from leave and whether there should be an assessment of capacity to return to duty at no risk to the employee or others. If it is decided that there should be an assessment and break, consideration should be made of the expense incurred and whether the break is paid or not.

Emergency types
The granting or refusal of leave and the duration of the leave granted may depend on whether the emergency is a local accident or a local fire, a planned hazard reduction exercise in the district, a significant fire in the district, a declared emergency in the state or a declared emergency in another state.

Payment and reasons for leave
Council should consider whether to grant leave with or without pay and what are considered to be adequate reasons for the granting of leave.

Definitions
Emergency
Refer to section 44 of the Rural Fires Act 1997 and Regulations and the NSW Government Gazette declarations.

Human Resources Policies Page 56

Policy statement - example
Applicability
This policy applies to all employees who are volunteer members of bushfire brigades or the State Emergency Services.

Granting of leave without pay
Employees who are volunteer members of bushfire brigades or the State Emergency Services will be granted leave without pay when there is a recognised emergency so that they can help fight fires or carry out search, rescue or support operations. Council may choose to refuse to grant leave without pay if an employee’s absence will cause exceptional inconvenience or hardship in the workplace, or jeopardise the safety or security of council operations, other employees or the public.

Return to work
Council may require an employee who has taken leave for a civil emergency to provide proof of fitness to return to work before resuming normal duties.

Variation
Council reserves the right to review, vary or revoke this policy.

Human Resources Policies Page 57

ADF Reserves Service (Military Leave)
Reviewed October 2005

Aim
This section contains guidelines for granting leave of absence to employees who are members of the Australian Defence Force (ADF) Reserve so that they can fulfil their obligations.

Is s u e s to c o n s id e r
Obligation to support national security
As a public employer, council may be seen to have an obligation to support activities which involve national defence and security.

Legislation
Military leave is regulated by the following legislation: Defence Act 1903 Defence Reserve Service (Protection) Act 2001(Cth) Although reservists undertake most of their training in their own time (mainly evenings and some weekends) they may be asked to participate in an annual training period, usually of two weeks duration. Under the Defence Reserve Service (Protection) Act 2001 (the Protection Act), employers have a range of obligations in respect of reservists. In summary, when protection provisions are in force, the employer is required to: Not discriminate against an employee in their terms and conditions of employment because the employee renders or volunteers to render defence service; Not hinder in any way, a employee from carrying out defence service or becoming a member of the ADF Reserves; Re-employ the employee after defence service; Not compel employees to use annual leave/long service leave for defence service; and Treat the employee as on leave without pay during call-out and protected voluntary continuous full time service.

Human Resources Policies Page 58

The Protection Act does not oblige an employer to do any of the following in respect of the period of service of an employee who is, or has been absent on defence service: Pay the employee’s remuneration in respect of the civilian employment; Grant the employee’s entitlements in respect of the civilian employment; Meet the employer's obligations under worker's compensation law to pay premiums, contributions or similar payments in relation to the member. Broadly, the protection provisions apply to all forms of defence service with the exception of unprotected voluntary continuous full time service. The designation of a period of defence service as protected or unprotected, will occur prior to the formal offer of any period of continuous full time service.

LGA Policy
In 1999, the Annual Conference of the Local Government Association of NSW adopted a policy of support for Defence Reservists employed by local councils by paying them their normal rate of pay during periods of continuous service when on their annual field exercise or promotions course.

Superannuation
While on defence leave, the employee must continue to pay normal superannuation contributions. Under provisions of the Protection Act, a council is not obliged to meet the employer's obligations under the Superannuation Guarantee (Administration) Act 1992 in respect of the period of unpaid defence leave. However defence leave is prescribed leave for the purposes of the Retirement Scheme (Div B), Basic Benefits Scheme (Div C) and the Defined Benefits Scheme (Div D). Therefore under these Divisions, councils (and employees) must continue to pay their normal superannuation contributions while employees are on unpaid defence leave, unless the employee elects not to contribute superannuation during the period of such defence leave.

Continuity of service
Unpaid defence leave does not count as continuous service for annual leave, long service leave, sick leave or any other relevant entitlements.

Fixed-term or temporary contracts
Periods of defence leave do not extend the term of fixed-term or temporary employment contracts.
Human Resources Policies Page 59

Employer Support Payment Scheme (ESP)
The Employer Support Payment Scheme (ESP) is available to help offset the costs employers incur for releasing employees for service in the Naval, Army or Air Force Reserves. It applies to full time and part time employees. The criteria to qualify for ESP payments are: The employee’s periods of defence service must be a minimum of 5 consecutive days; The employee must have served a qualifying period of 14 days’ defence service (in a single period or blocks of five consecutive days or longer) with council in the current financial year; Council must submit claims within 6 months of the first day of service for which the claims are being made. Claims submitted outside of this period will require special justification; Council must release the employee on defence leave or leave without pay and not require them to use their leave entitlements; Council must agree to protect the employee’s job. Note: The weekly rate for the ESP is $991.20 as at 1 July 2005. The rate is assessed at the end of each financial year.

Human Resources Policies Page 60

Absence during call-out and protected voluntary continuous full time service Council will treat a reservist as on leave without pay during call-out and protected voluntary continuous full time service. Benefits Council acknowledges that defence service enhances job performance as well as contributing to national security.example Applicability This policy applies to all employees except casuals. Human Resources Policies Page 61 .Policy statement . Make-up pay Where council grants the reservist defence leave. council will pay the reservist the difference between their normal rate of pay and the amount the reservist receives from the military for the period of such defence leave. Application and approval Reservists must provide documentary evidence showing they are required to undertake defence service. Note: Council may wish to set a limit on the period of defence leave for which make up pay will be approved. vary or revoke this policy. Granting leave Council will not in any way hinder an employee who is a member of the ADF Reserves from undertaking defence service and will grant defence leave for attendance at training and promotions courses or redeployment on an operation or exercise. with the exception of leave to attend to call-out or protected voluntary continuos full time service. Variation Council reserves the right to review. whether or not supporting documentation is available at that time. They should also give a minimum of one month's notice.

if employees should be able to have more than one part-time position. Is s u e s to c o n s id e r Legislation and awards Part-time employment is covered in the Industrial Relations Act.Part-Time Employment Reviewed November 2004 Aim This section establishes guidelines for part-time employment. Hours of work In determining the appropriate hours for a part-time position. the needs of council and flexibility in being able to vary hours. leave balances from part-time employment are converted to the full-time equivalent when an employee transfers from part-time to full-time employment. The desire of the employee to work an altered arrangement needs to be weighed against the requirements of the organisation. Conversion of leave balances and entitlements Council's consultative committee must be informed of conversion from full-time to parttime/from part-time to full-time before conversion of leave balances. The Local Government Award. Consideration must be given to reasonable adjustments that council may be able to introduce to assist the employee to meet their carer's responsibilities in both the short and longer term. how existing leave balances and entitlements should be handled when an employee transfers from full-time to part-time or vice versa. Leave balances are converted to the part-time equivalent when an employee transfers from full-time to parttime employment. council should take into account the type of work performed. Similarly. Applications by employees for conversion of full time positions to part time due to carer's responsibilities need to be examined carefully. and the Local Government (Electricians) State Award define part-time employment and provides for pro-rata application of conditions. Human Resources Policies Page 62 . Council also needs to determine: if there is any practical minimum number of hours for part-time positions.

Superannuation costs will vary when an employee transfers from full-time to part-time employment and from part-time to full-time employment. Human Resources Policies Page 63 . Overtime Part time employees are paid overtime where a part time employee works hours outside of the agreed ordinary hours for the position although a part time employee may work more than their regular number of hours at their ordinary rate by agreement. The Award also provides that the alteration of a full time position to part time and vice versa shall be referred to the consultative committee for its information. Where a part time employee works outside of the spread of ordinary hours for the position. Superannuation Part-time employment carries a cost to council in the recalculation of superannuation contributions.how to vary from part-time to full-time employment or job-share and vice versa. overtime shall apply. The Local Government Award provides for a change to the spread and arrangement of hours and payment for such hours by agreement with the employee(s) and management and referred to the consultative committee for recommendation to council. the award provides that a part-time employee is engaged on the basis of a regular number of hours which are less than the full-time ordinary hours in accordance with the award.

Changes to hours upon transfer or promotion When employees change positions they must work the hours nominated by council for the "new" position unless otherwise agreed. Where an employee requests such a transfer council should have regard to antidiscrimination legislation and its own operational requirements. Requests for transfer from full-time to part-time Council will consider requests for transfer from full-time to part-time employment.Policy statement . Work arrangements.example Applicability This policy applies to all part-time employees. Variations to the working week are allowed only by mutual agreement and reference to the consultative committee. Approved variations to the working week will be documented. Conditions of employment for part-time employees Part-time employees have the same rights and entitlements as full-time employees except that they are applied on a pro-rata basis. Human Resources Policies Page 64 . Council shall also have regard to balancing efficiency and work organisation concerns against the merits of the employee's request for transfer from full-time to part-time employment and vice versa. providing there is no change in the nature of the position. Continuing permanent and fixed-term part-time employment Part-time employment may be on a continuing or fixed-term basis. from part-time to full-time and from one part-time position to another. A copy of that record will be provided to the employee and a copy placed on the personal file. working days and starting and finishing times (or hours per day) must be included in the employment contract. The consultative committee shall be informed of such transfer. This applies to employees who convert from full-time to part-time. Flexi-time and rostered days-off or similar arrangements are not available. Part-time employment contracts Council will nominate positions that can be filled on a part-time basis and designate the weekly hours of work.

unless the general manager (or another appropriate officer) has given express permission.Only one part-time position at any one time An employee may not occupy at any one time more than one part-time position with council. Human Resources Policies Page 65 . Conversion of leave balances and entitlements Leave balances are converted to the part-time equivalent when an employee transfers from full-time to part-time employment. Variation Council reserves the right to review. leave balances from part-time employment are converted to the full-time equivalent when an employee transfers from part-time to full-time employment. Similarly. vary or revoke this policy.

casual loading The loading for casual employees is 25 per cent of the normal hourly rate. This represents payment-in-lieu of all categories of leave and severance pay prescribed by the Local Government Award . entitlements and obligations of casual employees. In-house guidelines for casual employment Council may wish to establish its own guidelines for casual employment. setting overtime thresholds.Casual Employment Reviewed November 2004 Aim This section contains guidelines for reinforcing the rights. applying overtime rates to casual employees. if an employee works overtime. These state that casual staff are not to replace council employees on a permanent basis. the minimum period a casual employee may be appointed for. setting limits on how many casuals are employed and how long they are employed for. especially in regard to: in what circumstances casuals may be employed. the applicability of the normal spread of hours to casual employees. and the Local Government (Electricians) State Award. using casual employees outside normal working hours. Pay rates . In other words. except for paid maternity leave and does not attract any penalty. casual employees may be exempt from unfair dismissal access unless they are Human Resources Policies Page 66 . the 25 per cent loading is calculated on the ordinary rate of pay. Is s u e s to c o n s id e r Awards Casual employment is covered by the Local Government Award.

have an entitlement to paid maternity leave in accordance with provisions of the Award. and would. In calculating the long service leave entitlement in such cases council should deduct long service leave accrued whilst the employee was employed as a casual. Definitions Casual employee A casual employee is one employed on a day-to-day basis where the length of the engagement may vary from day to day. Human Resources Policies Page 67 . Casual employees engaged on a regular and systematic basis should be paid on the normal pay day. but for the dismissal. Pay days for casual employees Casual employees should be paid at the end of each day they work. Female casual employees who have worked on a regular and systematic basis with council for at least 12 months prior to the commencement of maternity leave or special maternity leave. There is no expressed or implied continuity of work with the council. have had a reasonable expectation of continuing employment with the council. Casual employees engaged on a regular and systematic basis Casual employees engaged on a regular and systematic basis shall: Have access to an annual assessment under council's salary system. Have their service as a casual counted as service for the purpose of calculating long service leave where the service as a casual employee is continuous with their appointment to a permanent position on council's structure.casuals who: (i) (ii) are engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment during a period of at least 6 months.

Human Resources Policies Page 68 . Uses and limits for casual employment Casual employment may be offered for: relief purposes to meet special work demands. sessional work where work requirements may vary from day to day. vary or revoke this policy. Variation Council reserves the right to review. In cases of misconduct council can dismiss a casual employee instantly. It is not to be used as a substitute for continuing or fixed-term employment. Period of engagement The minimum period a casual employee can be engaged is one day. Termination The services of casual employees terminate at the end of each day.Policy statement .example Applicability This policy applies to casual appointments and casual employees.

perspectives and experiences to a job. Advantages of job-sharing Job-sharing has the advantage that job-sharers are interchangeable: when one is absent. on the same basis as for part-time employees. the other can fill in. The Human Resources Policies Page 69 . such as ergonomics and protective gear.and may demand different workplace arrangements. Labour on-costs Job-sharing may involve extra labour on-costs .particularly administrative overheads such as payroll and leave management . for the job-sharers. two or more employees bringing different and additional skills. However. The job-sharers in conjunction with council shall agree on the hours to be worked. a better balance between work and other activities and responsibilities.Job-Sharing Reviewed November 2004 Aim This section contains guidelines for job-sharing arrangements. Clause 21 of the Local Government Award provides the minimum conditions under which job sharing may be implemented. it may defeat the purpose of job-sharing to grant flexi-time or rostered days-off. Conditions Pro-rata conditions generally apply. Is s u e s to c o n s id e r Legislation and awards Job-sharing is not covered by legislation. There should be one clearly designated supervisor for the job-sharing participants. flexibility in scheduling hours and/or days of work. Communication and compatibility The success of job-sharing depends on the personal compatibility of the job-sharers and on good communication between job-sharers and their supervisor.

how to vary from job-share to part-time or full-time employment and vice versa.agreement shall specify the number of ordinary hours to be worked by each job-sharer. Superannuation Job-share employment carries a cost to council in the recalculation of superannuation contributions. Conversion of leave balances and entitlements Job-sharers leave entitlements may be required to be adjusted at the end of each service year to account for the actual hours worked by each job-sharer. council should take into account the type of work performed. Superannuation costs will vary when an employee transfers from job-share to full-time or part-time employment and from part-time or full-time employment to jobshare. The award also provides that the alteration of a full time position to part time or vice versa shall be referred to the consultative committee for its information. how existing leave balances and entitlements should be handled when an employee transfers from full-time or part-time to job-share or vice versa. if employees should be able to have more than one job-share position. A change to job-sharing from full-time or part-time employment or vice versa does not break the continuity of service. the needs of council and flexibility in being able to vary hours. Council also needs to determine: the practical minimum number of hours for job-share positions. Human Resources Policies Page 70 . Where a job-sharer works outside of the spread of ordinary hours. The Local Government Award provides for a change to the spread and arrangement of hours and payment for such hours by agreement with the employee(s) and management and referred to the consultative committee for recommendation to council. overtime shall apply. Overtime Job-share employees are paid overtime where a job-share employee works hours outside of the agreed ordinary hours for each job-sharer although a job-sharer may work more than their regular number of hours at their ordinary rate by agreement. All accrued entitlements shall be calculated in proportion to the hours worked in each employment arrangement Hours of work In determining the appropriate hours for a job-share position.

In the event of a job-sharer vacating the position. Where an employee requests job-sharing." Human Resources Policies Page 71 . the categories of positions to which it applies and the job-sharing arrangements themselves.Managing job-sharing Council should retain control over the extent of job-sharing. It may be inappropriate to have managerial and supervisory positions in job-sharing arrangements. Note. Definition Job-sharing The award defines job-sharing as "a form of part-time employment where more than one employee shares all the duties and responsibilities of one position. It may be appropriate either to have all job-sharing arrangements subject to periodic review or to establish all job-sharing arrangements for fixed terms only. Relief arrangements should form part of the job-share conditions. the award is silent about how to redeploy the remaining job-sharers in the arrangement. A job-sharing arrangement should be reviewed whenever one of the job-sharers leaves. council should apply its normal redeployment procedures. Council should also ensure that the issues of relief when one (or more) job-sharers is absent from work are agreed and understood. council shall review the position and shall consider filling the vacancy or offering the remaining job-sharer(s) increased hours. Where there is no agreement or opportunity for increasing the remaining job-sharer(s) hours. council should have regard to anti-discrimination legislation and its own operational requirements.

in the absence of a job-sharer. it may not be varied unless the general manager gives approval. positions which would otherwise be filled on a full-time basis. the maximum term of any job-sharing arrangement is 2 years and this is subject to review prior to the end date. day-to-day management of a job-sharing arrangement is the responsibility of the job-sharers. council shall review the position and shall consider filling the vacancy or offering the remaining job-sharer(s) increased hours. positions are in categories designated by the general manager or other appropriate officer and do not include managerial or supervisory positions. the remaining job-sharer(s) shall be required by council to relieve the absent job-sharer provided the remaining job-sharer(s) are reasonably available. A copy of the arrangement and any variations to it will be provided to the job-sharer(s) by the council. a job-share position involves no more than 3 employees each of whom must work a minimum of 12 hours per week.example Applicability This policy applies to positions designated "job-share" by the general manager. where there is no agreement or opportunity for increasing hours of the remaining job-sharer(s) council shall apply its normal redeployment procedures. job-sharing is based on an agreed division of time. once the division of time has been agreed. Human Resources Policies Page 72 .Policy statement . Conditions of job sharing Job-sharing is subject to the following conditions: the terms of a job-share arrangement or any variation to it must be in writing. in the event of a job-sharer vacating the position.

Human Resources Policies Page 73 .Variation Council reserves the right to review. vary or revoke this policy.

Minimum term The Act does not specify a minimum term for temporary employment. A person who is appointed to a position temporarily may not continue in that position for a period of more than 12 months. in the case of any other person may appoint a person to the position temporarily. Is s u e s to c o n s id e r Legislation Section 351 of the Local Government Act provides that when a position (including a senior staff position) within the organisation structure of the council is vacant or the holder of such a position is suspended from duty. Recruitment of temporary staff The provisions of the Local Government Act in respect to advertising and selection on merit do not apply to the recruitment of temporary staff. Human Resources Policies Page 74 . or the general manager. Conditions of service for temporary employees Legislative and award provisions apply to temporary employees. However. sick or absent: (a) (b) the council. council could use casual employment. For short periods or periods of unforeseen vacancies. Council will have to determine which council policies will also apply to temporary employees. It should be noted that section 348(3)(b) of the Act restricts the temporary engagement of an employee in a position to 2 or more periods which do not exceed 12 months over any period of 2 years. in the case of the general manager's position.Temporary Employment Reviewed November 2004 Aim This section contains guidelines for employing staff on a temporary basis. it is recommended that any fixed-term employment contract should be for a minimum of 3 months.

Maximum Term Section 351 of the Local Government Act stipulates that temporary appointments to vacant positions may not exceed 12 months. Human Resources Policies Page 75 .

as short-term secondments. for temporary assistance to augment staff shortages. Human Resources Policies Page 76 . Reasons for recruiting temporary employees Council may recruit temporary employees for a number of reasons: to replace staff on leave. vary or revoke this policy. Conditions of employment Temporary employees will be covered by council's policies and procedures except where specified.Policy statement . Variation Council reserves the right to review.example Applicability This policy applies to all temporary employees.

2. The contract expires and continually gets renewed If the position is not for a specific task. D’Lima v Board of Princess Margaret Hospital for Children (1995). 3. see Evans v Australian Defence Apparel Pty Ltd (2002). Is s u e s to c o n s id e r Award provisions The Local Government Award provides that a Council may employ a person on a term contract in an ongoing position that is evaluated as Professional/Specialist Band 3. and that the employer cannot adequately justify a good basis for appointing the employee under a fixed term contract.Fixed-term employment Reviewed November 2004 Aim This section provides guidelines for establishing the basis of fixed-term employment offers and for limiting the duration of fixed-term appointments. There is no legislation preventing award covered employees from entering into fixed-term contracts of employment. It includes a provision that notice is given on termination of employment. The commission may deem a contract is not a genuine fixed term contract if: 1. Human Resources Policies Page 77 . Level 4 or the Executive Band 4 of the award where: (a) (b) the council and the employee agree where the contract includes a clause that a further term contract for the position shall be offered to the employee if the employee’s performance remains at a satisfactory level during the term of the contract and the position continues to exist at the end of the term of the contract. and the term of the contract is a minimum of three years and a maximum of five years (c) Legislation The Local Government Act provides for senior staff to be employed on fixed-term performance based contracts of employment. However council should note that fixed-term contracts with notice/renewal/termination provisions are not necessarily regarded as fixed-term contracts for the purpose of avoiding the unfair dismissal provisions under Industrial legislation.

the length of a fixedterm contract should relate to project funding and completion date. council has no legal obligation to remind the employee that the finish date is imminent. are covered by a federal award called the Local Government Engineers Senior Staff (NSW) Award 1999. council should give the employee the award prescribed notice that the contract's finish date is imminent. As a general rule. What to include in a fixed-term employment contract The fixed-term nature of the contract should be made clear. when the contract is due to expire upon a project's completion. The Local Government Act states that fixed-term contracts for senior staff positions cannot exceed 5 years. Council's obligation to advise finish date If a fixed-term contract stipulates a finish date. In the interest of certainty the employee should not work past the contract's finish date. At the time of appointment the appointee knows that the position has a specified finite life and that the contract contains no expectation of continuing employment. Senior staff who perform engineering duties as part of their contract. However.Length of fixed-term employment contracts Council should set minimum and maximum periods of appointment. Definition Fixed-term employment Fixed-term employment is employment for a finite period. unless the contract itself specifies that council has such an obligation. Advertising to recruit fixed-term employees All fixed-term appointments which are expected to exceed 12 months must be advertised in accordance with the Local Government Act. Other fixed-term conditions should reflect the conditions found in permanent employment contracts. then council is obliged to give the employee notice at least equal to the award provisions. explicitly or implicitly. this is appropriate as a maximum period. If the term of the contract is implied .for instance. Human Resources Policies Page 78 .

details of the employee's position. the position is subject to the availability of funds. award classification (where appropriate) and commencing salary. Human Resources Policies Page 79 . the position will be filled on merit. activity or initiative which has a known finite life of less than 5 years. in accordance with the requirements of the Local Government Act) Essential elements in a fixed-term employment contract Council's fixed-term employment contract must contain: explicit start and finish dates or information which clearly implies a fixed-term appointment.example Applicability This policy applies to all fixed-term appointments other than senior staff positions appointed under the Local Government Act. Minimum and maximum periods for fixed-term employment The minimum period for a fixed-term contract is 3 months.Policy statement . Reasons for offering fixed-term employment Fixed-term employment may be offered under the following circumstances: the position to be filled relates to a particular project. the position has been created to fill in for an employee who will be absent for at least 3 months. The maximum period is 5 years. council and the employee agree to a fixed-term position prior to drawing up the contract. to trial a new work area for a limited duration which is not longer than reasonably necessary (NB: The contract should clearly indicate that if the new work area continues beyond the trial period.

vary or revoke this policy. award provisions and council policies apply to fixed-term employees.Advice of finish date Council should give the employee notice in accordance with clause 29 of the Local Government Award of the date the employee is due to finish. except where the finish date is stated explicitly in the employment contract. Human Resources Policies Page 80 . Conditions of service for fixed-term employees All relevant legislation. Variation Council reserves the right to review.

Placements will usually directly involve the relevant government department and organisations operating directly or indirectly as agents of that department. Health and safety procedures at the place of work relevant to the work experience participant. colleges. and Any other information that the Regulation specifies should be the subject of induction training and is relevant to the work experience participants place of work. Is s u e s to c o n s id e r Legislative requirements Under provisions of the OHS Act 2000 and the OHS Regulation 2001. council must ensure that work experience participants receive induction training that covers the following: Arrangements at the place of work for the management of occupational health and safety. including the use and maintenance of risk control measures. How work experience participants can access any health and safety information that the council is required to make available to employees. When dealing with placements by these organisations.which are not regulated by government labour market programs. including arrangements for reporting hazards to management.schools. TAFEs and many private organisations . Placement agencies The placement of work experience participants is usually undertaken by agencies involved in labour market programs. it is council's responsibility to protect itself against all foreseeable workplace eventualities. work experience participants working in an environment which requires employees of council to complete a Prohibited Persons Declaration and undergo a "Working with Children Check" are subject to the same requirements. There are some placement organisations . Human Resources Policies Page 81 .Work experience Reviewed November 2004 Aim This section contains guidelines for participating in work experience programs. Under provisions of the Children Protection (Prohibited Employment) Act 1998.

department or agency . for work experience participants would be in accordance with the guidelines for the scheme or the award. This is usually part of council's agreement with the placement agency. It is recommended that insurance should include cover against workplace injury and illness. Under no circumstances should work experience participants be used for overtime or out Human Resources Policies Page 82 . Financial obligations Council is under no obligation to pay work experience participants for their services. However. Council is obliged to reimburse out-of-pocket expenses in the same way as it would for paid employees.Insurance for work-related injury and illness Councils must ensure that work experience participants are adequately insured against workplace injury and illness.such as time-off for training and meetings or interviews with representatives of the placement. It is helpful for council and the work experience participant to draw up a plan of activities and agree upon it before the placement begins. Working conditions Working conditions for work experience participants should be basically the same as for paid employees. Duties of work experience participants Work experience participants should not be regarded as substitutes for paid employees. It is up to each council to decide what insurance it considers adequate. council should assign participants to projects that cannot be accomplished with normal staffing levels. Participants who are in labour market programs will already be receiving some form of government benefit. Payment. So that work experience is valuable and measurable. Council should consult with in-house union representatives to ensure that council employees are not concerned by the placement of work experience participants. nor should they be used to replace staff who are absent. if any.may be required from time to time. some variations which facilitate their work experience program . and accidental and deliberate damage to equipment. There is adequate insurance cover under some schemes but council should check the guidelines and cover provided.

Human Resources Policies Page 83 . In-house mentor and reporting relationships Council should appoint an in-house mentor (usually the officer responsible for managing human resources) to supervise placements. Participants will also need to report to their area supervisor or manager. the individual participants and council. and that grievances are addressed. This is to ensure that the agreed programs are adhered to. that there is clear communication between the placement agency.of hours activities.

example Applicability This policy applies to all work experience participants.Policy statement . communicate with the placement agency. or similar. Human Resources Policies Page 84 . all work experience participants must take part in a program which familiarises them with workplace health and safety requirements. Acknowledgment of obligation Council accepts that it has an obligation to facilitate and assist government labour market and community-based work experience programs. conduct or facilitate induction programs for work experience participants. handle any grievances. Before any participant starts work. activities as a substitute for paid employment. monitor progress and ensure that the agreed work programs are adhered to. help set up work experience programs for individual participants or groups of participants. Council will not use work experience participants for routine. The appointment carries the following responsibilities: ensure that council-determined insurance provisions for work experience placements are met. Insurance cover Council will determine the categories and extent of insurance cover required by participants and/or placement agencies in order to minimise or eliminate any risk to council in deploying work experience participants. Occupational health and safety training Before their placement begins. Appointment of in-house mentor(s) The general manager will appoint an officer to act as in-house mentor to work experience participants during their placements. participants and council departments. the general manager or appropriate officer must be satisfied that the required insurance is in place.

courtesy. organisational discipline and compliance with policy as are required of paid employees. Variation Council reserves the right to review. vary or revoke this policy. Child Protection Provisions Under provisions of the Children Protection (Prohibited Employment) Act 1998. Human Resources Policies Page 85 . work experience participants working in an environment which requires employees of council to complete a Prohibited Persons Declaration and undergo a "Working with Children Check" are subject to the same requirements. Working conditions Work experience participants are expected to maintain the same standards of confidentiality. Reimbursing out-of-pocket expenses Work experience participants are entitled to claim for out-of-pocket expenses under the same conditions as paid employees.including the use of any personal protective equipment used.

Appointment of volunteers to paid employment Volunteers should not be appointed to paid employment without being selected through council's normal recruitment processes. The first is more reassuring and minimises the likelihood of public risk claims. Ongoing use of volunteers should therefore be avoided. including arrangements for reporting hazards to management. Health and safety procedures at the place of work relevant to the volunteer. Council should conduct appropriate consultation with the relevant in-house unions and Consultative Committee to ensure that the presence of volunteers is not misinterpreted. Insurance for volunteers Workers compensation does not cover volunteer workers. Legislative requirements Under provisions of the OHS Act 2000 and the OHS Regulation 2001. council must ensure that volunteers receive induction training that covers the following: Arrangements at the place of work for the management of occupational health and safety. Human Resources Policies Page 86 . including the use and maintenance of risk control measures. so councils may either: provide their own workplace insurance for injury and illness. The second alternative is difficult to police.Volunteers Reviewed November 2004 Aim This section contains guidelines for organising volunteer workers. insist that volunteers insure themselves against injury and illness in the workplace subject to council's acceptance. Is s u e s to c o n s id e r Status of volunteers Volunteer workers should not be used as substitutes for paid employees.

How volunteers can access any health and safety information that the council is required to make available to employees. inducting and supervising volunteer workers as it does to its paid employees. induction and supervision Equal employment opportunity legislation does not apply to volunteer workers. Consequently council needs to pay as much attention to the business of selecting. and Any other information that the Regulation specifies should be the subject of induction training and is relevant to the volunteers place of work. Nevertheless. Human Resources Policies Page 87 . Under provisions of the Children Protection (Prohibited Employment) Act 1998. Reimbursing out-of pocket expenses It is council's responsibility to ensure that a task it assigns volunteer workers does not cause them financial loss. use of own vehicle and fares incurred while working however this does not extend to compensation for lost wages from other employment.for example. Definition A volunteer is a person who offers service without expectation of remuneration. volunteers working in an environment which requires employees of council to complete a Prohibited Persons Declaration and undergo a "Working with Children Check" are subject to the same requirements. council's duty of care for a volunteer worker is substantially the same. Council must therefore reimburse volunteer workers for any out-of-pocket expenses . Selection.

or right for consideration for future paid employment with council. will not be used to perform the duties of paid employees. Occupational health and safety training Before starting work volunteer workers must participate in a program which familiarises them with workplace health and safety requirements. may not work for longer than 6 weeks at any one time. even in the event of staff illness or absence. may be deployed only on ancillary duties. Obligations of volunteers Volunteer workers are expected to maintain the same standards of confidentiality. Future paid employment Engagement and service as a volunteer worker with council will not be construed as providing any access to. may work for a maximum of 15 hours per week in a voluntary capacity. hours and periods of employment Voluntary workers: will not be used to perform the routine or specialist tasks usually undertaken by paid employees. courtesy. Human Resources Policies Page 88 . organisational discipline and compliance with policy as are required of paid employees.example Applicability This policy applies to all volunteer workers.Policy statement . Restrictions on duties. Workplace accident insurance Council will cover all volunteer workers against workplace injury or work-related illness.

Application and approval Volunteer workers must complete an application form and be interviewed by the appropriate supervisor or manager. vary or revoke this policy. Before volunteers can start work. Volunteer workers are obliged to advise their supervisor or manager if they are unable to attend work. Attendance Council will keep attendance records for volunteer workers. Discontinuation of voluntary services.Reimbursing out-of-pocket expenses Volunteer workers are entitled to claim for out-of-pocket expenses under the same conditions applied to employees of council. the general manager (or another appropriate officer) must approve their appointment and provide them with a copy of this policy. Variation Council reserves the right to review. terminating service Council may advise a volunteer worker that they are no longer required at any time without notice. Human Resources Policies Page 89 .

This allows councils to offer remuneration on a more cost effective basis. An increase in an award salary must also be taken in cash. remoteness of location and so on. Human Resources Policies Page 90 . Other (non-evaluation) factors may have to be taken into account . Its application beyond the enterprise is limited because it cannot realistically take into account loadings which some categories of position may attract due to labour market demand. It applies the same criteria and the same measuring techniques to all jobs in an organisation but it is not unquestionably accurate. labour market pressures. nature of work.Remuneration management Reviewed November 2004 Aim To develop guidelines for establishing a remuneration strategy. relaxed lifestyle in a non-urban environment or access to other benefits (such as cheaper housing) to attract and retain good staff. Other councils might not have such a capacity to pay and opt to utilise non-remuneration attributes such as locality. Some may want to be remuneration market leaders (usually in their own industry) in order to attract and retain the most outstanding staff available. Provided there is such an authorisation it may be possible for council to introduce non-cash components into an employee’s total remuneration package. hours of work and certain historical relationships. The major advantage of job evaluation is that it is systematic.for example. a non-cash equivalent such as a car may not be substituted. Standing in the remuneration market Councils may have differing philosophies about their 'place' as employers in the market. However the Act also allows for employees to authorise their employer to make deductions from their salaries. Is s u e s to c o n s id e r Legislation The NSW Industrial Relations Act 1996 stipulates that award salaries must be paid in cash or with appropriate authority by cheque payable to the employee or by electronic transfer of funds into an employee's account. The role of job evaluation Job evaluation is a recognised technique for establishing relativities between jobs in an enterprise and thus for establishing actual salary levels within an organisation.

the matter is to be referred to the consultative committee for consideration and where appropriate for recommendation to the general manager / council for decision.in the development of the system or a tool for reestablishing job relativities within the system. establish the significance of job evaluation to the system . The award also allows reward for high performance. In the event that a dispute arises the rules detailed below shall be used by the industry parties to assist in the resolution of such disputes. determine how employees progress based on acquisition and use of skills. how it links to the salary/remuneration system. Banding The appropriate band for each position shall be determined by reference to the qualifications and experience descriptor as provided by clause 5 (Skill Descriptors) of the Local Government Award. At the local level. local councils and consultative committees to assist in the operation of council salary systems and disputes. In developing a salary/performance system it is essential to: identify the parameters of the system. where a significant issue is identified in relation to the operation of the salary system. identify the allowances that are to be incorporated in the system and determine the basis for incorporating them. if so.In-house salary/performance system The Local Government Award requires that a council develop a salary system to complement its skills-based structure and rates of pay. award. Human Resources Policies Page 91 . decide whether or not performance will be recognised and.it may be the system's foundation. Progression rules Progression rules have been established to assist the industry parties to the Local Government Award. council and so on. 1. set the objectives (establish its primary purpose). a building block .

such re-evaluation shall be referred to the consultative committee for consideration and the current position's incumbent shall be advised accordingly. an evaluation has been conducted and has resulted in an apparent anomaly. Position descriptions should not impose artificial barriers that prohibit individual salary progression through the full range of skill steps. a significant change has occurred in the duties and responsibilities of the position. These criteria are detailed in each of the skills steps to facilitate the assessment of skill at the time of the salary review. A council's salary structure should include the number of grades and steps that provide adequate recognition to discernible differences in the skills applied at that council. Progression through the skill steps shall be facilitated through training. Where an existing position has been re-evaluated and where the outcome is a different grade. Where council does not use a proprietary job evaluation system. These additional skills shall be as detailed in the position description for each position. Level and grade The level and grade of the position shall be established through the evaluation of the position using the council's Job Evaluation System. Position descriptions The position description identifies the range of skills. responsibilities. 4. which is confirmed by the relevant (director /supervisor). Positions are to be re-evaluated in the following circumstances: the position is newly created. 3. These steps shall provide reward for employees gaining and applying additional skills to those recognised through the evaluation process. Skill steps Each grade determined through the evaluation process shall have skill steps available above the entry salary. duties and qualifications in order of priority from the essential criteria to desirable. and to avoid disputes regarding the movement through the skill steps.2. Human Resources Policies Page 92 . the position must be placed in the award levels consistent with the skill descriptors as provided by clause 5 of the Local Government Award. The process by which this evaluation occurs should be consistent with the Job Evaluation Policy as adopted by council.

the assessment shall be referred to an appeal panel. New employees should be paid at the skill level rate of pay consistent with the skills they bring to council. an employee required by management to relieve in a position which is at a higher grade in council's salary system. Skills assessment Council should adopt a consistent and objective method for assessing skill. In the event that the employee does not agree with the decision of the appeal panel the matter is to be referred to the appropriate director. shall be paid for all time spent relieving in that position. Salary increases which result from the assessment are to be operative from the date of review. 7. Training: Employees shall be provided with reasonable and equitable access to the training which will facilitate progression. The rate to be paid is to be determined by considering the skills/experience applied by the employee relieving in the position but shall be at least the minimum rate for that position in accordance with the salary system except where the higher level skills have been taken into account within the salary of the relieving employee. Placement at a skill level higher than the entry level shall occur when the new employee meets the required skills for the position. Other matters relating to the implementation of salary systems Higher Grade: Under the Local Government Award. award allowances should be paid in addition to the rates established within the salary ranges. Allowances (Former Award Allowances Only): Except where allowances have been incorporated into rates of pay. In the event of a dispute between the employee and the manager on the outcome of the skills review. Human Resources Policies Page 93 . or steps. The employee may have access to the grievance and disputes procedure at any point of the appeal process.5. 6. Salary review Annual salary reviews require the manager of the position to determine whether the employee has acquired and is using the skills necessary to progress to the next step. An assessment of the skills acquired and used should be undertaken on an annual basis and in those cases where the employee has acquired new skills that would lead to progression under the salary system.

System review: The salary system and the progressional rules shall be reviewed on an annual basis to ensure they continue to support and reward the skill development process within council and the increased effectiveness of council's operations. Present occupants only Present Occupant Only (POO) is a position where an employee's rate of pay prior to transfer to a salary system is in excess of the maximum rate for the grade and range within which that employee's position has been evaluated under a salary system implemented in accordance with the provisions of the Local Government (State) Award 1995. The published document shall contain copies of the current salary structure and the progressional rules. examine all agreeable job redesign alternatives. review the skills or competencies required for the position at each relevant salary point. and the nature of the work (including dirty and obnoxious conditions and hours of work) have been considered. Before an employee is declared a POO. review which skills or competencies the employee is required to apply.Budget issues: In considering the budget each year council should ensure that the skill progression detailed in these rules is properly funded and that employees move through the skill steps based upon assessment against the criteria detailed in the position descriptions. the council shall review the following aspects of the salary system and placement of the employee affected: review the evaluation of the job to ascertain areas of the job that may not have been evaluated. and be operative from the same date as variations in the Local Government Award. Award variations: The grades and salary steps. determine whether salary range. Dispute procedure: Disputes which arise through the operation of council's salary system are to be handled in accordance with Clause 30 (Grievance and dispute procedures) of the Local Government Award. Each individual is to be provided with a copy of their position description. Human Resources Policies Page 94 . as contained within the salary structure of the salary system shall be increased by the same quantum. Publication: Copies of the salary system shall be published by council and made available to all employees.

infrastructure costs (such as payroll preparation. Council may only absorb increases in the following cases: upon placement in a council's salary system . It does not include workers compensation insurance. council may only absorb such increases to the extent of any amount paid over the maximum rate for the grade and range for such position under the salary system. TEC is the total cost to the employer of providing remuneration to an employee. At any stage of the procedure the employee(s) may be represented by the union or its local representatives and the council by the Associations.positions acknowledged and verified as POO in salary systems established prior to 11 November 1995. It includes costs and on-costs that relate to cash components. such as cars (expressed in cash equivalents). employment at an over award rate of pay . employer superannuation contributions and fringe benefits tax. Remuneration packaging For remuneration packaging to be effective the concept of Total Employment Cost (TEC) must be applied. such as salary. income maintenance . In such cases provisions of the contract of employment shall be taken into consideration. No employee is to be deemed to be a POO unless such arrangement is verifiable and has been previously acknowledged by the employee and council in writing. and non-cash components.offer training to the affected employee as a priority.employees who previously held senior staff positions under section 332 of the Local Government Act paid in excess of the maximum grade and salary range for the position under the salary system. Human Resources Policies Page 95 . Councils should refer to the Associations' Executive Staff Kit 1998 for detailed consideration of remuneration packaging contains senior and award staff covered by fixed term performance based contracts of employment. senior staff . record keeping and training and development) or recruitment-related costs. provisions for leave.where council has developed and implemented a salary system and an employee has been subsequently employed at a rate of pay which is in excess of the maximum rate for the grade and range within which the equivalent position has been evaluated under the salary system. involve the employee. payroll tax (where not exempt). and the consultative committee in the review process.employees whose income has been maintained by agreement where the rate of pay is above the maximum grade and salary range for the position under the salary system.

vocational or professional qualifications which are considered equivalent to those required for the position. individual pay variations. authorised salary deductions. such as: relevant experience at the required level. It may be useful to keep them even longer because they may be valuable in resolving disputes. Human Resources Policies Page 96 . council is obliged to recognise any relevant prior experience. Records include timesheets. Recognition of prior experience. These records must be kept for a minimum of 7 years after an employee's departure. training and qualifications In setting employees' starting salaries and deciding what further training they will need. training or qualifications they may have. payroll records. whether they were gained in Australia or overseas. and superannuation (both employer and employee contributions).Remuneration record Remuneration records are regarded as financial records and should be treated accordingly. training equivalent to that which is required for the position or for development within the position. non-cash components of packaged remuneration and its history. justifications and calculations.

Remuneration levels Council is responsible for setting general levels of remuneration and will take into account: award status and provisions. Council should determine annually the extent of funding for performance pay. and reporting such variations to council. A performance-based pay system will be included in the remuneration system. Role of the general manager in remuneration matters Within the general remuneration levels and strategies set by council. legislative requirements. job evaluation outcomes. Remuneration/performance system Council will establish and maintain a salary system that complies with the appropriate provision of the awards. the capacity to be competitive in the labour market. Council's remuneration system will also reflect council's attitude to remuneration and may be varied to respond to labour market changes Council will use a recognised job evaluation system to help determine remuneration relativities and individual employee remuneration.example Applicability This policy applies to all employees. outstanding work performance.Policy statement . industry remuneration trends. the general manager (or another appropriate officer) has particular responsibility for: approving the effective and appropriate use of remuneration packaging. including the minimum progression guidelines issued by the award parties. Human Resources Policies Page 97 . varying levels of remuneration on a 'one-off' basis for particular categories of position in response to market demand.

Human Resources Policies Page 98 .approving performance payments within the limits set by council. vary or revoke this policy. Variation Council reserves the right to review. Remuneration records All relevant remuneration records must be kept for the period an employee is employed for and for a minimum period of 7 years after that.

employer provided child care facilities. employees are able to enter into salary sacrifice agreements with their employers covering motor vehicles supplied by their employer under a lease back arrangement. Generally this has the effect of providing the employee with tax -effective benefits.Salary Sacrifice Reviewed November 2004 Aim This section contains guidelines for salary sacrifice arrangements between Councils and their employees and includes a model salary sacrifice agreement. employer provided child care facilities and additional superannuation. ATO taxation rulings and determinations The Australian Taxation Office has issued relevant rulings/determinations concerning (FBT) on salary sacrificing for lease back motor vehicles. Benefits that can be salary sacrificed Under the award. is to allow a reduction in the gross salary which is equivalent to the cost of the benefit. Salary sacrifice defined Salary sacrifice is an arrangement between employer and employee. Human Resources Policies Page 99 . The effect of such an arrangement. and additional superannuation. Legislation The Fringe Benefits Tax Assessment Act 1986 contains relevant provisions concerning fringe benefits tax (FBT) payable on employee benefits. Employers must ensure that all salary sacrifice arrangements comply with taxation and other relevant laws. where the employee agrees to receive part of gross salary as a benefit rather than as salary. Is s u e s to c o n s id e r Award provisions Salary sacrifice arrangements for Local Government employees are covered by the Local Government (State) Award 2004 clause 11. as it conforms with tax rulings or determinations.

the marginal tax rate. or where the employer does not supply motor vehicles under a lease back arrangement. overtime and exit payments The value of the salary sacrifice benefit is an approved benefit for superannuation purposes and does not reduce an employee’s superable salary. Example . or where the employer does not provide child care facilities on its own premises.Salary sacrifice agreement It is suggested that all salary sacrifice arrangements be formalised in a salary sacrifice agreement signed by employee and employer. Details of the value of the benefit to set out in writing should include gross salary. The financial details should be shown on an annualised basis as well as a pay period basis. Salary sacrifice to be documented The benefits to be salary sacrificed and the value of those benefits must be in writing and signed by employer and employee. the after salary sacrifice amount to be taxed. or where the employee has not obtained independent and relevant financial advice. Human Resources Policies Page 100 . Superannuation. Employees should also obtain appropriate financial advice when proposing to alter a salary sacrifice arrangement. Independent and appropriate financial advice It is essential that the employee obtains independent and appropriate financial advice prior to entering into salary sacrifice arrangements. the amount of FBT and after tax salary. An employee’s pre-tax ordinary rate of pay applying without salary sacrifice considerations will be the rate of pay for overtime and exit payments. the amount of salary sacrifice.Employer consent Employer agreement to a salary sacrifice arrangement cannot unreasonably be withheld. A model agreement is attached. An employer would be justified in withholding consent in circumstances where: the arrangement will result in substantial additional costs to the employer.

This Agreement shall be read and construed in conjunction with the relevant provisions of the Local Government (State) Award 2004.3 1.4 Additional Superannuation (insert financial details) Human Resources Policies Page 101 . Salary Sacrifice.1 1.Salary Sacrifice Agreement This Salary Sacrifice Agreement is made on the (insert date) Between: (insert Council name and address) (“the employer”) And: (insert employee’s name) (“the employee") 1.1 3.0 3. 2. This Agreement shall be read and construed in conjunction with Council’s salary sacrifice policy and procedures applying from time to time. conditions and responsibilities.1 3.g.0 1. conditions and responsibilities under this Agreement and accept those terms.2 1.2 (insert financial details) 3. The parties to this Agreement acknowledge that they have read and understood the terms. leaseback motor vehicle. of the Local Government (State) Award 2004.4 Preamble: This Agreement is made pursuant to clause 11. additional superannuation) Value of Benefits Salary Sacrificed: The weekly/ fortnightly value of the benefits salary sacrificed under this Agreement are: Leaseback Motor Vehicle. Benefits to Be Salary Sacrificed: The benefits salary sacrificed under this Agreement are (insert benefits e.3 Child Care (insert financial details) 3. child care.0 2.

that they have obtained appropriate and independent financial advice concerning the salary sacrificing arrangements to apply under this Agreement.0 8. (or such other period agreed between the parties) This Agreement will be terminated immediately the day the employee ceases employment with council.0 of this Agreement will take effect from the beginning of the first pay period to commence on or after (insert date).0 7. once per year.1 5. The employee agrees to obtain further appropriate and independent financial advice relative to any request by the employee to change the benefits or the value of benefits under clauses 3.2 . Review of the Salary Sacrificing Arrangement: Except as otherwise agreed.0 6.1 Financial Advice The employee entering into this Agreement confirms by their execution of this Agreement.0 5. 5. 8. Human Resources Policies Page 102 8.1 Commencement of Salary Sacrifice Arrangement: The salary sacrifice arrangements as detailed in clause 3.2 6.0 4.4. The employer will not unreasonably refuse such a request.2 7.0 of this Agreement. notice in writing.0 and 7. Suspension of Salary Sacrifice Arrangement: The salary sacrifice arrangements under this Agreement may be suspended by either party at short notice in circumstances such as absence on periods of unpaid leave or periods of workers compensation. request in writing to change the benefits or the value of benefits to be salary sacrificed.1 Note Councils wishing to allow more than one yearly alteration. the employee may. should amend this provision accordingly. The suspension of the arrangement shall cease and this agreement shall resume and continue upon the conclusion of the employee’s absence unless the Agreement has been terminated.1 6. Termination of Salary Sacrifice Agreement: This Agreement may be terminated by either party giving the other at least twentyeight day’s.

13.0 Release and Indemnity: 13.9. 10. 10. 11. 11.0 Reconciliation of Salary Sacrifice Value and Costs: 10.1 The terms of this Agreement remain confidential between the employer and employee.1 The employee releases and hereby indemnifies and undertakes to keep indemnified the employer from and against the following. the dispute will be processed according to the Grievance and Dispute Procedures set in clause 30 of the Local Government (State) Award 2004. 12.2 The employee acknowledges that the employer is not liable for taxation or other liabilities. the employer shall make a consequential adjustment and pay to the employee the relevant amount within a period of (insert number of days). 10.0 9. All actions. the cost of that FBT will be borne by the employee.1 Administration of Salary Sacrificing Arrangements: Council will administer the salary sacrifice arrangements set in this Agreement at no administration cost to the employee. claims.1 In the event that a dispute between the parties arises from the interpretation or application of this Agreement. demands and proceedings whatsoever which the employee or any other person has or may have against the employer arising out of or in respect of or in any way connected with any advice received by the employee from the employer in connection with this Human Resources Policies Page 103 . the cost of that FBT will be borne by the employee and the employer shall deduct the amount of that FBT from any money owing to the employee on termination of employment.1 Should additional or unexpected FBT liability be incurred or owed at the end of a financial year during the currency of this Agreement. judgments. penalties or outcomes suffered or incurred by the employee resulting from entering into this Agreement.3 Should FBT incurred be less than expected in respect of a financial year during the currency of this Agreement.2 Should additional or unexpected FBT be incurred or owing in respect of an incomplete financial year in the case of termination of this Agreement. and the employee will pay that additional amount of FBT to the employer within a period of (insert number of days).0 Confidentiality and Acknowledgements: 11.0 Disputes: 12.

“Salary Sacrifice” means the sacrifice by the employee of an amount of their pre-tax ordinary pay as prescribed by the Local Government (State) Award 2004. damages and expenses which the employer may incur in defending or settling such actions. claims. demands And proceedings. Signed……………………………….0 Variations to be in Writing: 14. 15. Signed………………………………. Date………………………………… Human Resources Policies Page 104 .. Date………………………………… For the Employer: Name……………………………….0 Definitions: “Employer” means (insert name of Council) “Employee” means the employee who has signed this Agreement.1 All variations to this Agreement shall be in writing and shall be appended to this Agreement. 14.. Signatures: Employee: Name………………………………. “FBT” means Fringe Benefits Tax leviable under the Fringe Benefits Tax Assessment Act 1986 as amended from time to time. and all costs.Agreement.

in doing their jobs.Paid work outside council Reviewed November 2004 Aim This section contains guidelines for monitoring paid work performed by council employees outside council employment. Is s u e s to c o n s id e r Legislation Section 353 (1) of the Local Government Act requires that the general manager not engage in any outside remunerated employment or private contract work without council's approval. The general manager may delegate this authority. Personal interests are not defined. the general manager may prohibit an employee from continuing the paid outside work. Conflict of interest The ICAC discussion paper on 'Conflict of Interest and Local Government' states: "a conflict of interest arises when council members and employees. Section 353 (2) and (3) of the Act authorises the general manager to prohibit council employees from engaging in paid work outside council employment where there is. conflict of interest falls into two broad categories: Human Resources Policies Page 105 . a conflict of interest. Definitions Paid outside work Paid outside work is defined as remunerated activity undertaken by a council employee outside the service of council. or might be. but it would be reasonable to assume that they are not associated with council or work with council. If council considers it to be a conflict of interest. The Act states that responsibility for identifying conflict of interest rests with the employee. With respect to paid outside work. It includes "second" jobs or "private" businesses. are influenced or seen to be influenced by their personal interests". This means that it is possible for employees to engage in paid outside work which they do not consider to be a conflict of interest.

Human Resources Policies Page 106 .that is. where the purpose or actual activity of the paid outside work: ◊ ◊ ◊ is deemed to compromise council's decision-making processes and/or business activities. or access to. would benefit from the employee's knowledge of. where the paid outside work hinders or has potential to hinder the performance of functions. duties and responsibilities attached to the employee's position with council. relates to business activities of council.real or potential interference with actual hours or duties . council records and documentation.

co-workers or members of the public. An employee who engages or continues to engage in paid outside work after being prohibited from doing so by the general manager may be subject to disciplinary action. Variation Council reserves the right to review. in the general manager's opinion. Statutory responsibility of the general manager The general manager may prohibit an employee from engaging in paid outside work where it presents a conflict with their council duties. safety and efficiency of the employee. the health. Factors to be considered by the general manager The general manager may prohibit employees from engaging in paid outside work if their hours of work. Responsibility of employees Employees must not engage in paid outside work which relates to the business of council or which might conflict with their council duties unless they have notified the general manager in writing and the general manager has given approval.example Applicability This policy applies to all employees. The general manager may make the termination of paid outside work a condition of commencement or continuation of employment with council.Policy statement . The general manager may also prohibit employees from engaging in paid outside work if that work directly or indirectly conflicts or potentially conflicts with the business of council or with the employee's function. An existing or prospective employee who is already participating in paid outside work which may present a conflict of interest is required to notify the general manager in writing. Human Resources Policies Page 107 . duties or responsibilities at council. vary or revoke this policy. work arrangements or nature of duties jeopardise.

Teleworking (work from home) Reviewed November 2004 Aim To provide guidelines for the performance of work at home Is s u e s to c o n s id e r Legislation The NSW Occupational Health and Safety Act NSW 2000 and the Workplace Injury Management and Workers Compensation Act 1998 are both relevant. union representative and WorkCover Inspectors to set up. These requirements include but are not confined to issues such as employee's consent to access to the home worksite by council's representative. review and otherwise monitor the worksite for compliance with safety standards and accident investigation. Privacy guidelines These guidelines are separate and distinct from the provisions of the Privacy and Personal Information Protection Act 1998 which places requirements on an employer concerning the retention. Any policy on video surveillance should include a specific reference to teleworking Human Resources Policies Page 108 . storage and release of records and documents. Video surveillance If council wishes to install video or other recording devices for monitoring operational activities and safety concerns within the worksite. Under the guidelines it is possible that processes and equipment set up in the home worksite could be construed as an invasion of privacy. their unions and council’s consultative and Occupational Health And Safety committees. council should consult with the employee or employees concerned. Any equipment or furnishings that are supplied by council should meet the standards required by occupational health and safety. Council may need to agree to provide the necessary equipment such as a first aid kit and public liability insurance for third parties. This also includes such things as illumination and ventilation. an OHS committee member. Council needs to ensure that the designated worksite within the employee's home meets the requirements for occupational health and safety.

Council should consider anti-discrimination legislation and its own operating requirements when designating teleworking conditions and transferring employees from and to teleworking arrangements. For instance a teleworker's pattern of work may be to undertake duties at later hours than would be the case under normal working conditions. Council should identify those positions where teleworking arrangements are appropriate. Council should retain the right to determine what work and which positions may be eligible for teleworking conditions. training and other opportunities available to employees who are not teleworking. The work flow patterns may also be different and both council and such employees need to acknowledge and make adjustments to benchmarks and expectations in this regard. Human Resources Policies Page 109 . The nature and extent of performance monitoring and assessment may have to be modified and accepted by both council and the teleworking employee. the employee and any equipment back to a council worksite. Council may consider entering into a council or enterprise agreement to reflect teleworking conditions of employment. use of skills and training and development that may be appropriate to be applied to employees who are teleworking. ranging from furniture. meal allowances. Who should telework Teleworking options should be introduced with a trial/monitoring period. There needs to be consideration of the span and flexibility of hours in order to minimise the payment of overtime. overtime. Council should also retain the right to determine under what conditions a telework exercise may be terminated and on what notice telework should cease. travel allowance. The provision of the appropriate equipment and tools. telecommunication facilities and computer hardware and software (and processes for updating) need to be analysed and clarified between the parties. Council needs to be aware of its obligation to include the teleworking employee in organisational activities and to provide the same promotional.Award The Local Government Award provides flexibilities in conditions of employment such as hours of work. In such an event council needs to have an agreed procedure in place that transfers the work.

Positions such as service and client contact work involved in computer. Council’s policy on electronic communications. Positions which may be unsuitable for teleworking may include those which require a high degree of supervision. finance. Human Resources Policies Page 110 . and personal services could be considered appropriate positions for teleworking. Definitions Teleworking Teleworking is where employees are physically situated at an alternative workplace. positions that have a responsibility for training and supervision and positions that require direct contact at council sites. specifically e-mail and internet use during work time should include specific reference to teleworking. such as a home office and continue to carry out their duties.

The duration of the trial period shall be by agreement between the teleworker(s) and council. Trial and monitoring Any telework shall be subject to a trial period. use. Where any form of surveillance equipment or techniques are used. At the conclusion of the trial period either council or the teleworker(s) shall have the right to terminate the telework arrangement. Council should supply necessary equipment including furnishings. Termination notice in excess of one calendar month shall be at the sole discretion of the general manager. commencement date and finish date if applicable. The termination period shall be a minimum of 1 calendar month. All telework shall be subject to monitoring by council consistent with the principles of the Privacy Committee Guidelines. manner of monitoring. The termination notice shall be 1 calendar month given by either the teleworker or council. performance assessment. Casual employees are not eligible for teleworking. No eligible employee shall be directed or required to telework. Human Resources Policies Page 111 . the employee shall be informed of its purpose. Commencement and termination of teleworking Council has the right to determine the commencement of any period of telework and the termination of any period of telework. payment of wages and expenses) should be in writing. Conditions of employment during teleworking Teleworking conditions (including but not confined to hours of work. Security Teleworking employees shall ensure that council's equipment and resources under their care and control are adequately secured at all times. Monitoring shall be used for the purpose of measuring and analysing work flows and the like. consistent with its policies and legislative responsibilities. telecommunication facilities and computer equipment to facilitate teleworking.Policy statement .example Applicability This policy shall apply to those positions determined by the general manager as being suitable for working at home.

award and legislative conditions as they exist from time to time. vary or revoke this policy. Human Resources Policies Page 112 . The designated worksite at the employee's home shall be subject to visitation and inspection by council officers and any officer under the appropriate Act that allows that person to inspect a designated worksite.The employee is subject to council's policies. Variation Council reserves the right to review.

Human Resources Policies Page 113 . Regular review of such data will also enable council to determine the range and priorities of language services that Council may decide to resource and provide. using the Translating and Interpreting Service (TIS). designating bilingual or multicultural positions especially in direct client service areas and utilising language skills of existing employees. Section 428 of the Local Government Act 1993 provides that council's annual report must identify performance targets and a management plan identifying "details of programs undertaken by the council during that year to promote services and access to services for people with diverse cultural and linguistic backgrounds. providing translated materials and information through community media. following the introduction of the Local Government (General) Amendment (Community and Social Plans) Regulation 1998. . Research and Monitoring Data on the cultural and language background of residents and other potential clients should already be collected by council in response to obligations imposed by the Local Government (General) Amendment (Community and Social Plans) Regulation 1998. Example of language services include using external interpreters." Local councils are also required to incorporate access and equity activities in their management plans and to monitor and report on their implementation in their reports. Payment for the use of Language Skills Where employees are required to use language skills as an integral part of their positions.Community Language and Signing Work Reviewed November 2004 Aim This section contains guidelines for community language and signing work Is s u e s to c o n s id e r Legislation and awards Clause 13 (xi) (a) of the Local Government Award provides for the payment of employees undertaking community language and signing work as an adjunct to normal duties. then such skill should be evaluated and paid for through council’s skills based salary system. Analysis of such data will assist in the identification of services where Council may anticipate that skills in languages other than English may be useful or required.

In response to the award conditions. which provides that employees are entitled to be paid the allowance when undertaking community language and signing work. As a minimum. that any policy promoting Council's provisions of language services is complemented by procedures and records that: assist Council in meeting its obligations to pay for community language and signing work under the award may be used to manage the provision of language services in a manner preferred by Council. Council may wish to consider an overview of its methods of providing services such as customer contact and advice and together with the role of language aides. to identify and implement those arrangements that best suit Council. Need to have a Policy Clause 13 (xi) (a) requires that employees record their use of a community language according to council established policy. It should be noted that subclause 13 (xi) (c) (1) of the award. Human Resources Policies Page 114 .Employees who use language skill as an adjunct to their normal duties are entitled to be paid an allowance when they use the language skill whether on a regular or irregular basis. identifying languages in which assistance will be available and the staff nominated to be available to provide such assistance etc. Generally speaking. it would be useful for Council to identify the staff and languages used and the frequency of use. Training and Accreditation Where Council requires employees to use community language and signing skills as an adjunct to their normal duties. It is important then. This provision enables council to monitor the provision of language service by staff undertaking community language work as an adjunct to normal duties and identify an employees’ entitlement to be paid the language aide allowance. in accordance with the requirements of Clause 25 of the award. Council must provide the employees with the opportunity to obtain accreditation from a language aide accreditation agency and such training must be reflected in council's training plan and budget. is not limited to such work being a requirement of Council. a policy would not include operational provisions such as logs recording use.

The employee identifies the resident’s area of inquiry and provides basic assistance. Human Resources Policies Page 115 . Such employees convey straightforward information relating to council services.Definitions Community Language or signing Work Community language or signing work involves an employee acting as a first point of contact for non-English speaking residents or residents with hearing difficulty. which may include face-to-face discussion and/or telephone inquiry. to the best of their ability. They do not replace or substitute for the role of a professional interpreter or translator.

The Language Aide identifies the resident’s area of inquiry and provides basic assistance. which may include face-to-face discussion and/or telephone inquiry. Staff nominated on council’s Language Aide list shall be prepared to be identified as possessing community language or signing skills and shall be available to use these skills when residents are referred to them according to council's procedures. The role of council's language aides Council’s Language Aides act as a first point of contact for non-English speaking residents or residents with hearing difficulty. Language Aides convey straightforward information relating to council services. Council’s Language Aides do not replace or substitute for the role of a professional interpreter or translator Accreditation and identification of language aides Council's Language Aides shall be accredited by a recognised accreditation agency. Council’s training plan shall make provision for the accreditation of staff required to use community language and signing skills. to the best of their ability. This list shall be varied from to time to time to reflect changing demands on and provision of Council’s language services. Council’s language aide list Council shall establish list identifying council’s language aides and the languages to be catered for by council’s Language Aides. staff profile and other relevant factors. Use of language aides Residents requiring assistance in a community language or signing services shall be directed to Language Aides nominated on council’s list only.Policy Statement – Example Applicability This policy applies to accredited Language Aides who use community language and signing skills as an adjunct to their normal duties. Human Resources Policies Page 116 .

Monitoring the use of community language and signing Skills Council shall review the frequency and level of demand for and use of community language and signing skills.Provision of other language services Language Aides will refer the resident to the TIS or a council / on site interpreter or other language services provided by council where the inquiry: relates to other than council services/matters is not of a basic or straightforward nature relates to a community language or signing service that is not identified on council’s Language Aide list relates to an employee nominated on council’s language aide list who is unavailable Recording the use of language skills Language Aides shall record the use of community language and signing skills as per Council’s Log. vary or revoke this policy. Variation Council reserves the right to review. Human Resources Policies Page 117 .

Human Resources Policies Page 118 . In July 2000. First aid allowances provided by awards. were incorporated in employees' transfer rates of pay. number and location of the first aid facilities and the number of trained first aid personnel that are required. the employee shall be paid an allowance in addition to the weekly rate. which existed prior to 1992." The Regulation requires that council take into account the location of the place of work.trained first aid personnel. councils continued to pay employees for the use of first aid skills in the form of an allowance. Councils are obliged to maintain first aid kits pursuant to Clause 21 of the OHS Regulation 2001 which states.First aid Work Reviewed November 2004 Aim To provide councils with a sample policy and guidelines for employees who are required to be in charge of the first aid kit and/or to administer first aid as an adjunct to their normal duties. These allowances were not included in the Local Government (State) Award when it was made by consent in 1992. In some cases. the number of employees at ta particular location and the type of work being undertaken when determining the nature. and if more than 25 persons are employed at a place of work . Clause 13 (xi) (b) of the Local Government Award was varied following a decision by the Industrial Relations Commission of NSW. where such an adjunct skill is not paid for in accordance with the salary system established by the council. to provide that an employee required by council to be in charge of a first aid kit and/or to administer first aid as an adjunct to normal duties. Is s u e s to c o n s id e r Legislation and awards Predecessors to the Local Government (State) Award contained first aid allowances. in part: "An employer must provide at each place of work: first aid facilities that are adequate for the immediate treatment of injuries and illnesses that may arise at the place of work.

surf and swimming pool functions. Where the first aid allowances provided by the pre existing awards were incorporated into the employee’s transfer rate of pay. In cases where first aid skills are already identified in the evaluation of positions and salary systems' progressional steps the new allowance will not apply." Council is required to ensure that the first aid kit at any place of work at which more than 25 persons are employed in under the control of trained first aid personnel however "trained first aid personnel" may be required to be in charge of more than one first aid kit. Positions that require first aid qualifications. Payment for the use of First Aid Skills The first aid allowance should be paid where councils appoint employees in accordance with the above requirements. the allowance should be included in the employee's ordinary rate of pay for leave purposes the allowance may be paid on a pro rata basis to employees engaged under the provisions of Clause 21 Part Time Employment of the award it would ordinarily be inappropriate for councils to nominate employees engaged on a casual basis to meet obligations imposed by the regulations earlier referred to. or A registered nurse. or a person who holds a current occupational first aid certificate issued after successful completion of a WorkCover approved occupational first aid course. "Trained first aid personnel" are defined within the Clause as: (a) (b) (c) (d) (e) "a person who holds a current first aid certificate issued after successful completion of a WorkCover approved first aid course. will not be entitled to be paid the allowance.The Regulation further prescribes the type and contents of first aid kits for the place of work. the payment for performing first aid work is ensured and ongoing and therefore the new allowance does not apply. or A level 3 or greater New South Wales ambulance officer. Human Resources Policies Page 119 . The allowance should be paid where the employee: is not already being paid for the use of such skills in the salary system. for example in childcare and beach. Councils should consider the following when introducing the new allowance for first aid work: if the allowance is received on a regular basis. is required to use such skills as an adjunct to normal duties. or A medical practitioner.

then Clause 13 (xi) (d) Savings will apply. review their arrangements to ensure compliance with the OHS Regulation 2001.An example for small to medium business WorkCover Guide 2001 . Councils should also consider including recognition for first aid work as an adjunct to normal duties in its salary system at some future date. In cases where councils continue to require the employee to carry out first aid work in accordance with Clause 13 (xi) (b) of the award and the allowance already paid is greater than the amount prescribed by the new provision. Where councils no longer require an employee to carry out first aid work in accordance with Clause 13 (xi) (b) of the award. Additional information WorkCover Fact Sheet 2001 . they should give the employee appropriate notice that the allowance will be discontinued or maintained at the current level. Where councils continue to require the employee to carry out first aid work in accordance with the Clause 13 (xi) (b) of the award and the allowance already paid is less than the amount prescribed by the new provision.First Aid in the Workplace OHS Policy and Procedures Manual Human Resources Policies Page 120 .First Aid in the Workplace . then such allowance should be increased to comply with the new provision.Review existing practices and payments Councils should from time to time. Training and Accreditation Accreditation is usually issued by the Australian Red Cross Society or the St John Ambulance Association following successful completion of a course.

bandages and dressings treatment for minor burns. These employees' duties shall include the: application of cardio pulmonary resuscitation treatment of shock application of splints. Human Resources Policies Page 121 . Accreditation of first aid staff Staff required by council to be in charge of a first aid kit located at a place of work where 25 or more employees work must hold a valid first aid certificate. and bruising management of first aids supplies and facilities keeping of records in relation to first aid treatment rendered. Council obligations Council will comply with all relevant legislation in relation to first aid requirements and first aid staff and review compliance as and when required. Employees shall record the use of first aid skills in accordance with the Log kept by council for such purpose. Staff required by council to administer first aid must hold a valid first aid certificate. Recording the use of first aid skills Council shall keep a log for recording the use of first aid skills as an adjunct to normal duties.Policy Statement – Example Applicability This policy applies to employees who are required to be in charge of a first aid kit and/or to administer first aid as an adjunct to normal duties as part of council’s compliance with the Occupational Health and Safety Regulation 2001. cuts. Employee’s first aid duties The main function of staff required to administer first aid is to provide immediate assistance in emergency situations and limited treatment for minor injuries.

vary or revoke this policy.Payment for the use of first aid skills Employees required to be in charge of a first aid kit and/or to administer first aid as an adjunct to normal duties shall have those skills recognised in council’s salary system or be paid the allowance prescribed by the award. Variation Council reserves the right to review. Human Resources Policies Page 122 .

CHAPTER 4: EMPLOYEE RELATIONS AND CONDUCT Human Resources Policies Page 123 .

minimise grievances by taking preventative or corrective action. Such approval shall not be unreasonably withheld. An internal union delegate shall have reasonable time. to discuss a grievance or dispute with management at the local level. Corrective and remedial action If a grievance is found to have substance. A union representative may be invited to play a facilitating role to assist in the resolution of the grievance. where prior approval is sought.Dispute and grievance resolution Reviewed November 2004 Aim The aims of this policy are to: provide a mechanism by which aggrieved staff may receive prompt. without loss of pay. This will minimise the possibility of disruption. vexatious or contrived. If a grievance is found to be frivolous. help resolve employment problems within the organisation in a spirit of fairness and co-operation. Human Resources Policies Page 124 . Is s u e s to c o n s id e r Union involvement The mechanism for grievance resolution should enable union involvement at the request of the aggrieved employee(s). Immediate action Grievances should always be addressed as quickly as possible. fair and consistent consideration of complaints. council has an obligation to take action to eliminate or minimise the possibility of its recurrence. the employee(s) involved may be subject to disciplinary action.

External mediators If "in-house" attempts to resolve a grievance are not working. Definition Dispute or grievance A dispute or grievance is deemed to exist when an employee alleges that they have been treated unfairly by the council or by another employee on workplace or work-related issues. external mediators with recognised expertise may be called upon to assist in resolving grievances. The Local Government Award contains such procedures. Human Resources Policies Page 125 . these should be reflected in any grievance resolution policy council develops. This definition includes a potential dispute or grievance.Legislation and awards The Industrial Relations Act requires that all awards and agreements contain disputesettling and grievance-resolution procedures.

Remedial or corrective action If a dispute or grievance is found to have substance. work practices existing prior to the dispute or grievance shall as far as practicable. fair and consistent matter.Policy statement . Grievance resolution mechanism Council will establish a procedure to address the resolution of grievances in a prompt. This should in no way influence or prejudice the outcome. Responsibilities and obligations in the resolution process Parties have a responsibility to resolve the grievance by conciliation. proceed as normal. Human Resources Policies Page 126 . Continuation of normal work If an alleged dispute or grievance is in the process of being resolved. council should undertake remedial or corrective action without delay so that the dispute or grievance does not recur. Variation Council reserves the right to review. vary or revoke this policy.example Applicability This policy applies to any employment-related grievances for which there are no alternative resolution procedures.

perception and opinion. The supervisor must convene a meeting to discuss the dispute or grievance without delay. clarify the differences between reality. resolution of the matter must proceed directly to Stage 2.Taking the matter to the head of department or authorised officer Stage 2 provides a more formal avenue of redress. The head of department should hear the dispute or grievance as soon as possible. Similarly the council may be represented by the Local Government and Shires Associations (LGSA). Human Resources Policies Page 127 .Taking the matter to the immediate supervisor Stage 1 is designed to encourage the employee to attempt to resolve the matter through discussion with the supervisor or other authorised officers at the workplace level. The employee(s) should indicate whether or not a union representative will be involved. The employee must describe the alleged dispute or grievance clearly and concisely and the remedy sought in writing. Lack of resolution at one stage becomes the trigger for referral to the next stage. as far as possible. Stage 2 . The supervisor must convene a meeting with the employee(s) within 2 working days to discuss the dispute or grievance. If the immediate supervisor cannot resolve the dispute or grievance. it may be referred to the head of department or other authorised officer who should try to resolve the matter. If the immediate supervisor is a party to the dispute or grievance. council and its employee(s) have an obligation to: establish or verify the facts. either by an official of the union or its local representative.Procedure Responsibilities and obligations in the resolution process In carrying out their responsibilities to resolve the dispute or grievance. initiate or recommend actions to prevent the dispute or grievance recurring. Four stages of grievance resolution Resolving a dispute or grievance may involve up to 4 stages. The aggrieved employee(s) must notify the supervisor of the dispute or grievance in writing. At any stage of the process the employee(s) may be represented by the relevant union. maintain confidentiality. Stage 1 .

the general manager should consider the matter in the light of previous attempts at resolution as well as through their own investigations. Human Resources Policies Page 128 . recommend to council any courses of action within its powers which it may take to resolve the matter or to minimise or eliminate the prospect of its recurrence. at any stage of the procedure. the general manager must provide a written response as to why remedial or corrective action has not been proposed or. If the dispute or grievance remains unresolved. refer the dispute or grievance to an external. the general manager (or another appropriate officer) must: advise the aggrieved employee(s) of alternative. or if it seems likely that further. If the dispute or grievance cannot be resolved by the head of department. similar disputes or grievances will occur. Other avenues of redress Parties may exercise the right. Failure to resolve a grievance If a dispute or grievance cannot be resolved.Consideration of the matter by the general manager In Stage 3 the unresolved dispute or grievance goes beyond the immediate work environment and is considered by the general manager or another appropriate officer. Stage 3 . independent mediator. why it has not been implemented. to seek the assistance of the appropriate industrial tribunal. Early external mediation As an alternative to Stages 2 and 3.If the grievance is not resolved it progresses to Stage 3. if the employee(s) agrees. the general manager may. if such action has been proposed. it will be referred to the relevant union(s) and the LGSA.Referring the grievance to external mediators If the dispute or grievance cannot be resolved by the general manager. external avenues of redress. Stage 4 .

inefficiency. unacceptable behaviour. non-compliance with safety standards and requirements. Is s u e s to c o n s id e r Awards The Local Government Award sets out a disciplinary process. Clause 31 of the Local Government Award sets out in 4 parts the rights and obligations of employees and council. Human Resources Policies Page 129 . the employee may apply to the Commission for the claim to be dealt with under this Part. unjust or unreasonable. bringing the organisation into disrepute and corruption . union membership or participation in union activities outside working hours or with the employer's consent during working hours. non-membership of a union or an association which has applied for registration. For other situations .such as misconduct. punctuality and so on. A similar disciplinary procedure is in Clause 33 of the Local Government (Electricians) State Award. unreasonable or unjust. procedures to be followed and the penalties that may be imposed. Implicitly.Disciplinary action Reviewed November 2004 Aim The aim of this policy is to establish an equitable and consistent procedure for addressing unsatisfactory work performance and behaviour.responsibility may reside with the general manager or another senior manager. poor attendance. an employee's immediate supervisor is responsible for initiating disciplinary action when the employee's workplace performance is unsatisfactory due to neglect." Prohibited grounds for termination The following grounds for termination are prohibited by virtue of the NSW Industrial Relations Act and the NSW Anti-Discrimination Act: grounds which are harsh. Legislation The NSW Industrial Relations Act states in section 84 that: "If an employer dismisses an employee and the employee claims that the dismissal is harsh.

The employer must give the employee the opportunity. the employee should be given the opportunity to respond to allegations unless the circumstances are such that the employer could not reasonably be expected to provide this opportunity (as may be the case in gross misconduct. or recourse to competent administrative authorities. marital status. absence from work due to the taking of parental leave. religion. intentional neglect etc). the following steps should be taken: The employer should conduct a reasonable investigation to determine what the employee is alleged to have done or failed to do. following proper investigation of the facts and the circumstances. Regulation 5B(1) exempts: employees engaged for a specific period if the period is less than 6 months. to respond to the allegation(s). physical or mental disability. The employer needs to ensure that dismissal (or whatever penalty has been decided) is not unlawful. age. The employer is obliged to put the allegation(s) to the employee.seeking office as. There are exceptions to the unfair dismissal provisions of the Act which are contained in the Regulations. family responsibilities. Procedural fairness It is fundamental to any disciplinary process that an employee should be given the benefit of "procedural fairness". sexual preference. race. against an employer for alleged violation of laws or regulations. To ensure procedural fairness. colour. sex. a representative of employees. pregnancy. The employer must take into account matters not directly connected with the alleged offence(s) which might mitigate the penalty. or participation in proceedings. political opinion. the filing of a complaint. If found guilty of the allegation(s). national extraction or social origin. Human Resources Policies Page 130 . or acting or having acted in the capacity of. This means that. the employee must be given the opportunity to respond to the decision on the proposed penalty. and sufficient notice.

Performance appraisal Performance appraisal schemes. In all cases. formal disciplinary action should arise only from a documented history of poor or inadequate work performance or from serious but previously undetected negligence. disciplinary procedures follow an internal investigation of the allegation. have occurred. In general. The Local Government Award provides for suspension with or without pay during the investigative process and provides for suspension without pay. Human Resources Policies Page 131 .employees engaged for a specific task. The general manager may delegate to other management staff responsibility for undertaking disciplinary action. may provide a supplement to disciplinary action in cases of unsatisfactory work performance or negligence. with their mechanisms for remedial action and monitoring.e. employees on a probation or qualifying period if the period is less than 3 months or. summary dismissal). and this should be followed. However. is reasonable having regard to the employment nature and circumstances. casual employees except those engaged on a regular and systematic basis for at least 6 months and who could reasonably expect continuing casual employment. beyond the scope of normal supervision. Role of management Section 335 of the Local Government Act assigns responsibility for the day-to-day direction of staff to the general manager. Formal process should be invoked only when repeated or serious breaches of discipline. In such cases. the manager or supervisor of each section or department should maintain discipline at the workplace level. If the council decides to dismiss summarily then the onus of proof in any unfair dismissal application is on the council. The dismissal can be either with the relevant period of notice as provided by the Award or by payment of notice (i. demotion to another (lower paid) position or dismissal as a penalty. if more than 3 months. nothing in this policy or in the award precludes the use of dismissal for cases of misconduct or negligence and/or other circumstances that merit instant dismissal. An incremental process The award prescribes an incremental process of disciplinary action.

There is no requirement for the union to be present during the investigation stage.Concurrent external investigation Care should be exercised in cases which involve police or other external investigation Note. Role of the union The award provides that a union representative may be present during disciplinary procedures if this is requested by the employee. There should be a clear delineation between the investigation and disciplinary stage. however. that council still has an obligation to pursue its own investigation. Human Resources Policies Page 132 .

the reasons for the suspension are found to be inappropriate. General responsibility for maintaining discipline Maintaining day-to-day discipline is the responsibility of line management. may be directed not to attend work. if. the employee must be given sufficient time to respond. except where the progress of the investigation is delayed due to the unavailability of the employee and/or their representative in which case the period of suspension without pay may be extended for a further period of up to 7 days or such greater period by agreement. Notwithstanding the procedures contained below. a council shall be entitled to suspend an employee with or without pay during the investigation process provided that: * suspension without pay during the investigation shall be for a period of not more than two weeks. If disciplinary action is deemed necessary: the immediate supervisor or manager should refer the matter to the next level of management for detailed discussion. the suspension shall not affect the employee's continuity of service for the purposes of accruing leave entitlements.Policy statement . after investigation. by agreement an employee may be transferred to another position or place of work. Human Resources Policies Page 133 . Removal from duty in serious cases In serious cases of breach of discipline the employee. the allegations must be specific. the employee shall not suffer any loss of pay for the period under suspension. the provisions contained in the award must be followed and should be explained to the employee at the time action commences. at the general manager's discretion.example Applicability This policy applies to all employees except the general manager. council shall not unreasonably refuse an application for paid leave under this provision.

a change of duties.Investigation process If an investigation is required to establish the truth of the allegations. The employee must be advised of the nature of the allegations but not necessarily the identity of the people making the allegations. the withholding of advancement (depending on the provisions of the salary system). together with any supporting documentation or statements.if circumstances warrant. denial or removal of personal privileges or benefits. the general manager may impose one or more of the following: a warning. the general manager (or another appropriate officer) will require the relevant workplace manager or supervisor to provide full details of the allegations in writing. and speedily conclude its own investigation and not rely on those of other organisations. Human Resources Policies Page 134 .such as ICAC. Council must conduct. vary or revoke this policy. have the investigation carried out by an external person. The general manager may. Council may need to respond to such external initiatives by conducting its own inquiry. General Manager’s actions The general manager may take whatever action is deemed appropriate after considering the allegations. Penalties If the general manager reaches the conclusion that the alleged offender is guilty of a breach of discipline which warrants a penalty. termination or suspension without pay for a period. The employee and the employee's manager must be notified of what action is to be taken. The employee has the right of reply and may challenge the allegations and may present substantiating documentation to support this challenge. the Ombudsman and the police . closer supervision. lateral transfer. Investigations may also be undertaken or initiated by other organisations . if circumstances warrant. Variation Council reserves the right to review. The general manager (or another appropriate officer) must interview key persons as part of the investigation and may seek statements in writing. demotion. the evidence provided and the responses of the employee.

Computerised records Personal and work-related information held on magnetic media is particularly vulnerable to abuse. security and storage. establish a current employee's right of access to their personal file. State Records Act The State Records Act 1998 contains provisions for the keeping of records which apply to Local Government. Councils will find it a very useful guide to archival storage and access in general. restrict access to personal and employment-related information.Personal files Reviewed November 2004 Aim The aims of this policy are to: improve the system of storing and retrieving employment-related information by authorised council officers. Is s u e s to c o n s id e r Access. Content Care should be taken to ensure that personal files do not become repositories for information that is not work-related. security and storage The confidentiality of personal information can be a delicate issue. We therefore recommend that councils establish clear rules for access. Access to computerised information of a personal nature should therefore be restricted. Reasonable expectation of privacy Access to files must not compromise an individual's right to privacy. Human Resources Policies Page 135 .

Council should ensure that material on the employee's file is work related and is accurate. It is likely that employment records are not intended to be covered by the provisions of the Act. Some personal information e. written reports from referees. The Act provides for information protection principles relating to collection. Information about an individual's suitability for employment is not included as personal information. summaries of telephone conversations with referees. and documentation on disciplinary procedures (including sexual harassment proceedings). If a third party wishes to access the employee's file or parts of it. child protection details. addresses. telephone numbers. in part. and Any other prescribed records relating to conditions of employment set by the industrial relations legislation or industrial instruments. Industrial Relations Act The Industrial Relations Act at Section 129 requires an employer to ensure that the following daily records are kept in relation to employees: Records of remuneration paid and hours worked by the employees. retention. Human Resources Policies Page 136 . relating to a suspected breach of the award or Act. would not be stored on the employee's ordinary personal file. council should obtain the permission of the employee before releasing the information. including remuneration of employees. security. access and disclosure of personal information. to provide for the protection of personal information and for the privacy of individuals generally. The council officer who deals with freedom of information requests should be well acquainted with these exceptions to the legislation. The Industrial Relations Act provides that an authorised industrial officer may inspect employee records. performance appraisals and reviews.Freedom of information legislation Information of a personal and sensitive nature is exempt from the freedom of information legislation. This kind of information includes: personal details.g. Privacy and Personal Information Protection Act 1998 The aim of this Act is.

out-of-date. Make application to delete or amend any disciplinary or other record mentioned on their personal file which the employees believe is incorrect. note and/or respond to any information placed on their personal file which may be regarded as adverse. sign.Award Provisions Under provisions of the Local Government Award an employee is entitled to: Sight. incomplete or misleading. Human Resources Policies Page 137 .

emergency contact person. performance appraisals and salary reviews. Conditions of employee access Access by a current employee to their personal file is subject to the following: a file will normally be available within 24 hours. evidence of date of birth. or trade qualifications and certificates. current employment classification and history. the employee may make hand-written notes of the file's contents. including the following basic documentation: full name. employment offer(s) and acceptance(s).example Applicability This policy applies to all employees. address and private telephone number. medical certificate(s) attesting to the employee's fitness for duty. a file may be viewed only in the presence of an authorised council officer. educational. professional. current position description. details of employment history and salary history.Policy statement . It will contain information relevant to the relationship between the council and employee. details of training and development courses attended by the employee. copies of all official correspondence to and from the employee. Human Resources Policies Page 138 . Basic information A personal file will be created for each employee. documentation must not be removed from the file.

sign. the senior officer of the branch or division. incomplete or misleading. If the employee is provided with copies of documents. Make application to delete or amend any disciplinary or other record mentioned on their personal file which the employees believe is incorrect. the member of staff responsible for personnel matters. out-of-date.in relation to the personal file of the general manager. the employee's permission must be given and 48 hours notice is required Human Resources Policies Page 139 . Access by other employees Only employees with genuine work-related reasons are allowed access to the personal files of others. These employees may include: the immediate supervisor. Access by non-employees Access to personal files is not allowed to non-employees except: duly appointed auditors. the general manager or another appropriate officer. In such cases. this should be noted on the file. an authorised officer of an industrial organisation (union) investigating an alleged breach for example of the award. specifying which document(s) were copied and the date the document(s) were provided. note and/or respond to any information placed on their personal file which may be regarded as adverse. courts of law (on subpoena of specific documentation). the mayor or deputy mayor . duly appointed representatives of the council.the employee has a right to copies of any documentation in the file. The employee is entitled to: Sight.

Secure file storage Personal files must be stored in a secure. Variation Council reserves the right to review. fire-resistant environment. vary or revoke this policy. the security. Computerised and similar personal records Where practicable. Archived personal files must be held securely for a period of at least 7 years from the date an employee ceases work with council. Human Resources Policies Page 140 . A personal file will be reactivated if a past employee recommences work with council within the 7 year period. access and storage of computerised personal information should be the same as for hard copy documentation.

entry to some postgraduate study programs. Reasons for providing certificates of service and references Current and past employees need certificates of service or references for a variety of reasons. It does not contain any direct indication or assessment of work performance. change of employment. Human Resources Policies Page 141 . Definitions Certificate of service A certificate of service is a document which attests to the employment of an employee with council. evidence of employment and remuneration for financial institutions. including entry to a professional association.Certificates of service and references Reviewed November 2004 Aim The aim of this policy is to establish the conditions for supplying certificates of service and references. and establish standards for supplying references. and legal purposes. Reference A reference is a document which attests to the employment of an employee and which contains an assessment of work performance and/or personal characteristics as they relate to the workplace. Is s u e s to c o n s id e r Legislation Under section 43 of the Local Government (Meetings) Regulation 1993 a council cannot provide a reference under seal to an employee because a reference does not relate to the business of council. anticipated travel overseas.

employment history of positions held.example Applicability This policy applies to all employees. the date the employee commenced work with council (and the termination date. part-time. if appropriate). fixed-term. current position (or position held at termination. Variation Council reserves the right to review.Policy statement . A certificate of service will be provided to any current or past employee upon written request. or the employee has completed less than 2 years' continuous service with council. salary history by position. The certificate will state: the employee's full name. At the employee's request the certificate may also include: remuneration.for example. resignation or expiry of fixed-term appointment. Human Resources Policies Page 142 . as it appears on council records. category of employment (full-time. and that service is considered meritorious by the general manager (or appropriate officer). vary or revoke this policy. Reference A reference which certifies service and attests to work performance may be given to a current or past employee in the following situations upon written request: the employee has completed 2 years' continuous service with council and the employee's performance is considered satisfactory by the general manager (or another appropriate officer). if appropriate). temporary etc) reason for termination .

Equal employment opportunity Reviewed November 2004 Aim The aims of this policy are to: demonstrate management and staff commitment to the principles of equal employment opportunity (EEO). ensure that the progress of the EEO management plan is communicated effectively to employees. Human Resources Policies Page 143 . There is specific legislation which prohibits certain types of discrimination: Commonwealth Sex Discrimination Act 1984 Racial Discrimination Act 1975 Disability Discrimination Act 1992 State Anti-Discrimination Act 1977 Consultation Councils need to consider employee and union involvement and consultative mechanisms. provide community leadership in the area of EEO. target groups and the community. ensure staff and community understanding of the principles of EEO and their application. acknowledge the importance of training in EEO policies. Is s u e s to c o n s id e r Legislation Chapter 11 Part 4 Section 345 of the Local Government Act requires every council to establish an EEO management plan.

staff. interest groups and the community need to be determined. Commitment Management and staff must be committed to EEO. disseminating and communicating statistical and other information regarding EEO to councillors. Data Methods of gathering.Roles The roles of council. Human Resources Policies Page 144 . Adoption of Integrated LLN training Integrating language. the general manager and the consultative committee need to be determined. Target groups Target groups and historically disadvantaged groups need to be identified. literacy and numeracy (LLN) principles into training promotes EEO by providing greater access and participation in training.

procedures and practices . Overall responsibility for EEO Responsibility for the implementation of the EEO management plan rests with the general manager. reviewed and formalised where they are deemed to be appropriate. procedures and practices Council will conduct a comprehensive audit of all human resource management (HR) policies. Day-to-day responsibility for co-ordinating EEO matters The general manager will nominate or appoint an officer to be responsible for the day-today co-ordination of EEO activities and the execution of the EEO management plan.written or unwritten . procedures and practices found to be incompatible or inconsistent with the provisions and spirit of EEO and related legislation will be discarded or replaced. Identifying target groups From time to time council will use statistical and demographic data to determine strategies for addressing EEO issues relating to particular target or historicallydisadvantaged groups. Council will adopt and implement an EEO management plan as set out in the attached schedule.over a period of 2 years from the time the EEO management plan commences. The officer nominated for EEO co-ordination by the general manager is an ex-officio member of the sub-committee. Informal procedures and practices will be identified. Policies. Human Resources Policies Page 145 . EEO audit of HRM policies. Monitoring role of the consultative committee A sub-committee of the consultative committee will monitor the execution of the plan and will report on progress to the general manager and council on a quarterly basis.example Applicability This policy applies to all employees. The general manager may also appoint or nominate officers to undertake particular EEO projects.Policy statement .

actions to achieve outcomes. Amendment and review The plan may be amended at any time and should be reviewed formally every year.Elements of the EEO management plan The plan sets out the desired outcomes. vary or revoke this policy. who is responsible and the target date for completion. Variation Council reserves the right to review. Human Resources Policies Page 146 . Council will invite and encourage input from interested parties. Annual Report Council is required to report on its progress on achieving the EEO Management Plan. (An example page from an EEO management plan is shown on page 4-29).

example ITEM Recruitment DESIRED OUTCOMES Policies and practices reflect EEO ACTIONS Review existing policies and practices Identify changes/replacements Draft new/replacement policies Consultation process Approval and promulgation Implementation Identify persons for training Examine and agree on training program Obtain funds for training Arrange training and set timetable Complete training program Develop statistics on current status Identify individual areas of deficiency Set targets Develop strategies for change Approval of strategies and resources Implement strategies Review existing practices Identify changes required Develop policies/procedures Approval and promulgation Implementation Sexual harassment To have appropriate procedures for addressing sexual harassment in place Investigate available procedures Determine whether to develop or adapt Develop draft procedures Consultation and modification Approval and promulgation Development of training/education program RESPONSIBILITY TARGET end June end June end Aug end Oct end Dec Jan & cont mid Feb mid Apr end May mid July end Oct end June end July mid Aug mid Sept end Sept Nov & cont EEO Committee EEO Committee HR Manager GM/HR Manager GM GM & Directors HR Manager EEO Committee HR Manager HR Manager Training for all members and potential members of selection committee Proportion of staff at professional and admin levels to reflect known community expectations HR Manager EEO Committee GM/EEO Committee HR Manager GM GM & Directors Training Selection for training based on need EEO Committee EEO Committee/Dep GM HR Manager GM GM & Directors HR Manager EEO Committee HR Manager GM/HR Manager GM EEO Committee/HR Manager mid Mar mid Apr end May end June July & cont end Jan end Feb end Mar end May end June end July Human Resources Policies Page 147 .EEO management plan .

even if the matter has already been reported or acted upon through internal investigation procedures. Union involvement Union representation for either the aggrieved party or the alleged offender is permitted only if the individual(s) involved requests it.Sexual harassment Reviewed November 2004 Aim The aim of this policy is to: prevent sexual harassment which is both unlawful and constitutes misconduct. and also it undermines the integrity of the employment relationship and the reputation of council. Human Resources Policies Page 148 .Sex Discrimination Act 1984 Sexual harassment is an offence under the Commonwealth Sex Discrimination Act 1984.Anti-Discrimination Act 1977 The NSW Anti-Discrimination Board may investigate complaints of sexual harassment under the provisions of Part III of the NSW Anti-Discrimination Act. provide an avenue of redress in cases where sexual harassment may have occurred. State . Is s u e s to c o n s id e r Legislation Commonwealth . The general manager must be informed of this request when it is made. Definition Sexual harassment Sexual harassment is unsolicited and unwelcome sexist or sexual behaviour or practice which may cause offence or distress to the recipient(s) and which creates an intimidating. There is no restriction on a complainant taking an allegation directly to the Human Rights Commission or Federal Police for investigation. hostile or offensive work environment.

an employee and a councillor. it may be necessary to involve the police or other agencies. a supervisor and subordinate. In cases where the offender is a member of the public. where one tries explicitly or implicitly to exercise some form of influence or "control" over the other. an employee and a member of the public. pinching. repeated comments or teasing about a person's alleged sexual activities or private life. offensive hand or body gestures. Harassment occurs when the behaviour or language in question is found to be offensive by the person to whom it is directed. persistent. touching or putting an arm around another person's body at work. but only as a last resort. sexual assault. physical contact such as patting. In Sexual Harassment in the Workplace the Human Rights Commission listed the following as examples of sexual harassment in the workplace: personally offensive verbal comment. provocative posters with a sexual connotation.Acts or behaviour which may appear to be humorous or insignificant to one person may be disturbing and intimidating to another. being followed home from work. sexual or smutty jokes. In cases where the offender is an employee. disciplinary action may be needed if informal resolution is inappropriate or has been unsuccessful. Human Resources Policies Page 149 . Behaviour that neither party finds offensive is not defined as harassment under legislation. unwelcome social invitations or telephone calls from workmates at work or at home. Workplace sexual harassment may involve: between co-workers at a workplace.

If an employee who is found to have been sexually harassed in the workplace needs treatment or leave of absence for the benefit of their physical or mental health. complaints will be handled at the workplace level. If the investigation results in the transfer or relocation of an employee or employees. council will facilitate appropriate treatment and/or allow the employee to take leave from their accumulated sick leave. the complainant will not be relocated or transferred without their agreement. the employee's employment status with council shall not be disadvantaged in any way. Immediate and thorough investigation Council will investigate all complaints immediately and thoroughly. Handling complaints at workplace level Wherever possible. Seriousness of the offence Workplace sexual harassment is illegal and unacceptable behaviour. Remedial action If complaints are substantiated and remedial action is required. the general manager will take the appropriate action.example Applicability This policy applies to all employees. Human Resources Policies Page 150 .Policy statement . Protecting the complainant Complainants will be given as much protection as possible. If it is found that an employee has been sexually harassed in the workplace or in a way associated with the workplace. Confidentiality Council will maintain confidentiality for both complainants and alleged offenders.

Variation Council reserves the right to review. Human Resources Policies Page 151 . vary or revoke this policy.

Procedure Lodging a complaint Any complaint of sexual harassment may be lodged with one of the following: the immediate supervisor. the supervisor's supervisor. If the allegation(s) are reported for formal external investigation it may be inappropriate for in-house procedures to continue. a relevant senior manager. the person in council responsible for equal employment opportunity. the general manager. Human Resources Policies Page 152 . to inform the alleged offender that a complaint has been received. with the complainant's agreement. the kind of investigative process that has been decided upon and their rights of representation or advice. to assure the complainant that the nature and content of the complaint will remain confidential and will not be disclosed outside the investigation process. Responsibilities of the person who receives the complaint The person who receives the complaint of sexual harassment has the following responsibilities: to discuss the allegation with the complainant in order to decide. Responsibilities of the person assigned to handle the complaint The person who handles the complaint (not necessarily the person who receives the complaint) has the following responsibilities: to discuss the allegation(s) with the complainant and assure them that the matter will be treated confidentially. whether or not the matter can be resolved at the immediate workplace level. In-house investigations and redress in cases of sexual harassment should be regarded as alternatives to formal legal investigations or processes.

Human Resources Policies Page 153 . The complainant may also need to give the same assurance. In making this choice. who will chair the panel. will be held under confidential cover and access will be restricted to the general manager (or duly-authorised agent). The general manager may choose to nominate a person or panel to investigate the matter. Resolution process Informal discussions at the workplace A complaint may be resolved at the workplace level as a result of informal discussion. or if the allegations involve serious or aggravated harassment. to keep factual notes of discussions. usually only the notes of discussions.to advise the alleged offender not to approach the complainant directly or indirectly about the allegation(s). will be instigated without their having the opportunity to be heard. if the alleged offender disputes the allegation(s). a nominee of the complainant. Documentation. If the general manager decides in favour of a panel. the general manager should take into account procedural risks relating to protection and confidentiality. or action which could be interpreted as disciplinary. Under these circumstances no further action is warranted. meetings and interviews with the complainant and the alleged offender. to assure the alleged offender that no prejudicial action. Usually this means that the offender has promised to behave better. to facilitate a resolution and to recommend remedial action. Formal investigation A formal internal investigation process must be initiated without delay: if the complaint cannot be resolved informally at the workplace level. to assure the alleged offender that the nature and content of the complaint will be treated confidentially and will not be disclosed outside the investigation process. it should comprise: the general manager's representative.

statements may be taken. including the report of the investigation.a nominee of the alleged offender. Support services Council will provide the necessary support services to the formal investigation process. information from sources believed to be relevant may be sought. confidentiality outside the investigative process will be guaranteed to anyone who is interviewed or who provides information. Responsibilities of investigation process The major responsibilities of the formal investigation process. recommend to the general manager actions. if appropriate. the complainant will be required to appear and may be questioned. Human Resources Policies Page 154 . with access restricted to the general manager (or duly-authorised agent). The investigation process. formal actions necessary to bring about resolution. Documentation. indicate. which will eliminate or minimise the prospect of recurrence. facilitate a resolution by conciliation or agreement. the alleged offender will be required to appear and may be questioned. as appropriate. must be held under confidential cover. relevant inquiries may be made. are to: consider the facts and determine whether or not the allegations have been substantiated. whether conducted by an individual or by a panel. whether conducted by a single person or by a panel. should be guided by the following: meetings will be held only in camera.

However. at the request of the complainant or the alleged offender. no further action will be taken (see also unfounded allegations below). taking into account any recommendations made during the investigation process. vexatious. subject to disciplinary action. the complainant may be: required to undergo counselling by a person nominated by the general manager. Unsubstantiated allegations: If the allegations are not substantiated. alternative work arrangements may be considered by the general manager. malicious or contrived. alternative work arrangements may be made at the direction of the general manager or at the request of the complainant or the alleged offender. Outcome of investigation Substantiated allegations: If the allegations are substantiated or admitted. Human Resources Policies Page 155 .Alternative work arrangements during the investigation During the period of investigation. the general manager will determine the appropriate course of action (refer to Disciplinary action Policy statement for a range of penalties). Unfounded allegations: If the allegations are found to be frivolous.

there is no validity in the argument or assertion that. incites hatred towards. Council's responsibilities and obligations in this area are the same as for sexually denigrating material. display of material sexually denigrating to women is inoffensive. Vilification Vilification is unlawful under the NSW Anti-Discrimination Act on the grounds of race. homosexuality. offensive materials in the workplace are the responsibility of the council. including sexually and racially-denigrating material. The display of denigrating materials in workplaces is a form of harassment. serious contempt for. Vilification concerns the use of verbal communication or non-verbal conduct which. because no women work in a certain workplace. or severe ridicule of a person or group of persons. Human Resources Policies Page 156 . Workplace image Council should be aware of the adverse image of the workplace which is generated by the display of offensive material. on the grounds outlined above. It follows that there is an obligation on council to monitor workplaces in this respect and to take whatever action is necessary to eliminate or remove such materials.for example. Display of racially denigrating material constitutes a form of racial vilification. Is s u e s to c o n s id e r Display of offensive material in the workplace Council has a responsibility to ensure that the workplace it provides reflects community expectations and do not have the potential to be offensive . Council's responsibility Legally. transgender and actual or alleged HIV/AIDS infection.Display of material in the workplace Reviewed November 2004 Aim The aim of this policy is to eliminate from all council workplaces the display of material likely to cause offence.

quotes. posters. sexually denigrating or racially denigrating or which are likely to cause offence. graffiti. If contractors and suppliers work on council premises. painted or printed clothing (t-shirts etc). printed or computer generated material such as poems.Contractors and suppliers Council's human resources policies do not apply to non-employees. notes and jokes. picture calendars. Human Resources Policies Page 157 . racist. Definitions Material Material includes graphics such as pictures. and written. which are sexist. it may be prudent to include in their contracts provisions which encourage them to abide by this policy. cartoons.

Policy statement . plant and equipment. Variation Council reserves the right to review. racist. Responsibility of managers and supervisors All managers and supervisors must enforce this policy by removing offensive materials or taking other appropriate action. workplaces. racially-denigrating or otherwise offensive material is banned from council premises. vary or revoke this policy. Council may exercise the option of disciplinary action Offenders may be subject to disciplinary action. vehicles. Banned workplace display materials The display of sexist. Communication of this policy Council will communicate this policy and its aims to all employees.example Applicability This policy applies to all employees and workplaces. Human Resources Policies Page 158 . sexually-denigrating. suppliers to council and contractors to council and may require that the standards of this policy are incorporated in contracts.

or areas considered to be dangerous or work areas where sensitive documents or records or are stored or cash is kept. Safety or security considerations such as an employee or group of employees working in remote areas. and the notice must indicate the kind of surveillance to be carried out. Is s u e s to c o n s id e r Legislation Camera surveillance in the workplace is regulated by the Workplace Surveillance Act 2005 (NSW). and cameras must be clearly visible and signs notifying people that they may be under surveillance must also be clearly visible. toilet facility or shower or other bathing facility at a workplace. Human Resources Policies Page 159 . Surveillance must not be carried out in any change room. and whether the surveillance will be continuous.Camera surveillance Reviewed October 2005 Aim To provide guidelines for the use of camera surveillance in the workplace. Camera surveillance that does not comply with the above is deemed to be covert surveillance. how the surveillance will be carried out. Camera surveillance of employees must be in accordance with a number of conditions which include: surveillance of an employee must not commence without prior notice in writing. Camera surveillance cannot be used for the measurement of work performance. intermittent. Camera surveillance Camera surveillance may be carried out for a number of reasons. and the notice must be given at least 14 days before the surveillance commences. for a specified period of time or ongoing. when the surveillance will commence.

Covert camera surveillance Covert surveillance is an offence unless the surveillance is authorised by a covert surveillance authority. proposed dates and times of surveillance and a statement regarding previous applications for authority. The results of the surveillance must be reported in writing to the magistrate within 30 days of the authority expiring. although this period can be varied. The surveillance supervisor must destroy all parts of the tape except those required for evidence within three months of the authority's expiry date. the group of employees regularly in view of the camera. The surveillance supervisor can provide council only with parts of a videotape that are relevant to establishing employees' involvement in unlawful activities. The authority will specify a surveillance supervisor (someone qualified to be responsible for overseeing the conduct of the surveillance operation). An authority will normally remain in force for 30 days. If action against an employee is proposed. the employee and their legal representatives are entitled to have access to a copy of relevant parts of the tape. it will be an offence to use the video recording for a purpose other than that for which it was granted. Any video recording obtained as a result of surveillance not related to security of the workplace cannot be admitted in evidence in any legal or disciplinary proceeding against an employee. information about the grounds for suspecting that employees may be involved in unlawful activities. The magistrate must take into account whether an authority might unduly intrude on the privacy of employees or other persons (such as customers). Human Resources Policies Page 160 . Even if an authority is granted. Council may apply to a Magistrate for an authority authorising covert surveillance for the purpose of establishing whether an employee or group of employees are involved in any unlawful activity while at work for council. The application for authority must include. together with the names of those employees. details of any other managerial or investigative procedures that have already been conducted and their outcome.

Where surveillance is proposed for safety reasons. Surveillance Surveillance is used for the general security of council property or assets or for the protection of the general public. Cameras will be placed such that they are visible to people in the work area. employees working in the designated area or areas shall be advised by their supervisors. Surveillance will not be carried out in change rooms. Camera surveillance may be used by council as part of investigations for disciplinary purposes and as evidence during any disciplinary interviews conducted under clause 31 of the Local Government Award (2004). security or safety reasons. showers or other bathing facilities. The cameras will be placed such that they are visible to people and visitors in the work area. Any camera surveillance implemented by council will only occur in accordance with the provisions of the Workplace Surveillance Act 2005 and on the authority of the general manager. Covert surveillance will not be carried out without an authority of a Magistrate. Council will erect visible signs informing people who enter or leave the work area that surveillance is being carried out. Human Resources Policies Page 161 .example Applicability This policy applies to all workplaces under the control and responsibility of councils including designated worksites for teleworking purposes. Reasons for introducing camera surveillance Council may require designated areas to be under camera surveillance for operational. Covert surveillance Covert surveillance is surveillance of an employee or group of employees carried out for the sole purpose of establishing whether the employee or group of employees is engaged in any unlawful activity. such as remote work sites or hazardous work activities council shall consult with the employees concerned. Where council intends to introduce surveillance. toilets.Policy statement . before implementing open surveillance.

Variation Council reserves the right to review. Human Resources Policies Page 162 . vary or revoke this policy.

and computer surveillance must be carried out in accordance with a policy that has been notified to employees in advance of the surveillance and it is reasonable for the employer to assume that the employees are aware of and understand the policy. for a specified period of time or ongoing. and the notice must indicate the kind of surveillance to be carried out.Internet and email use Reviewed October 2005 Aim To provide guidelines for the use of council's Internet and e-mail facilities. Before Surveillance Takes Place The surveillance of employees must be in accordance with a number of conditions which include: surveillance of an employee must not commence without prior notice in writing. surveillance by means of software or other equipment that monitors or records the information input or output. Definition Computer surveillance of an employee is defined as. the sending and receipt of emails and the accessing of Internet websites). intermittent. of a computer (including. how the surveillance will be carried out. or other use. as well as camera and tracking surveillance. and whether the surveillance will be continuous. Restricting Access Should council seek to prevent access to an internet website or block the delivery or receipt of an email sent to or by an employee. Is s u e s to c o n s id e r Legislation The Workplace Surveillance Act 2005 (NSW) regulates computer surveillance. and notice must be given at least 14 days before the surveillance commences. but not limited to. when the surveillance will commence. the legislation requires council: to act in accordance with a policy on email and internet access that has been Human Resources Policies Page 163 .

If there is to be a limited use what sites/addresses are going to be available to employees? For instance. and in the case of preventing the delivery of an email.communicated to employees. An employer is not required to issue a prevented delivery notice to an employee in instances where the email or the attachment to an email would be regarded by reasonable persons as being. if teleworking is a feature of council activities. the employer is to issue the employee with a prevented delivery notice. harassing or offensive. policies and procedures and monitoring activities need to be developed to ensure compliance. in all circumstances. menacing. council needs to consider whether there is to be a complete use of e-mail and internet facilities or whether there is to be a limited use. Human Resources Policies Page 164 . Council cannot prevent delivery of an email or access to an Internet site because the email relates to an industrial organisation of employees or the Internet site contains information relating to industrial matters. If there is to be monitoring or auditing functions the council policy needs to include a specific section informing of monitoring/auditing activities. which employees are allowed to use these facilities and under what circumstances and what is the extent of monitoring activity. Consideration In the development and implementation of an Internet and email policy. Council should also consider the type of material sent and received by Internet and email.

Do not send chain mail in any format. whether owned by council or by any other organisation. 3. Do not use another employee's computer to gain unauthorised access to the Internet or email. The following minimum conditions apply when you are using council’s internet and email: 1. racist or otherwise discriminatory or illegal material from the Internet or from email at any time while you are at work. or while using council computers outside of work premises. Do not use the Internet for the creation of legal or contractual obligations unless specifically authorised by your manager. Do not use the Internet and email for personal gain. including email. Conditions for internet and email use Internet and email is provided for business purposes related to your job. Do not download. Human Resources Policies Page 165 . access (hack) any computer. 7. random monitoring of email inboxes and monitoring logs of internet usage.example Application This policy applies to all council staff that use Internet and email while at work. Surveillance will include.Policy statement . 5. Do not. 8. 6. The surveillance of internet and email use will be ongoing and may occur at any stage during employment with council. Monitoring Council retains the right to monitor employee’s internet and email usage. However. retrieve or send sexually explicit. threatening or obscene messages to other employees or to anyone outside of council. but not be limited to. without express authority. Misuse of Internet and email may result in disciplinary action. Do not use the Internet or email to send defamatory. Do not use the Internet or email to send racially and or sexually harassing messages or other illegal communications to other employees or to anyone outside council. 2. reasonable personal use is permitted. 4.

vary or revoke this policy. Human Resources Policies Page 166 . Variation Council reserves the right to review.Blocking Emails that are considered inappropriate may also be blocked. Employees will be notified of blocked emails excepting where the blocked email is spam. contains a virus or is offensive in nature.

and the associated policy and procedures. Issues to Consider This section. This section should be read in conjunction with: PLEASE INSERT PROPER NAMES BELOW "Guidelines for Employers" relating to the "Working with Children Check. requirements for checking and the parameters for creating a safe environment for children in the workplace. and Information booklet produced by NSW Ombudsman's Office PLEASE INSERT PROPER NAMES ABOVE Legislation Child Protection in Local Government is regulated by the following NSW Acts: The Ombudsman Act 1974 The Child Protection (Prohibited Employment) Act 1998 The Commission for Children and Young People Act 1998 The Children and Young Persons (Care and Protection) Act 1998. identifies the key areas of responsibility of employers.Child Protection Reviewed November 2004 Aim This section establishes guidelines on the protection of children. The aims of these pieces of legislation include: to ensure that children are protected from child abuse as defined in the Children and Young Persons (Care and Protection) Act 1998 to provide a system for the reporting of any allegations of child abuse complying with the Ombudsman Act 1974 to encourage and facilitate the reporting of children and young persons at risk of harm Human Resources Policies Page 167 . It should not be considered to be a complete guide to all of the legal obligations facing councils in the protection of children.

Under the Child protection (Prohibited Employment) Act 1998 child-related employment means any employment of a king listed in the legislation that primarily involves direct contact with children where that contact is not directly supervised (Section 3). kindergartens and child care centres (including residential child care centres) Human Resources Policies Page 168 . Definitions Child related employment means any employment that primarily involves direct contact with children where that contact is not directly supervised. The areas of employment under the Child Protection (Prohibited Employment) Act 1998 that are relevant to councils include: pre-schools. The person doing the supervising must be able to observe the person and be capable of directing the person if required. Under the Commission for Children and Young People Act 1998 child-related employment means any employment that involves direct contact with children where that contact is not directly supervised (Section 33). volunteers and work experience students. Employee (under the Commission for Children and Young People Act) means any person who is engaged in a primarily child related employment role including paid employees. Direct supervision occurs when a person is present at all times during the contact by the person under supervision with any child. sub-contractors. Child-related employment: The definition of child-related employment differs slightly between the Child Protection (Prohibited Employment) Act 1998 and the Commission for Children and Young People Act 1998. where such contact is part of the duties performed by the person under supervision or can reasonably be expected to occur during the performance of those duties.to prevent the employment of persons (including volunteers and contractors) who are either prohibited by law from working with children and or young persons or are considered to be inappropriate persons to be working with children or young persons to ensure the prompt notification and investigation of allegations of children and young persons being at risk of harm where allegations involve council staff and other allegations that are legally required to be notified to establish practices to ensure any person engaged in child related employment is suitable for such employment.

g. or undertaking practical training as part of an educational or vocational course. but also includes an allegation of misconduct that may involve child abuse. Designated non-government agency includes a child care centre. whether or not employed in connection with any work or activities of the agency that relates to children any individual (including volunteers) engaged by the agency to provide services to children. sub-contractors volunteers for an organisation. gymnasiums etc other child care e. Child abuse means assault (including sexual assault) of a child (who is under the age of 18). or residential child care centre. or exposing or subjecting a child to behaviour that psychologically harms the child.g. that is licensed or required to be licensed under the Children (Care and Protection) Act 1987 and the Centre Based and Mobile Child Care Services Regulation 1996 (No 2).entertainment venues. Head of agency means the general manager or other principal officer of the agency. swimming centres. Employee of an agency (under the Ombudsman’s Act 1974) includes: any employee of the agency. or ill treatment or neglect of a child. leisure centres. family day care. other than where there is an order in force declaring that the Child Protection (Prohibited Employment) Act 1998 does not apply to the person in respect of the offence. Child abuse allegation not only includes abuse. where the clientele is primarily children e. Human Resources Policies Page 169 . Prohibited person means a person convicted of a serious sex offence (punishable by imprisonment for 12 months or more). Employee: Any person who is engaged in child-related employment in any of the following ways: paid employment.

Relevant disciplinary proceedings. criminal history checks. checks of certain enforceable apprehended violence orders and checks with past or current employers for any relevant completed disciplinary proceedings. Screening includes structured referee checks. It is a requirement of the Commission for Children and Young People Act that relevant disciplinary proceedings do not include those when there is a finding that the allegations are false. Screening means the process of gathering relevant information about an applicant for employment in order to enable an informed decision to be made on whether to employ the applicant or not. take place in the presence of children. Approved screening agency means an employer or employer related body approved by the Minister to carry out all or any of the relevant procedures of employment screening. These proceedings include completed proceedings involving child abuse. It is still a requirement of the Ombudsman Act 1974 that allegations need to be notified regardless of the opinion of the investigator of the seriousness or accuracy of the allegation. are directed at children. vexatious or misconceived. sexual misconduct or acts of violence committed by the employee in the course of employment where these acts: involve children. Human Resources Policies Page 170 . means completed disciplinary proceedings against an employee.

the NSW Ombudsman and the Department of Community Services who all have a role in overseeing and managing any allegations of child abuse. discipline. The NSW Ombudsman has produced “Child Protection: Your New Responsibilities” which deals with the responsibilities for agencies to report any allegation of child abuse against employees of designated agencies to the Ombudsman within 30 days.Procedures The following procedures have been developed to support this policy and may apply to different sections of council’s workforce: reporting and responding to allegations of child abuse recruitment and selection to council designated child related positions the conduct of workplace investigations into allegations of child abuse notification of completed relevant disciplinary proceedings notifications to the NSW Department of Community Services assessing the level of risk for potential abuse of children in any child related position child protection training for all staff in child related positions. Council will have to be mindful of these procedures and their interaction with other council policies and procedures relating to induction. the keeping and security of council records etc. as well as ensuring that children are protected from child abuse. redeployment. Human Resources Policies Page 171 . The NSW Commission for Children and Young People has produced the “Working with Children Check” as a guideline for employers to prevent unsuitable people from working with children and young people. Further Information Further information can be obtained from the NSW Commission for Children and Young People.

Ensure that any relevant completed disciplinary action in a child related position is reported to the Commission for Children and young People. and further develop.POLICY STATEMENT – Example Applicability This policy applies to all relevant employees. contractors and volunteers. or the requirement for all employees to report on allegations of child abuse. Safe and caring environment Council will establish a safe and caring environment within council for children which fully supports the aims and objectives of Child Protection legislation. Those positions are: Human Resources Policies Page 172 . ensure that children are protected from child abuse as defined in the Children and Young Persons (Care and Protection Act) 1998 maintain. designated child related employment positions relating to employment screening. council has determined the positions that are designated as child-related employment positions.g. The attached procedures apply to different categories of persons e. and associated provisions. Specifically it is council’s policy that procedures will be established to: within the limits of its obligations and authority. a workforce committed to child protection through a range of policies and procedures to ensure that Council’s services are provided to children in a safe and caring environment establish procedures to prevent the employment of persons who are either prohibited by law or who are considered by council to be inappropriate persons to be working with children and/or young persons encourage and facilitate the reporting of children and young persons at risk of harm provide a system for the reporting of any allegations of child abuse in compliance with requirements of the Ombudsman Act 1974 ensure the prompt notification and investigation of allegations of children and young persons being at risk of harm where allegations involve Council staff and other allegations that are legally required to be notified. Designated child-related employment positions Following reference to definitions of child-related employment contained within relevant legislation.

Notification of completed relevant disciplinary proceedings The general manager or authorised delegate is to ensure that the Commission for Children and Young People is notified of any relevant disciplinary proceedings which are completed by council This requirement does not apply when the relevant disciplinary proceedings establish a finding that the allegations are false. Council reserves the right to designate further positions as being child-related employment positions if further positions are identified or created.child care staff. Employment screening The employment screening procedures detailed within the attached "Recruitment and Selection to Council Designated Child-Related Positions" procedures are to be strictly adhered to. library staff. family day care. Investigations of child abuse All employees who are involved with the investigation into allegations of child abuse shall follow the procedure on The Conduct of Workplace Investigations into Allegations of Child Abuse. Under the Children (Care and Protection) Act 1987 any person who forms the belief on reasonable grounds that a child has been or is in danger of being abused may notify the department. Notifications of child abuse All employees involved with children’s services or who have a role that involves management of children’s services are required to report on child abuse or risk of harm from child abuse and neglect to the Department of Community Services. pool staff. entertainment centre staff. vexatious or misconceived. Dealing with allegations of child abuse All employees shall follow the Reporting and Responding to Allegations of Child Abuse procedure developed to investigate and report on allegations of Child Abuse. Human Resources Policies Page 173 .

Human Resources Policies Page 174 . vary or revoke this policy.Variation Council reserves the right to review.

contractors and sub-contractors. Prior to offer of employment. Appointment of an approved screening agency The Department of Community Services will provide checking services to council in relation to child-related employment. family day care staff and work experience participants placed within council to work with children and volunteers. either paid or unpaid." Non-acceptance of applications for employment Applications for employment in a designated child-related position are not to be accepted unless accompanied by a Prohibited Persons Declaration and a Working with Children Check Consent Form Human Resources Policies Page 175 . Recruitment advertising and documentation With immediate effect." All other printed information and recruitment documentation relating to council designated child-related employment. all recruitment advertising relating to a council designated childrelated employment position is to bear the following notice: "It is an offence under NSW Legislation for a person convicted of a serious sex offence to apply for this position. family day care staff.PROCEDURE Recruitment and selection to council designated child-related positions Definition For the purpose of this procedure. a Working with Children Check will be conducted on preferred applicant/s. is to contain the following notification: "It is an offence under NSW Legislation for a person convicted of a serious sex offence to apply for this position. Applicants are to provide a detailed work history and full contact details for three referees. Employee includes paid employees. employee includes paid employees. volunteers and work experience participants placed within council to work with children. contractors and sub-contractors. Designated child-related employment positions This procedure applies to any employee who is engaged in a child related employment role that primarily involves direct contact with children where that contact is not directly supervised.

the responsible manager ensures that the Working with Children Check is completed as soon as possible after the person is employed. and they will notify council as to the outcome of the checking process. the structured reference check has been completed. In exceptional circumstances. A Prohibited Person Declaration is to be included in the information package relating to each designated child-related position. A Working with Children Check Consent Form is to be included in the information package relating to each designated child-related position. The Working with Children Check is to be completed by the Department of Community Services. Each person submitting an application for appointment to a designated child-related position is to lodge a completed and signed Working with Children Consent Form with their application.Prohibited Persons Declaration With immediate effect. Unless there are exceptional circumstances council will wait for a favourable determination in relation to suitability for employment in a designated child-related position prior to employment being offered. Such offer is not to be made unless: the general manager or authorised delegate expressly approves. Working with Children Check With immediate effect. The determination as to the suitability for employment within a designated child-related position is to be based upon the risk assessment undertaken by the Department of Community Services and the structured reference check conducted by council. any person who offers their services or seeks engagement / placement in a paid or voluntary capacity within a designated child-related position is to complete a Prohibited Persons Declaration prior to an offer of employment being made. the letter of offer to the applicant contains the following notification: Human Resources Policies Page 176 . it may be necessary to offer employment prior to completion of the Working with Children Check. a full Working with Children Check is to be completed through the Department of Community Services for all preferred applicants for paid employment within a designated child-related position.

" Referee checks In addition to the requirement to lodge a Prohibited Person Declaration and Working with Children Check Consent Form. and the basis for any decision to employ. and nominate three referees and provide full contact details for each. council will maintain the following records centrally. Confidentiality All people involved in the Working with Children Check must ensure that they treat any information obtained throughout the process with the utmost confidentiality. Notification to general manager of rejected applicants The general manager or authorised delegate is to be advised of each instance in which any person's application for employment within a designated child-related position is rejected as a result of information obtained in the employment screening process. To ensure confidentiality. separately from personnel files and under strict security: the basis for any decision not to employ.“Your ongoing employment is subject to completion of the Working with Children Check and a favourable determination subsequently being made as to your suitability for employment in this designated child-related position. Human Resources Policies Page 177 . Where adverse information has been obtained regarding an applicant during the checking process it is the responsibility of the Department of Community Services (the approved screening agency) to contact the preferred applicant and notify them of the findings. all applicants for paid or unpaid employment within a council designated child-related position are to: provide a detailed work history. The general manager or authorised delegate shall notify the Commission for Children and Young People and the applicant of any such rejection. at the time the decision was made. despite some adverse information gained through the Working with Children Check. Information obtained is not to be provided to any person not authorised to access such information. if the decision primarily was based on an assessment that the applicant poses an unacceptable risk in child related employment.

appropriate information to approved screening agencies relating to employees who have been subject to completed relevant disciplinary proceedings. Staff induction Council's induction procedures relating to new employees and others performing work in a paid or unpaid capacity are to incorporate information about the child-related employment requirements regarding prohibited persons and provisions of this policy. Working with Children Check required. Temporary/casual employment list All the above provisions apply to persons seeking placement on council's temporary/ casual employment lists where such placement could result in temporary/casual employment within a council designated child-related position.Position files All position files related to designated child-related employment positions bear the following notice in a prominent position: "Designated Child-Related Employment Position Prohibited Employment Declaration required. Human Resources Policies Page 178 ." Provision of information to approved screening agencies The general manager or authorised delegate is authorised to provide. upon request.

a person with this responsibility must report their concerns to the Department of Community Services. Where concerns arise in the course of their work and they have reasonable grounds to suspect that a child or young person is at risk of harm from child abuse. This responsibility extends to: a person employed in the health. Under provisions of the Children and Young Persons (Care and Protection) Act 1998. children's services. abused. or law enforcement fields who provides services to children or who holds a management position in such areas. welfare. the reporting of child abuse or risk of harm relating to children under 16 years of age from child abuse and neglect is mandatory for certain employees when they have 'reasonable grounds to suspect' that a child has been.PROCEDURE Notifications to the NSW Department of Community Services Reporting Under this procedure all employees involved with children’s services or who have a role that involves management of children’s services are required to report on child abuse or risk of harm from child abuse and neglect to the Department of Community Services. education. Human Resources Policies Page 179 . or is in danger of being. residential services. Under the Children (Care and Protection) Act 1987 any person who forms the belief on reasonable grounds that a child has been or is in danger of being abused may notify the department.

PROCEDURE Reporting and responding to allegations of child abuse Applicability The procedure on Reporting and Responding to Allegations of Child Abuse applies to any employee of Council where there is an allegation of child abuse against an employee which has occurred in the course of employment. that is licensed or required to be licensed under the Children (Care and Protection) Act 1987 and the Centre Based and Mobile Child Care Services Regulation 1996 (No 2). functions and responsibilities assigned to the "Head of Agency" within the Ombudsman Amendment (Child Protection and Community Services) Act. or residential child care centre. Human Resources Policies Page 180 . an allegation may be written. and the allegation details specific conduct or a pattern of behaviour that indicates abuse. verbal or anonymous. an allegation should have the following elements: ◊ ◊ the person the subject of the allegation is clearly identifiable. General Manager designated head of agency The general manager is nominated by council as having the powers. The procedure also applies to any employee of Council engaged in a child care centre. Any allegations of child abuse against these employees need to be notified to the Ombudsman whether the abuse is alleged to have taken place in the course of the persons employment or outside of their employment What is an allegation? Allegations may take the form of: an assertion made without proof a declaration an assertion made by a party which they undertake to prove.

and the allegation details specific conduct or a pattern of behaviour that indicates abuse. the general manager shall notify the Department of Community Services Responsibilities of the general manager The general manager is required to take the following action: Notify the Ombudsman of any child abuse allegation or conviction against a council employee of which the general manager is notified or becomes aware. providing: the person the subject of the allegation is clearly identifiable and a current employee of council. Council's response to allegations of child abuse General provisions All allegations of child abuse. or misconduct that may involve child abuse. Should the general manager receive allegations concerning the family members of an employee. and the general manager is satisfied that they do not relate to the employee. or is abusing a child. against employees of council will be notified to the Ombudsman. within 30 days of the general manager becoming aware of the allegation or conviction (or within such Human Resources Policies Page 181 . is required to report their concern to their immediate manager or the general manager. However. All council employees are required to notify the general manager. then the notification provisions detailed above do not apply. irrespective of the general manager's or any other person's opinion as to the seriousness or accuracy of the allegation. who believes on reasonable grounds that a child has been or is being abused by a council employee in the course of the employees work or any other situation. and in any event. Such notification is to be made: ◊ as soon as practicable. even though the allegations may relate to a period of time prior to the person’s employment with council. should the general manager have reasonable grounds to suspect that the family member has abused. of any child abuse allegation or conviction made against an employee of council of which they become aware.General reporting responsibilities Any council employee. The above provisions apply to allegations made against a current employee of council. contractor or person serving with council in either a paid or unpaid capacity. or authorised delegate.

Where such child abuse allegations or convictions are identified. is to be made in accordance with disciplinary procedures of the Local Government (State) Award where appropriate. Notify the Ombudsman of any written submissions made concerning any allegation or conviction that the employee concerned wished to have considered in determining what (if any) disciplinary or other action should be taken in relation to the employee. either by way of internal investigation or through an external agency. As soon as practicable after being satisfied that an investigation into a child abuse allegation or conviction conducted by or on behalf of council has been concluded. Notify the Ombudsman as to whether or not council proposes to take any disciplinary or other action in relation to the employee the subject of the allegation or conviction. Identify any instances of child abuse allegation or conviction against a current council employee which was made or occurred prior to commencement of the Ombudsman Amendment (Child Protection and Community Services) Act 1998. the general manager is to contact the Ombudsman's office to discuss the arrangements for the transfer of materials relating to the matter. and copies of all statements taken in the course of the investigation and of all other documents on which the Human Resources Policies Page 182 . would indicate that the person may be a risk to children. the general manager shall cause the matter to be investigated. Such notification is to be made as soon as practicable. is to be suspended or. by using the Child Protection Notification Form. This includes those instances of allegation or conviction which were the subject of an investigation which has now concluded. Such notification is to be made as soon as practicable. Make a decision as to whether the employee. provide the Ombudsman with: ◊ a copy of any report prepared by. who is the subject of the allegation. Where the general manager has been made aware of any allegation that. if substantiated. transferred to another position or place of work whilst the investigation is being conducted. by agreement. This decision. and its implementation. Provide the Ombudsman with such documentary and other information as the Ombudsman may from time to time request to assist in the Ombudsman's monitoring of an investigation conducted by or on behalf of the council into a child abuse allegation or conviction. and initiate appropriate action upon conclusion of the investigation.◊ further period as may be agreed to by the ombudsman). and the reasons why council intends to take or not to take any such action. or provided to the general manager as to the progress or results of the investigation.

Human Resources Policies Page 183 . together with information relating to the recommendations. or on a decision by the Ombudsman to refer the matter back to the council. to receive from the Ombudsman any recommendations for action to be taken with respect to the matter. Defer any council investigation into a child abuse allegation or conviction if the Ombudsman notifies council that the Ombudsman intends to investigate the matter and that the investigation by the council should be deferred. Comply with any other obligations imposed by the administration of the Ombudsman Act.◊ ◊ report is based that are available such comments on the report and statements as the general manager thinks fit advice as to the action that has been taken or is proposed to be taken with respect to the child abuse allegation or conviction the subject of the investigation. At the conclusion of an investigation by the Ombudsman. Provide such additional information as the Ombudsman considers necessary to enable the Ombudsman to determine whether the child abuse allegation or conviction was properly investigated and whether appropriate action was taken as a result of the investigation.

in support of the investigation process. determine what action is to be taken by council. Responsibilities of investigating officer It is the responsibility of the investigating officer to: properly conduct and speedily conclude the investigation within the scope of the terms of reference advise the general manager of any limitations imposed by the terms of reference if such limitations are identified in the course of the investigation maintain thorough records. a person not directly or indirectly involved in the allegation/s being investigated and who has the necessary skills and knowledge to conduct a thorough and valid investigation monitor the progress of the investigation to ensure that it is properly conducted and speedily concluded upon conclusion of the investigation by the investigating officer. Human Resources Policies Page 184 . including records of interview. investigation report and subsequent recommendations apply the principles of natural justice and procedural fairness to all parties involved at all stages of the investigation process advise the general manager immediately the investigation process indicates that the matter should be referred to an external agency.PROCEDURE The conduct of workplace investigations into allegations of child abuse Responsibilities of general manager or other authorised officer The general manager or other authorised officer is to: develop. the NSW Police Service stress to all parties involved in the investigation process. terms of reference for the investigation appoint as investigating officer. the need to maintain confidentiality. for example. or cause to have developed.

or upon direction of the Ombudsman. the general manager is to seek advice from the Ombudsman's Office. Where it is proposed to defer the conduct of a council investigation. The responsibility to keep these records applies despite any requirement for disposal of records which may exist elsewhere. All information relating to any allegation/investigation/report including information relating to the Working with Children Check will be secured and will only be accessed by either the child protection officer or the general manager. It is important that all people involved in the process ensure that they treat the information obtained with the utmost confidentiality. council's investigation will be deferred: pending a conclusion of an external investigation which may still require council to conduct its own examination.Deferral of council investigation Where necessary. Human Resources Policies Page 185 . Confidentiality All staff involved in reporting and handling of allegations of child abuse will be aware of the sensitive nature of the issue and take all reasonable steps to maintain confidentiality and respect the privacy of those involved. Information obtained is not to be provided to any person not authorised to access such information.

The general manager or authorised delegate is to ensure that the Commission for Children and Young People is notified of any relevant disciplinary proceedings which are completed by council." The proceedings to be notified include completed proceedings involving child abuse. relevant disciplinary proceedings are deemed to have been completed: once council has reached a point where the investigation of the matter has concluded and a finding has been reached. sexual misconduct or acts of violence committed by the employee in the course of employment where these acts: involved children were directed at children took place in the presence of children. sexual misconduct. child abuse. NB: For the purpose of "completed relevant disciplinary proceedings". This requirement does not apply when the relevant disciplinary proceedings establish a finding that the allegations are false. vexatious or misconceived. For the purposes of this procedure. irrespective of whether disciplinary action is yet to be initiated Human Resources Policies Page 186 . family day care staff. a misunderstanding on behalf of the person making the allegation occurred. even though the allegation was made in good faith. or an act of violence. contractors and sub-contractors.PROCEDURE Notification of completed relevant disciplinary proceedings Applicability This procedure applies to any employee who is engaged in a child related employment role that primarily involves direct contact with children where that contact is not directly supervised. volunteers and work experience participants placed within council to work with children. Employee includes paid employees. or the incident was not. the definition of "misconceived" is as follows: "If investigation into a relevant completed disciplinary proceeding has satisfactorily proved that.

Any current or former employee of council who is the subject of such a notification is to be notified that details of completed relevant disciplinary proceedings involving them are registered with the Commission for Children and Young People. The Commission for Children and Young People is to be notified of relevant disciplinary proceedings. Human Resources Policies Page 187 .where the relevant disciplinary proceedings are completed at the instigation of the employee by the employee terminating their employment by their own choice before council has had the opportunity to finalise the disciplinary process.

CHAPTER 5: OCCUPATIONAL HEALTH AND SAFETY Human Resources Policies Page 188 .

for example. safety and welfare of employees. an obligation for employers to take reasonable care to identify any foreseeable hazard that may arise from the conduct of the employers undertaking. safety and welfare of employees and others at the workplace. contractors or visiting maintenance staff. the overall aim of the OHS Act is to ensure that workplaces are safe through: defining the employer's duty of care. visitors. Human Resources Policies Page 189 . visitors and others at the workplace. assess the risk of harm to health or safety from any identified hazard and eliminate any reasonably foreseeable risk. contractors.Occupational health and safety Reviewed November 2004 Aim The aim of this policy is to ensure the health. the employer must minimise the risk to the lowest level reasonably practical. If elimination of the risk is not reasonably practical. an explicit duty of the employer to consult. providing for workplace participation and consultation by employers and employees. which covers all workplaces and work activities. Is s u e s to c o n s id e r Occupational Health and Safety Act The primary legislation to consider is the Occupational Health and Safety Act 2000 (OHS Act). The duty of care imposed under the OHS Act applies not only to employees at the workplace but to other persons who may be at the workplace. codes of practice and Australian Standards to provide practical guidance on specific hazards. The main obligations under the OHS Act are: a duty of care for the employer to ensure the health. In broad terms. setting out details in a legislative framework of associated regulations.

In addition employees also have the responsibility to take reasonable care to work in a safe manner. All managers and supervisors share this responsibility. contractors and others. including visitors. the Factories. Responsibility for OHS Under the OHS Act. The regulations replaced include regulations made under provisions of the Construction Safety Act 1912. The Regulation contains provisions in respect of the following matters: (a) (b) the identification of hazards by employers and the elimination or control of risks at employers' places of work. is responsible for day-to-day operations and therefore has overall responsibility to ensure a safe workplace. and not to endanger fellow employees and other persons at the workplace. the duty of care applies to the employer and all persons who are in control of the workplace. Under the Local Government Act.person in control of work premises. or the plant or substances at work. For example. safety and welfare with a single consolidated regulation. employees have a general obligation to take care of others and cooperate with employers in matters of health and safety. and to provide information on the correct use and potential hazards associated with the use of the products in the workplace. manufacturers and suppliers of plant and substances have a general obligation to ensure that their products are not a risk to health and safety when properly used. council's 'duty of care' applies to all people in the workplace. or removes the chinstrap from the hard hat then that could be a breach of the OHS Act. Shops and Industries Act 1962 and the Occupational Health and Safety Act 1983 repealed by the occupational Health and Safety Act 2000. if a council employee fails to wear a hard hat provided by the council for use in a designated construction area. the general manager. Employees are also required to follow the reasonable directions of an employer with regards to workplace safety and also not to interfere or misuse equipment provided for safety reasons. OHS Regulation 2001 The aim of the OHS Regulation 2001 (The Regulation) is to replace former regulations relating to occupational health. plant or substances used by non-employees must ensure the health and safety of people who use the premises as a place of work. the establishment of occupational health and safety committees and the election of employees' representatives in connection with an employer's duty under the act to Human Resources Policies Page 190 . designers.

Industry codes of practice do not have the same legal status as regulations in NSW. the design. welding and working with lead). The list is not exhaustive. The Regulation refers to various Australian Standards and other standards or codes for the purpose of prescribing. the manufacture and supply of hazardous substances for use at places of work and the use of hazardous substances at places of work. confined spaces and manual handling). provisions applicable to occupational health. the duties of a controller of premises used by people as a place of work to identify hazards and eliminate or control risks at the premises. the use of plant at places of work. Under the NSW OHS Act an industry code of practice can be adopted by the Minister as an approved industry code of practice. For example. atmosphere. Industry codes of practice Industry codes of practice are practice guidelines that have been adopted by either the appropriate national body (Worksafe Australia) or state body (WorkCover Authority). the prescribing of work for which certificates of competency are required (including such work as scaffolding. They are intended to provide information and guidance in the adoption of measures to address a specific workplace hazard. safety and welfare. Human Resources Policies Page 191 . the licensing of. the regulation of hazardous processes at places of work (including such processes as spray painting. there is an industry code of practice for the installation and use of garbage compactors. particular risk control measures (including provisions regarding lighting. safety and welfare at work. abrasive blasting. noise.(c) (d) (e) (f) (g) (h) (i) (j) (k) (l) consult with employees in respect of decisions affecting their health. demolition work and working with asbestos). Failure to meet the approved industry code of practice is not a breach of the OHS Act. and the issuing of permits for. Set out below is a selected list for councils of approved industry codes. It is evidence of a potential breach in that the code sets out the reasonable practical steps a responsible employer should take. throughout the Regulation. manufacture and registration of plant (including amusement devices) for use by people at work. electricity. demolition or asbestos removal work. rigging and the operation and use of certain plant and tools). the notification of accidents and other matters. the regulation of construction work (including excavation work.

Commercial and Industrial Buildings. Part 2 .Residential) Snigging of Logs Pumping Concrete Overhead Protective Structures Safety Line Systems Workplace Hazardous Substances Labelling of Workplace Substances Cutting and Drilling Concrete and other Masonry Products Amenities for Construction Work Management and Protection of Hearing at Work Safe Storage and use of Herbicides and Pesticides Workplace Amenities OHS Consultation Work in Hot or Cold Environments Occupational health and Safety Induction Training for Construction Work Human Resources Policies Page 192 .Industry Codes of Practice Compactors Manual Handling Occupational Overuse Syndrome Safe Handling of Timber Preservatives and Treated Timber Tunnels under Construction Workplace Injury and Disease Recording Electrical Practices for Construction Work Facade Retention Safe Use of Synthetic Mineral Fibres Mono-Strand Post Tensioning of Concrete Buildings Control of Legionnaires Disease Safe Work on Roofs (Part 1 .

carry out a risk assessment of the identified hazards. training requirements. A standard is an authoritative statement and could be used as evidence as to what the responsible employer would do. plant and activities.1:1995 is a breach of the Regulation which in turn is an offence under the OHS Act. The OHS Act establishes employer responsibilities and obligations. an employer must ensure that the erection and dismantling of scaffolds and temporarily erected structures. Due diligence Employers are legally required to take positive steps to ensure a safe workplace. usually referred to as Australian Standards (AS) are developed by technical advisory committees and provide guidelines as to appropriate quality and procedures. if this is not reasonably practical. Some standards have been incorporated into regulations and therefore a breach of a standard adopted in a regulation is a breach of the OHS Act. eliminate the risk or. consult with council employees. Examples of positive steps that would demonstrate due diligence are: develop council OHS policies and procedures. undertake a workplace hazard identification for all council workplaces and activities. minimise the risk to the lowest level reasonably practical. workplace monitoring mechanisms.1:1995 Scaffolding Part 1: General Requirements. Human Resources Policies Page 193 . monitor the implementation of the policies and procedures. employee obligations and powers of WorkCover inspectors. Failure to comply with AS/NZS 1576. intended for use to support sheetings. guard rails. establish training strategies to provide knowledge and skills to enable council employees to work safe. means of access or egress and entertainment equipment is carried out in compliance with AS/NZS 1576. hoardings. The standards. under provisions of the Regulation. review and evaluate the safety policies and procedures amending as necessary.Australian Standards Standards Australia is an independent body which seeks to develop technical standards for a wide range of products. review all safety incidents. By way of example.

if unable to do so. To investigate any matter that may be a risk to health and safety at the place of work. and When introducing or altering the procedures for monitoring those risks (including health surveillance procedures). and When changes that may affect health. safety or welfare are proposed to the premises where persons work. and When decisions are made about the procedures for consultation. and When decisions are made about the measures to be taken to eliminate or control those risks. Workplace consultation may be undertaken by any one or more of the following means: An OHS committee(s) An OHS representative(s) Other arrangements agreed by council and its employees. at Chapter 3 Workplace Consultation. Functions of OHS Committees and OHS Representatives An OHS committee or an OHS representative has the following functions: (a) (b) (c) To keep under review the measures taken to ensure the health. To attempt to resolve the matter but. to request an investigation by a WorkCover inspector. safety and welfare of persons at the place of work. Consultation is required: (a) (b) (c) (d) (e) (f) When risks to health and safety arising from work are assessed or when the assessment of those risks is reviewed. and When decisions are made about the adequacy of facilities for the welfare of employees.OHS Consultation Division 2 of the OHS Act 2000 deals with the employers duty to consult and these provisions are amplified within the OHS Regulation 2001. to the systems of methods of work or to the plant or substances used for work. Additional functions are prescribed within the Regulation Human Resources Policies Page 194 .

au WorkCover NSW: www. Many of the sites are linked to other sites which in turn expands the field quite considerably. These are: Coal Mines Regulation Act 1982 Dangerous Goods Act 1975 Mines Inspection Act 1901 Rural Workers Accommodation Act 1969 Need for supporting procedures and processes All supporting procedures need to be developed in consultation with employees. Set out below are examples of OHS websites that will be of value and interest.org.gov.au Standards Australia: www.Workplace Safety Kit For detailed information refer to the WorkCover Authority at: WorkCover. Human Resources Policies Page 195 . Client Contact Centre: 13 10 50 Fax: (02) 9370 6150 Information on the internet There is considerable information related to employee health and safety on the internet.nsw. Access to the web opens up a tremendous range of resources.Risk Management at Work Guide . Local Government and Shires Associations of NSW: www. should be fully documented and readily available.au A good example of an organisation's safety web site is the University of Wollongong. GPO Box 5364 SYDNEY NSW 2001.lgsa.nohsc.Associated Legislation In addition to the OHS Act and Regulation there are a number of other associated Acts that have to be taken into consideration. It provides an extensive range of information kits and publications on a variety of occupational health and safety issues.standards. including: Guide .au National Occupational Health and Safety Commission: www.First Aid in the Workplace Guide .workcover.gov. WorkCover is responsible for the administration and enforcement of the OHS Act.com.

This is currently located at: http://www.uow. procedures and electronic safety manuals. There are also useful links to other sites.au/admin/personnel/ohs/ohs. Human Resources Policies Page 196 .edu.html The page sets out a wide range of policies.

Supervisors are responsible and accountable for the safety and safety standards of working environments under their control. as set out below. where relevant. This policy statement is made to facilitate participation from all in the workplace to ensure that the objectives of this policy are met. Workplace health and safety Council is committed to complying with all relevant aspects of workplace accident prevention. Employees . Occupational health and safety committee/representative(s) . the workplace. OHS consultation statement The OHS Consultation Statement has been developed to support this policy and details the requirements for consultation between management and employees. and accessing.example Application This policy applies to all employees and. hazard control and removal. contractors and employees of contractors. A shared responsibility Health and safety at work is both an individual and a shared responsibility of employees and management. Human Resources Policies Page 197 .The OHS committee/representative(s) will support all aspects of the council's occupational health and safety policy and program through the process of joint consultation. Supervisors . for compliance with these standards by employees and for supplying employees with accurate and adequate information on safety and health matters.All employees are required to co-operate with council by following the OHS policy and programs to ensure their own health and safety and the health and safety of others in the workplace. injury protection and health preservation. Management -Managers at all levels should take measures within their authority to ensure the health and safety of all persons in.Policy statement .

Promotion of occupational health and safety on council initiatives Council will promote and maintain a safe and healthy workplace by: developing procedures. council may take disciplinary action. programs and job instructions. Account will be taken of the integration of language. If an employee breaches these instructions or procedures. procedures and programs of the council and to observe directions on health and safety from designated officers of the council. council shall provide induction training that covers the following: (a) (b) (c) Arrangements within council for the management of occupational health and safety. Compliance Employees must observe council's health and safety procedures and instructions. equipment. amenities and work areas. selecting and procuring tools. Failure to comply or observe a direction will be considered a breach of the contract and sufficient grounds for termination of the contract. Human Resources Policies Page 198 . as part of their contract. In particular (and without limiting the scope of OHS training. plant and vehicles. displaying signs which are in Plain English or with simple visuals. literacy and numeracy with training generally in OHS training. Training Council will ensure training is provided to encourage the use of safety standards and the application of relevant legislation in the workplace.Contractors and employees of contractors All contractors and sub-contractors engaged to perform work on council's premises or locations are required. procedures and programs on specific health and safety equipment and will provide relevant instruction manuals written in plain English or with simple visuals. to comply with the occupational health and safety policies. Health and safety procedures within council relevant to the employee. Council will promulgate appropriate rules. including arrangements for reporting hazards to management. designing council buildings. including the use and maintenance of risk control measures. and How employees can access any health and safety information that council is required to make available to employees.

Human Resources Policies Page 199 . vary or revoke this policy.Variation Council reserves the right to review.

The OHS Consultation Statement can cover the type of information previously contained in an OHS Committee constitution. The following OHS Consultation Statement is based upon an example contained within the code of practice. The WorkCover NSW Health and Safety Code of Practice for OHS Consultation 2001 is a practical guide for meeting the duty to consult set out in the Occupational health and Safety Act 2001 and the Occupational health and Safety Regulation 2001. How employees will be consulted about OHS. One way of meeting these requirements is by preparing. The council should record: (a) (b) (c) The OHS consultation arrangements (including the relevant workgroups where the consultation arrangements involve OHS committees or OHS representatives). Human Resources Policies Page 200 . an OHS Consultation Statement.OHS consultation statement Reviewed November 2004 Aim The aim of this statement is to record council's OHS consultation arrangements and publicise these arrangements among existing and new employees. Issues to Consider The OHS Regulation requires that the employer record their OHS consultation arrangements and publicise these arrangements among existing and new employees. in consultation with employees. The code of practice should be referred to when establishing or reviewing OHS consultative mechanisms. How the OHS consultation arrangements were arrived at.

Where the OHS Representative cannot resolve an OHS issue it has been agreed that they will refer it to the OHS Committee. The management representatives are: NAME APPOINTMENT The OHS Committee will assist with the development and monitoring of safe work practices and systems. OHS Representatives The OHS Representatives that have been elected by employees are: NAME WORKGROUP The OHS Representatives have been elected in accordance with the procedures agreed between council and its employees for two year terms. Council will respond to OHS Committee recommendations within a timeframe agreed by the Committee.example Council commitment Council is committed to protecting the health and safety of all our employees and others at the place of work. OHS Committee The OHS Committee shall consist of four employee members and four employer representatives. The employee members of the OHS Committee are the four OHS Representatives. Human Resources Policies Page 201 . safety and welfare of all employees of council.Consultation Statement . The OHS Representatives are responsible for raising specific health and safety issues that arise in relation to the employees in their workgroup. Employee involvement at all levels is critical for ensuring a safe workplace. and discuss issues that affect the health. Employees should raise OHS issues directly with their supervisor or their OHS Representative. The workgroup for the OHS Committee is all council employees. set according to the particular issue and its complexity. safety and welfare of our employees. An OHS Committee and OHS Representatives will be established to promote safety and health in the workplace. Council will consult with employees in implementing safety practices and systems that will ensure the health.

the OHS Representative will consult members of their workgroup. an employee or the OHS committee. Establishment of consultation arrangements Council discussed establishing consultation arrangements with its employees in April 2002. it was agreed to establish OHS Representatives and an OHS Committee. After a number of information sessions and small group workshops with all employees. The OHS Representative will also feed back to their work group the outcomes of OHS Committee meetings.How employees will be consulted about OHS When an OHS issue is raised either by the council. Employees should draw to the attention of their supervisor or OHS Representative any health and safety concerns that they have about the workplace so the issue can be promptly addressed. Signed by General Manager Dated Human Resources Policies Page 202 . Review of consultation arrangements It has been agreed by council and its employees that these OHS consultation arrangements will be monitored and reviewed on an on-going basis to ensure that consultation with all employees is effective and that all safety issues are being addressed.

Specifically. Human Resources Policies Page 203 . Clause 15 of the Regulation deals with the employers obligation to provide personal protective equipment and ensure that: (a) (b) (c) (d) (e) (f) (g) the equipment provided is appropriate for the person and controls the risk for that person. and the equipment is stored in a place provided by the employer for the purpose. The requirements should be identified and reflected with council's safe work method statements. and the equipment is provided in a clean and hygienic condition to the person. and the person is provided with the instruction and training necessary to ensure that the equipment controls the risk for the person. and the equipment is properly maintained and is repaired or replaced as frequently as is necessary to control the risk for the person. and the person is informed of any limitations of the equipment. Personal protective equipment should be selected and used in accordance with WorkCover Authority approval (for equipment where approval is given) in compliance with the relevant Australian Standards.Protective clothing and equipment Reviewed November 2004 Aim The aim of this policy is to reduce the risk of injury. illness or work-related hazards by providing employees with protective clothing and equipment. and areas in places of work where personal protective equipment must be used are clearly identified. Is s u e s to c o n s id e r Legislation and regulations The Occupational Health and Safety Act 2000 (OHS Act) and the OHS Regulation 2001 contain provisions for protective clothing and equipment. Codes of practice and standards Codes of practice. in particular: Eye protection should comply with AS 1337 Eye Protection for Industrial Applications and be selected and used in accordance with AS 1336 Recommended Practices for Eye Protection in the Industrial Environment. Codes of practice will often indicate the requirement for use of personal protective equipment. Standards.

Care and Use of Industrial Safety Helmets. Human Resources Policies Page 204 . Work clothes and uniforms Work clothes and uniforms are not regarded as protective clothing. Awards and industrial agreements The Local Government Award provides for wide-ranging use and supply of protective equipment and clothing. Use and Maintenance of Respiratory Protective Devices.Respiratory protection should comply with AS 1716 Respiratory Protective Devices and be selected in accordance with AS 1715 Selection. Head protection should comply with AS 1801 Industrial Safety Helmets and be used in accordance with AS 1800 Selection. Hand protection should comply with AS 2161 Industrial Safety Gloves and Mittens (Excluding Electrical and Medical Gloves). Clothing for protection against chemicals should comply with AS 3765 Clothing for Protection Against Hazardous Chemicals. Foot protection should comply with AS 2210 Safety Footwear.

Policy statement - example
Applicability
This policy applies to all employees.

Council obligations
Council will comply with all relevant legislation and provide suitable personal protective clothing and equipment for all relevant employees.

Employee obligations
Employees have a legal obligation to comply with legislation and regulations which require the use of personal protective clothing and equipment, and to abide by council policy and instructions in their use. Employees must not interfere, misuse or alter without authorisation personal protective clothing or equipment provided for safety purposes.

Quality and suitability of personal protective clothing and equipment
All protective clothing and equipment procured by council must comply with the requirements of the appropriate authorities including, where applicable, the requirements of Standards Australia. Appropriate procedures for maintaining and checking equipment is essential to ensure the reliability of the equipment.

Employee consultation
When procuring new or replacement protective clothing and equipment, council will consult with the Occupational Health and Safety committee/representative(s).

Non-compliance by employees
An employee who, for medical or physical reasons, cannot wear protective clothing or use protective equipment, must give council an explanatory written statement signed by a medical practitioner. Council reserves the right to have the employee examined by a medical practitioner of council's choice. Council also reserves the right to redeploy the employee or take other action if necessary. An employee who breaches council's requirements for protective clothing or equipment will be subject to disciplinary action.

Variation
Council reserves the right to review, vary or revoke this policy.
Human Resources Policies Page 205

Workers compensation
Reviewed November 2004

Aim
The aim of this policy is to: provide to injured employees fair and equitable access to worker's compensation entitlements in accordance with council's statutory obligation; reinforce council's commitment to providing a safe and healthy work environment; provide procedures for investigation and discussion of workplace accidents, with a view to remedial action.

Is s u e s to c o n s id e r
Legislation
In 1998 new arrangements were introduced which placed a greater emphasis in workplace injury management of employees injured at work Further major reforms began on 1 January 2002 and include streamlined notification/claims processing. The objective is to provide more effective and prompt treatment of employees to assist their return to work as soon as possible consistent with medical advice. Under the new arrangement the following requirements apply: an employee must notify council of the injury immediately or as soon as practical. the council must notify the insurer within 48 hours if it appears the workplace injury is likely to result in the employee being incapacitated for 7 or more calendar days (this is called a "significant injury"). council must report all other injuries within 7 days. the insurer is obliged to begin weekly compensation payments within 7 days of being notified of the employee's injury, except if there is a reasonable excuse not to do so. These payments are known as "provisional liability payments". Such payments are not an admission of liability by the insurer or the employer. the injured employee is required to co-operate in any injury management plan developed by the insurer and return to work plan developed by council. failure to comply may affect compensation entitlements. council must comply with the injury management plan and, if necessary, provide suitable work.
Human Resources Policies Page 206

Status of the Workers Compensation Act 1987 The Workers Compensation Act 1987 (the 1987 Act) has not been repealed by the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act). In a practical sense reference should be made to the 1987 Act for the provisions relating to a worker's entitlements to compensation, the payment of benefits, medical expenses, access to common law remedies and other matters that relate to claims entitlement. The majority of the basic principles of entitlement and range of benefits are still contained in the 1987 Act and are to be read in conjunction with the 1998 Act. Legislation relevant to workers compensation includes the following: Workplace Injury Management and Workers Compensation Act 1998 Workers Compensation Act 1987 Workers Compensation (General) Regulation 1995 Workers Compensation (Workplace Injury Management) Regulation 1995 Workers Compensation (Insurance Premiums) Regulation 1995 Workers Compensation Transitional Regulation 1997

Definitions
Injured employee means an employee who has received an injury or sustained an adverse effect on health where employment was a substantial contributing factor. Compensation refers to entitlements under the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998.

Additional Information
WorkCover has released the following information kits and will release further guidelines in the future: Guide to Workers Compensation and Rehabilitation; WorkCover Benefits Guide; Medical Practitioner's Guide to Workers Compensation and Rehabilitation System. WorkCover Provisional Liability and Claims Guidelines

Human Resources Policies Page 207

Policy statement - example
Applicability
This policy applies to all employees.

Commitment to prevention
Council is committed to preventing occupational injury and illness by providing a safe and healthy working environment.

Minimisation of compensation costs
Council is committed to minimising its workers compensation costs by adopting appropriate risk-management strategies.

Implementation
This policy will be implemented through the procedures set out in the schedule which follows.

Variation
Council reserves the right to review, vary or revoke this policy.

Human Resources Policies Page 208

Procedure
Registering and reporting workplace injuries
Council will record workplace illness and injuries in a special register.

Notification of injuries
All employees are required to notify their supervisor or manager of any injuries received at work as soon as practical and with no undue delay. In the event that the immediate supervisor or manager is not available then the injury must be reported to the next level of management. The council will notify the insurer of all significant injuries within 48 hours after receiving notification from the employee. When an employee is injured in the workplace, the employee (or a representative) should report the injury to the employer's representative, immediate supervisor or other appropriate person, whether or not a claim for workers compensation is made. Council will report the accident to WorkCover when any of the following occur: accidents causing death or serious personal injury to employees or non-employees; work-related illnesses lasting at least 7 consecutive days; An occurrence prescribed within Section 86 of the Act or Chapter 12 of the Regulation

Investigation of workplace accidents
All workplace accidents must be investigated by the designated council officer in conjunction with any investigation required by law. A report on the accident should be given for discussion to the Occupational Health and Safety Committee which should consider initiating appropriate remedial action.

Processing of claims
When workplace illness or injury results in a claim for workers compensation, council must process the claim as quickly as possible and comply with legislative and regulatory requirements.

Human Resources Policies Page 209

Council will take all necessary steps to implement the Injury Management Plan consistent with medical advice. An injured employee must make all reasonable efforts to comply with the Injury Management Plan and to return to pre-injury duties as soon as practical. Dispute resolution Council will seek to resolve any disputes over worker's compensation Claims through consultation between council. When necessary specialist medical information may be sought by either the employee's treating doctor or by council for the purposes of seeking more accurate medical advice to aid the development and monitoring of an Injury Management Plan. Role of the treating doctor Council will seek at all times to co-operate with the treating doctor. Council. for their part. Human Resources Policies Page 210 . the employee and the insurer. If unable to resolve the dispute the matter will be referred to the Claims Assistance Service. will make all reasonable effort to provide suitable work for an injured employee.Injury management plan In consultation with the injured employee council will assist the insurer to develop an 'Injury Management Plan'.

for reason that the employee is not fit for employment as a result of the injury/illness. The application for reinstatement must be made within 2 years of the date of dismissal and a medical certificate proving fitness must be supplied. Further. within six months of the injury. Is s u e s to c o n s id e r Legislation The following legislation regulates occupational rehabilitation: Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Industrial Relations Act 1996 Under the Industrial Relations Act. 1996 it is unlawful to dismiss an injured employee. Human Resources Policies Page 211 . injured employees who have been dismissed on account of an injury arising out of or in the course of employment can apply to the Industrial Relations Commission for reinstatement to employment which is not more advantageous than the employment at the time of dismissal. and to help them return to work as soon as possible.Rehabilitation Reviewed November 2004 Aim The aim of this policy is to make occupational rehabilitation available to employees who sustain an occupational injury or illness.

Guidelines for Insurers. Handbook for Rehabilitation Coordinators Work Trial . WorkCover publications on rehabilitation Detailed requirements are contained in the following WorkCover publications: Guidelines for Workplace-based Occupational Rehabilitation Programs for large and medium sized businesses Managing Workplace Injury .Guidelines for Employers Training and Employment Programs for Injured Workers How to Organise Suitable Duties in Local Government.Information for Employers Small Business Standard Rehabilitation Program Workers Compensation Act 1987 (summary to be posted up at workplaces) Rehabilitation Information for Workers Rehabilitation Procedures . It is about getting injured workers back on the job as quickly as is safely possible.Definition Occupational rehabilitation Occupational rehabilitation is defined by WorkCover as the restoration of injured workers to the fullest physical. Employers and Rehabilitation Providers Confidentiality of Rehabilitation Information . psychological. social.Information for Employers Human Resources Policies Page 212 . vocational and economic usefulness of which they are capable.

Council will therefore ensure the occupational rehabilitation process begins as soon as possible after occupational injury or illness has been assessed. recognition that rehabilitation contributes to workplace health and productivity. This may involve council-nominated medical specialists or health professionals to support the treating medical practitioner. A copy of the list will be available to any employee who asks for it. List of rehabilitation providers Council. Workplace-based occupational rehabilitation program Council's workplace-based occupational rehabilitation program has been developed in consultation with the Occupational Health and Safety Committee/Representative(s) and will be consistent with WorkCover guidelines. of employment-related injury and illness. Medical assessment and specialist support Where liability is admitted or established. Components of the program Early rehabilitation intervention Council is committed to the early and successful return of injured or ill workers to the workforce. Human Resources Policies Page 213 . in consultation with the Occupational Health and Safety Committee/Representative(s).Policy statement . recognition of the costs. consistent with medical recommendation. will establish a list of preferred rehabilitation providers covering several areas of specialisation. council will facilitate early medical assessment of the injured or ill employee. commitment to rehabilitation by all interested parties. consistent with medical judgement. The principles underpinning this program are: early intervention.example Applicability This policy applies to all employees who suffer workplace illness or injury and require a program of rehabilitation. real and hidden.

Council will initiate whatever action is necessary if it is not satisfied with the progress or success of a rehabilitation program. council will develop a rehabilitation plan. cost of services. other medical specialists. council's medical practitioner/adviser. services to be provided. Monitoring the rehabilitation process Council will play an active role in monitoring the progress of rehabilitation programs. functional ability. This may involve liaison with the rehabilitation provider(s). vary or revoke this policy. relevant insurer. Variation Council reserves the right to review. and health professionals. duration of services. Human Resources Policies Page 214 . Each plan must adhere to the format set out by WorkCover and it must clearly identify: a return to work goal.Rehabilitation plans Where appropriate. Each rehabilitation plan will recognise the employee's: current medical status and prognosis. council will provide as part of the rehabilitation process suitable alternative duties for an employee who has suffered workplace illness or injury. objectives. Provision of alternative duties during rehabilitation Where reasonable and practicable. employment status.

Approval of referral to rehabilitation Approval for rehabilitation services up to and including the development of a rehabilitation plan may be given only by council or the insurer. Human Resources Policies Page 215 . regardless of who makes the referral. The choice of rehabilitation provider (who must be accredited by WorkCover) may be made by: council (normally from the list of preferred providers) either on its own initiative or upon authorisation by the insurer following acceptance or determination of liability. Council will refer ill or injured employees to rehabilitation providers as soon as possible on the basis that this referral does not constitute an admission of liability under the Workers Compensation Act. if neither council nor the employee has chosen a provider. employer. the insurer. treating medical practitioner or health professional. the employee's union. If liability is denied the employee may still use the services of the provider at the employee's cost.Procedures for rehabilitation Referral to rehabilitation A recommendation for use of occupational rehabilitation services may be made by any interested party: the employee. The rehabilitation provider must have the approval of council or the insurer. insurer or rehabilitation provider. the ill or injured employee. if they wish to use a provider other than a preferred provider.

instances of drug / alcohol abuse in the workplace should be treated as acts of serious misconduct and disciplinary action taken. the emphasis is on assisting the employee to break the cycle of abuse and thereby improve their work performance. The disciplinary action should be complimented by offers of support to the employee through council's employee assistance program or other external agencies such as specialist units at public hospitals. When is disciplinary action appropriate? Drug and/or alcohol abuse is an illness and should be recognised as such by council. Is s u e s to c o n s id e r Safety in the workplace and fitness for work Employees are obliged to present themselves for work in a fit state so that in carrying out normal work activities they do not expose themselves. Council's compassion or concern for the employee however must be tempered by responsibilities imposed by the OHS Act 2000 to ensure the health. Accordingly. safety and welfare of all persons in the workplace.Drug and alcohol free workplace Reviewed November 2004 Aim The aim of this policy is to ensure a safe workplace free from the effects of drugs and alcohol. Under this approach. Both the welfare of the individual and the health and safety of other people need to be considered. etc. Although disciplinary action may be necessary. their co-workers or the public to unnecessary risks to health and safety. Employers should also be aware that they may face issues of discrimination if a certain employee or employees are specifically targeted for testing. Where suspected drug/alcohol abuse is impacting upon an employees work performance but the abuse in not occurring. Human Resources Policies Page 216 . or overtly manifesting itself. in the workplace then a more conciliatory approach can be justified. this policy also focuses on preventative measures. In such cases. disciplinary action should be viewed as a last resort after it is clear that the employee is either unwilling or unable to break the cycle of abuse.

because drug testing in the workplace raises issues of privacy.Testing for drugs and alcohol Worksafe Australia considers that. Human Resources Policies Page 217 . The former Privacy Committee of NSW considered that drug and alcohol testing should be limited to certain justifiable circumstances including: where an employee's impairment by drugs poses a substantial and demonstrable safety risk to the employee or to other people. where the type of drug test to be used can identify the presence of a drug at concentrations which may cause impairment. where there is reasonable cause to believe that the employee to be tested may be impaired by drugs. coworkers or the public. Employees should be notified of testing programs rather than individual tests and of the consequences. it should be carried out only if 'substantial' risk existed for the employee.

due to alcohol or drug abuse. intoxication is the temporary loss of control. diagnosis and treatment should be based on work performance and related issues. over mental and physical powers. Absolute standards may be set for particular activities e.Definition Intoxication In general. Human Resources Policies Page 218 . driving motor vehicles.g. Referral for testing.

an employee should find out from their doctor or pharmacist what the effects of a drug which is prescribed for their consumption will be on work performance. reserves. safety and work performance. or affect their work performance.Policy statement . Drugs and alcohol in the workplace The use of drugs or alcohol in the workplace . if it is believed that the use of drugs or alcohol renders a risk to the health or safety of the employee.including council premises.for example. Prescribed drugs or medications An employee must advise their supervisor if they are taking any prescribed drug or medication which may affect their fitness for duty. such as an official farewell or a Christmas party. when council sponsors a social event. or doubt an employee's fitness for duty. parks. or any council building or physical asset . co-workers or the public. This policy is directed towards maintaining a satisfactory level of employee health. assists employees who voluntarily seek help for alcohol or drug dependence problems.example Applicability This policy applies to all employees. if a manager or supervisor has justifiable cause to suspect that an employee is under the influence of alcohol or drugs. Employees should be made aware that it is their responsibility to inform their manager or supervisor if they are likely to be subject to the effects of prescription medication whilst they are at work. Employees who suspect that they may be dependent on alcohol or drugs are encouraged to seek external clinical assistance or to participate in the employee assistance scheme. An employee may be removed from duty pending an urgent medical examination to determine fitness for duty. Participation by any employee in the employee assistance scheme will be regarded as confidential. impair their judgement. Consequently. The focus of this policy is drug and alcohol dependence which affects the work performance of the individual. The general manager may waive this requirement where circumstances warrant . Human Resources Policies Page 219 . vehicles. Council's rights when drug or alcohol use is suspected The general manager (or another appropriate officer) may have the employee removed from the workplace and may initiate any reasonable action considered necessary. plant. among other things. Employee assistance scheme Council will sponsor an employee assistance scheme which. significantly alter their mood.is prohibited.

council will continue to encourage the employee to seek appropriate counselling through council's Employee Assistance Program or another external agency.g. employee presenting for duty late and/or consistently hung-over or suspicious absenteeism due to alcohol / drug abuse) action is to be taken in accordance with the following procedure. Notwithstanding the above.g. Where such a warning is issued. Such action is permissible under provisions of the Award and reflects the serious nature of this offence.Drug and alcohol awareness program Council will support a drug and alcohol awareness program designed to inform employees of the dangers and consequences of drug use in the workplace and the availability of counselling. any further instance of alcohol or drug abuse will result in termination of employment. vary or revoke this policy. Human Resources Policies Page 220 . Non-compliance If an employee's performance is affected by drug or alcohol abuse council may initiate disciplinary action in accordance with council's policy and provisions of the Award. Drug/alcohol abuse affecting work performance Where it is suspected that drug/alcohol abuse is having a detrimental effect on an employee's work performance (e. Obvious instances of drug/alcohol abuse at work Employees are advised that obvious instances of drug and/or alcohol abuse whilst an employee is at work (e. being caught consuming alcohol/drugs at work) constitute an act of serious misconduct and will result in the employee being issued a "first and final warning". Variation Council reserves the right to review. turning up for work drunk or under the influence of drugs. rehabilitation and employee assistance schemes.

Procedure for dealing with drug or alcohol abuse affecting work performance
The procedure for dealing with drug and alcohol abuse is divided into three stages: Stage 1 - discussion between the employee and immediate supervisor; Stage 2 - discussion between the employee, supervisor, divisional manager and union representative (optional); Stage 3 - disciplinary action.

Stage 1
The employee and immediate supervisor should participate in Stage One. Circumstances may warrant the presence of an observer. The employee may request a union representative to be present. Procedural fairness must be observed. The following steps must be followed: The supervisor must clearly state the performance-related reasons for the interview - for example, punctuality problems, absenteeism, difficult interpersonal workplace relationships - and should restrict discussion to performance-related matters only. The employee must be given the opportunity to respond; The supervisor must clearly state what standards of performance are required or expected; Discussion should be directed towards identifying an underlying alcohol or drugabuse problem; The supervisor should offer assistance by referring the employee to an agency or encouraging the employee to participate in an Employee Assistance Scheme. (The employee is not bound to accept these offers. The employee's decision to accept or reject the offers should not influence council's subsequent actions); A time-frame for a review should be established. The employee should be informed of expected changes, on-going performance monitoring by the supervisor and the compulsory interview at the end of the review period; The employee should be made aware of possible consequences if there is no significant improvement.

Human Resources Policies Page 221

The supervisor should prepare a brief summary of the interview and give two copies to the employee. After reading the summary, the employee should sign one of the copies and return it to the supervisor. This copy should be placed under confidential cover on file. The review interview should be held at the prescribed time. The points discussed should respond exactly to those raised at the first interview; improvements should be acknowledged. Continuing problems, such as continued decline in performance, and any new performance-based problems should also be identified and discussed. The supervisor should again prepare a summary of the interview, which should be distributed and actioned as above.

Results of Stage 1
If all aspects of work performance and related matters have met performance standards and expectations, the supervisor should acknowledge this. The supervisor will then prepare a summary of the interview, distribute and action it as above and place a copy on the employee's file. If there has been no noticeable improvement, the supervisor must advise the employee that the matter will be referred to Stage 2. The supervisor will prepare a summary of the interview accordingly, and will refer the matter to the departmental manager or appropriate senior officer for stage two action. If there has been some improvement in one or more previously-identified areas and no decline in other areas, the supervisor will set a further remedial time-frame and review interview. The supervisor will prepare a summary of the interview accordingly, and distribute and action it as above.

Stage 2
The participants at Stage 2 should be the employee, supervisor, departmental manager or appropriate senior officer and, at the option of the employee, a union representative. Procedural fairness must be observed. Where appropriate, and prior to the interview, the supervisor will ask the employee's permission to obtain a report from the drug/alcohol rehabilitation agency on the progress of treatment. The following steps must be followed: The supervisor will provide details of unsatisfactory work performance and related issues and the steps that were taken to address the issues to that time. The employee will be given the opportunity to respond to the issues raised; The supervisor must clearly restate the performance standards required or expected;
Human Resources Policies Page 222

The supervisor should repeat any previous offer of assistance which has not been accepted; A time-frame for a review should be established. The employee should be informed of expected changes, on-going performance monitoring by the supervisor and the compulsory interview at the end of the review period; The employee should be advised of possible consequences if there is no significant improvement and that this represents a final warning. The review interview should be held at the prescribed time. The points discussed should correspond exactly to those raised at the formal interview; improvements should be acknowledged. Continuing problems, continued decline in performance and any new performance-based problems should also be identified and discussed. The supervisor should prepare a summary of the interview and distribute it to all parties who were present.

Results of Stage 2
If all aspects of work performance and related matters have met performance standards and expectations, the supervisor should acknowledge this. The supervisor will then prepare a summary of the interview accordingly, and distribute and action it as above and place a copy on the employee's file. If there has been no noticeable improvement, the manager or appropriate senior officer must advise the employee that the matter will be referred to the final disciplinary stage. This advice will also be confirmed in writing. The supervisor will prepare a summary of the interview accordingly for reference to stage three action and will distribute copies as before. If there has been some improvement in one or more previously-identified areas, no decline in other areas, and no identification of new areas of performance deficiency, the manager (or appropriate senior officer) will set a further remedial time-frame and review interview. The supervisor will prepare a summary of the interview accordingly, and distribute and action it as before.

Stage 3
Disciplinary action will be initiated in accordance with council's Disciplinary action policy.

Human Resources Policies Page 223

Smoke-free working environment
Reviewed November 2004

Aim
The aim of this policy is to create a smoke-free working environment.

Is s u e s to c o n s id e r
Medical research
Extensive medical research indicates that smoking damages health, including 'passive smoking'. As well the Federal Court has decided that there is a decision establishing a link between passive smoking and disease in non-smokers. Council therefore has an obligation, under the Occupational Health and Safety Act, to ensure the health and safety of their employees. Conversely, each employee has an obligation to co-operate with council in implementing occupational health policies, such as those which prohibit smoking in enclosed areas. As exposure to cigarette, cigar and pipe smoke is a health risk, council must take preventative action to minimise the exposure in areas under its control, for example, on council premises or in council vehicles.

Community attitudes
Community attitudes towards smoking have changed markedly in recent times. There is strong community acceptance of restrictions on workplace smoking.

Human Resources Policies Page 224

Policy statement - example
Applicability
This policy applies to all employees. Prohibition of smoking on council premises also applies to the general public, because this is deemed to pose an occupational health risk to council staff.

Smoking in the workplace prohibited
Smoking is prohibited in the following council areas: offices, enclosed public spaces, vehicles, garages, workshops, depots, caravans, enclosed access areas, lifts, stairwells, corridors, entrance lobbies, storage areas, lunch rooms, rest rooms, and toilets.

Support of 'quit' programs
Council will encourage employees' participation in 'quit' or equivalent programs.

Variation
Council reserves the right to review, vary or revoke this policy.

Human Resources Policies Page 225

CHAPTER 6: Staff Training and Development Human Resources Policies Page 226 .

industry. assessment guidelines. provide standards as benchmarks. be tailored to suit different industries. The endorsed components include: competency standards. These training packages include revised competency standards. recognise prior learning. assessment guidelines. union and educational bodies across Australia. be nationally consistent. occupations and educational programs. qualification levels and titles for the Australian Qualifications Framework. The National Training Reform Agenda was developed on the basis that training should: be competency-based. be industry-driven. be equitable and accessible. Training Packages include both (nationally consistent) endorsed and non endorsed components. qualifications framework and other training resources. provide for flexible exit and entry points. In late 1996 a new Vocational Training Framework was endorsed to make the national training and regulatory arrangements simpler and more flexible. be portable. Human Resources Policies Page 227 . Each industry has been given the opportunity to develop an industry training package to suit its needs.A national development Reviewed November 2004 approach to training and Over the past decade a series of initiatives collectively known as the National Training Reform Agenda have been proposed by various governmental.

assessment materials . A document which lists all competencies achieved will accompany the qualification. information on professional development. Use of these components is not mandatory to achieve the qualification. Assessment describes how to judge whether a trainee has achieved the standards of competency that an industry requires. from state to state and from industry to industry. and form the basis for issuing national qualifications and statements of attainment. Competency standards National competency standards are developed by each industry and endorsed nationally. They form the benchmarks for training and assessment. Qualifications should include details of all competencies that have been assessed. Guidelines provide ways to ensure that assessments of competency in the workplace or in an institutional setting are valid and reliable. These will be nationally recognised and fully portable.on the job.Non-endorsed components include: optional learning strategies. or a combination of these. Evidence collected by an assessor confirms that a person can apply the relevant competencies in the workplace. off the job. Some qualifications in training packages are identified as apprenticeships or traineeships. Skills are assessed in a variety of ways . Qualifications National qualifications are packages of competency standards that an industry has identified as relevant to a particular level. National competency standards will be directly related to the AQF. Human Resources Policies Page 228 . The emphasis is on practical rather than theoretical skills. Assessment guidelines Assessment guidelines contain advice on specific industry arrangements to assess competencies achieved by trainees.

Human Resources Policies Page 229 . to develop training plans and a training budget consistent with a council's size. to satisfy specific award conditions which include time off and reimbursement of fees and expenses. 6 of these are relevant to the vocational education and training (VET) sector. The qualifications are: Secondary Schools Sector Vocational and Education and Training Sector Higher Education Sector Doctoral Degree Masters Degree Graduate Diploma Graduate Certificate Bachelor Degree Advanced Diploma Diploma Senior Secondary Certificate of Education Advanced Diploma Diploma Certificate IV Certificate III Certificate II Certificate I Award requirements The Local Government Award places emphasis on training and makes the following commitments on behalf of councils and their employees: to develop a more highly skilled and flexible workforce. structure. There are 12 qualifications in the AQF. operations and needs (whether courses are provided internally or externally) having regard to corporate. to remove barriers to the use of acquired skills. to provide employees with career opportunities through training.The Australian Qualifications Framework (AQF) The AQF is a national framework for all qualifications for all education and training qualifications in Australia. departmental and individual training needs in consultation with the consultative committee.

departmental and individual training needs should be taken into account when developing training plans. which should be designed in consultation with the consultative committee. the size. recognition of prior learning. the need to develop vocational skills relevant to council and the Local Government industry. ensure selection of participants to receive training is in accordance with council's training plan and is based on merit and on the needs of the employee as identified in their performance appraisal. specific items which include the selection of staff to participate in training. leave to undertake training activities and the content of entry-level training. a requirement for policy to be readily capable of review and amendment. Council training plans should: provide for training that is consistent with industry and/or nationally-determined competency-based standards where possible. training needs specific to a council. structure and nature of the operations of the council. Corporate. council's human resource management plans and strategies. accreditation of training and training providers. Training plans The Local Government Award requires each council to develop a training plan and budget. provide for the assessment and recognition of employees' current competencies where possible. Human Resources Policies Page 230 . This must be consistent with: the current and future skill requirements of the council.Factors affecting the development of training policies are: available physical and financial resources.

Such analysis can be carried out across or in a particular division. careful selection of training programs. the Local Government Act. and which in turn influence training. involvement of council's consultative committee. They define the mix of skills used. Factors affecting the development of a training plan include: the impact of a skills-based award. training is required when an employee's performance is deficient. high levels of employee motivation. There are several different approaches to conducting skills and training needs analysis including interviews. integration of training with council's corporate strategies and training philosophy.enable employees to acquire the range of skills they are required to apply in their positions and enhance employees' opportunities for mobility through councils' organisation structures. A simple indicator is the "performance gap". skills available or skills needed. outcomes of skills and training needs analyses. questionnaires and observations and structured group processes. and quality implementation and presentation. that is. as would be the case in a work design project. Human Resources Policies Page 231 . Skills analysis and training needs analysis provide a more elaborate framework for determining training and development requirements. which requires councils to develop equal employment opportunity and human resource management plans. Determining training and development needs Effective training and development depends on: accurate and valid needs analysis and assessment. There are numerous ways to determine training needs.

language. literacy and numeracy needs. knowledge and their application to meet industry standards. OHS Act and Regulation and EEO legislation. council and community attitude and policy towards workplace change. multi-skilling. Training directly assists the day-to-day smooth running of council: by improving performance it can increase productivity. succession planning and career development. organisational objectives and culture. Competency-based training and training and development programs Competency-based training (CBT) is training concerned with the attainment and demonstration of specified skills. multi-tasking. A competency-based training system involves the delivery. such as the Local Government Act. Common. job/work redesign. by encouraging personal development it can promote higher levels of literacy and numeracy thereby: Human Resources Policies Page 232 . Integrating training with other human resources functions To realise real productivity gains and organisational improvements. councils must plan and manage training activities and resources. The Local Government industry now has a set of national competency standards that establish the competencies required for effective employment in Local Government (see previous section).Other factors to consider when determining training and development needs include: legislation. workforce planning. technological and organisational change. core and elective competencies that are required for effective performance at different industry levels are identified within the standards. This can be contrasted with an individual's achievement relative to that of others in a group. assessment and certification of training against industry endorsed competency standards. quality assurance and job satisfaction.

the employee's current level of performance has to be known and a decision made as to whether it would be improved by training. improving client/customer relations skills. However. Human Resources Policies Page 233 . harassment issues.◊ ◊ ◊ ◊ improving interpersonal skills. Job analysis and performance assessment Training increases the potential for improved employee performance by enhancing employee ability. It may also improve employees' capacity to participate in and contribute to shaping the workplace culture. in order to provide the appropriate training. training and development is as important as other aspects of human resources management. Remuneration and benefits Successful implementation and maintenance of training and development programs is complemented by establishing remuneration systems and strategies that provide incentives to employees to acquire skills and to perform. Clearly. workplace negotiations and equal employment opportunity initiatives. and should not be seen as a separate or isolated function. Recruitment and selection The extent and sophistication of council's training and development programs will affect whether council chooses to recruit trained individuals or train and develop current employees. Employee relations and industrial relations Training may be used to raise employees' awareness of new issues and developments in employee relations and industrial relations such as employee grievances. and facilitating a greater organisational acceptance of change. enhancing employee morale. Human resources planning Personnel and human resources planning requirements establish the general context within which training and development takes place. Job analysis together with performance assessment is necessary in order to establish and implement effective training programs.

Human Resources Policies Page 234 . Training helps reduce the number of accidents by teaching employees correct ways to operate workplace equipment and sound workplace safety practices.Occupational health and safety Training and development plays a vital role in the successful implementation of occupational health and safety policy and practice and is a legal requirement.

and how the training plan is developed. council must provide the necessary financial and human resources and clearly allocate responsibilities for the training function. Methodology The table on the following page outlines a simple approach and methodology for the development of training plans as outlined in the following. This procedure may benefit from input from the sources listed below: ◊ ◊ ◊ ◊ ◊ ◊ ◊ ◊ skills audit job/skills analysis up-to-date position descriptions national competency standards interviews of managers and supervisors career path/progression information performance appraisals appropriate or available training/providers there must be a mechanism for the review of the training plan. having regard to corporate. Human Resources Policies Page 235 . there must be a procedure for determining which employees need to be trained . the responsibility for input into the training plan. the training plan must be compatible with the management plan. a training needs analysis must be undertaken to assess the current and future needs of the organisation. such as a consultative committee or a sub-committee of the consultative committee.Developing a training plan Reviewed November 2004 Prerequisites There are certain prerequisites for developing an effective training plan and budget: council must be fully committed to the process. there must be a mechanism for consultation. This table identifies: the source of the training plan. departmental and individual training needs.

supervisors/assessors document the corporate training needs arising out of skills/competency/performance assessments in the space provided on the Position Description and Competency (Skills) Assessment Record for inclusion in the training plan by the Human Resources Manager. Human Resources Policies Page 236 . departmental plans. Identified training needs are documented in the training plan format.In this particular example. Staff submit individual training activities approval forms. and having due regard to legislation. and referred to the Human Resources Manager. management plan objectives. the annual training plan is developed by the responsible managers and supervisors/assessors in consultation with staff. who co-ordinates the input into the Training Plan. Directors and the responsible managers identify the core/common training needs arising out of legislation/management plan objectives and departmental plans for inclusion in the annual training plan and budget in March each year. and applications for staff education assistance by March of each year for inclusion in the annual training plan and budget. In consultation with staff. skills/competency and performance assessments.

training needs which are driven (required) by the organisation. such as traffic control. and referred to the Human Resources Manager. confined spaces training. such as: Induction of all new employees.e. and priority ⇐ Individual Staff ⇒ Model training plans Two examples of training plans are provided in this section. and Training Activities Approval Forms are to be submitted in time (by March of each year) for inclusion in the annual training plan and budget. ⇐ ⇐ Sources Legislation Management Plan Objectives Departmental Plans the type of training by department the reason for the training the method and resources estimated/actual costs the target group/ person ⇐ ⇒ ⇐ ⇒ ⇒ Competency and Performance Assessments ⇒ ⇒ target dates and frequency. The model training plan set out in Example 1 (on page 6-15) has been developed in a format suitable for input/inclusion in the annual budget. first aid training etc. who will co-ordinate the input into the training plan. The identified training needs are documented in the training plan format. basic OHS training. Human Resources Policies Page 237 . Source of training: Management Plan and Departmental Objectives/Needs Analysis/Skills Shortage. Application for Staff Education assistance.Developing the training plan The Training Plan The training plan will include: ⇒ Responsibility for input Directors and the responsible managers identify the training needs arising out of legislation/management plan objectives and departmental plans for inclusion in the annual training plan and budget in March each year. training which is required by staff across the organisation. In consultation with staff. supervisors/assessors will document the training needs arising out of the Performance Review form for inclusion in the training plan by the Human Resources Manager. The type of training is listed under the following categories: corporate (common) core training i. organisational training i.e. and training in the Code of Conduct. Source of training: Legislative Requirements/Management Plan Objectives/Needs Analysis. chainsaw operation.

consultant (trainer) fees. training which is employee driven. travel costs. individual skill gaps. accommodation and meal allowances. Estimated/actual costs are listed. The methods of training are listed. and is identified through the competency and performance assessment system. training materials. Reasons for training are listed. Source of training: Competency and Performance Assessments/Personal Career Development Activities. course fees. field days/workshops. self paced learning. legislative requirements. in-house course. Resources required are listed. other. career development. seminars and conferences.individual training i.e. These may be: access to computer terminals/other equipment. or other staff development activities. for example: achievement of management plan objectives. Human Resources Policies Page 238 . competency progression requirements. tertiary study. professional development. Training costs might include: staff time (operational staff). training venue/training equipment. These may be: on-the-job. or other costs. external trainers/consultants. skill shortages. new technology. access to plant/vehicles. external course. staff time.

and those professional development activities not required by council. For example. Note: Low priority training has been defined as training which is beneficial to council. or low priority. specific occupational groups. personal career development. These include: target date for the training to be completed. target groups might include: all new employees. but not essential e. other. frequency of the training if ongoing. The target dates and frequency are shown.g. individual employees all staff. Training is prioritised as either: high priority.Target group/person and the numbers to be trained are listed. Human Resources Policies Page 239 .

Staff time. 11/12/2004 Low Traffic Control. Consultant fees. Course attendance. High Individual examples Introduct-ion to Rating MBA Program Managing and Growing Trees Conference Training Competency based progression. travel. Jackson Finance Clerk I Amkeen 11&12/11/04 High $750-00 2004 and ongoing. $4. In-house . WorkCover requirement. Half day inhouse training by computer support staff. Examination leave. staff and 6 Parks & Reserves staff. Professional development. 19 to 21/10/2004 Low $1. Induction To ensure that Program all new employees are adequately inducted into the workplace.formal (2 hours per group). Half day inhouse. Consultant fees.examples E-mail To ensure that E-mail is fully utilised by all employees with access to computer terminals.750 (fees) All staff 10/9/2004 High All staff 5/11/2004 High Organisational Training .Example 1 Type of Training Reason Method/ Resources Estimated /Actual Costs Target Group/ Person Target Dates and Frequency Priority Core (Common) Corporate Training . $1. accommod. Course fee.The training plan shown in Example 2 (page 240) presents a simpler approach. In-house formal. Personal career development. Staff time. $3.examples Code of Legislative Conduct requirement OH&S Manual Handling Improved safety and risk management.500 (fees) Staff time. Staff time.000 (fees) All internal staff. time All Internal staff. Staff time. Staff time. Staff only. Consultant fees. Workplace Communication To enhance customer service and improve internal communication . Consultant fees. ITC -2 day external course in Sydney.200 (fees) 6 Const’n & Maint. 1/8/2004 High On-the-job instruction by Personnel Section and supervisor. & meals. $4. Induction kits. Training plan . Staff time. Staff time and induction kits. Staff time. All new employee s On appointment. Staff time. $250-00 R. One day in house. Fees. High Staff time.145-00 A Greentree Low Human Resources Policies Page 240 . Three day conference. 16/9/2004an d ongoing.

Org Dev Counter staff Receptionist s Librarians Env health & building surveyors All new employees By Mar $5000 To conduct an induction of all new employees within one month of commencement To provide integrated information systems which are relevant. Training provided on time and within budget.Corp Serv New members By Mar $1000 On going $6000 Env health surveyors Engineers Librarians Human Resources Policies Page 241 .6 HR Plan 5. Positive customer feedback.1 Consultative Committee Mgr .Eng Serv Target groups outdoor staff Timing/ cost By Jan $7000 Performance measure Training completed on time and within budget.HR On going $2000 Computer Mgr . Professional staff attend courses and implement modern practices and procedures.2 Induction Mgr .Training plan . functional and provide requirements in accordance with the Local Government Act 1993 To establish a single operator.Eng Serv Dir .Env Health Waste services Env Health Division By Feb $3000 To train new members of the Consultative Committee Cnl Res 11/01 Consultative Committee To keep professional staff informed of recent developments Cnl Res 11/01 HR Plan 5. At least a 5% reduction in workplace accidents achieved. Training provided on time and within budget.9 Program area/ responsibility Occupational Health and Safety Dir . Training completed on time and within budget. Positive customer feedback. More effective use of data Training provided on time and within budget.5 Plant Operation Dir . Members able to participate.4 Mgt Plan 7.Env Health Dir . To reduce the number of workplace accidents by at least 5% throughout the organisation To improve customer service delivery throughout the organisation Customer Service Mgr . domestic garbage collection Mgt Plan 6. Faster communication flows.Inf Serv Corporate services Engineering services By Jan $3000 By Jun $4000 Mgt Plan 7.HR Continuing Professional Development Dir .2 Mgt Plan 2. Increased staff awareness of organisation and customer requirements.Example 2 Objectives Link ages Mgt Plan 3.7 HR Plan 4. Service operating effectively. All new employees attend session within one month of commencement. Members able to participate.

The OHS Regulation 2001 requires that each new employee receives induction training that covers the following: Arrangements at the place of work for the management of occupational health and safety. how to fill in time sheets.for example. The on-the-job component may be satisfied by assigning a workplace mentor to a new employee. conditions of employment. How employees can access any health and safety information that the employer is required by the Regulation to make available to employees. and Human Resources Policies Page 242 . including arrangements for reporting hazards to management. management plan and divisional plans. safe working practices and common operating procedures . Council has a responsibility. Induction programs should accommodate employees with low literacy levels or for whom English is a second language. as part of its duty of care. The off-the-job component may be addressed by formal induction programs and presentations. to ensure that new employees are not only made aware of council requirements and practices. Health and safety procedures at the place of work relevant to the employee. but are also given guidance and assistance to ensure that their entry into the work environment is smooth and safe. Others may need only the documentation that relates to their job.Induction for new employees Reviewed November 2004 Aim The aim of this policy is to set guidelines for the induction of new employees. It may have two components: off-the-job and on-the-job. including the use and maintenance of risk control measures. Is s u e s to c o n s id e r What does induction or orientation involve? Induction is a category of compulsory training. how to apply for leave and flexitime and RDO arrangements. Some new staff may want corporate information such as the corporate plan. Program content Induction programs should be designed to suit their audience.

Any other matter that the Regulation specifies should be the subject of induction training and that is relevant to the place of work concerned having regard to the competence. including the construction. maintenance and demolition of all types of buildings. water and energy supplies. wells. inland waterways. alteration. 'Construction work" is defined as: (a) (b) (c) "excavation. and works related to the provision of services such as communications. Program delivery Induction programs may be presented face-to-face to individuals or groups. civil engineering. drainage. for example. maintenance and demolition of. repair. tunnels and pier holes. and the use of caissons and cofferdams. repair. The Regulation further requires that employees engaged in construction work undertake OHS induction training as specified within the Regulation. renovation. viaducts. ditches. roads and highways. airports. structural alteration. Human Resources Policies Page 243 . including the excavation or filling of trenches. sewerage. bridges and tunnels. including the construction (including the manufacturing of prefabricated elements of a building at the place of work concerned)." Timing New employees should go on an induction program as soon as possible. culture and safety requirements. river and avalanche and sea defence works. harbours. experience and age of the new employee. docks. railways. shafts. This will help them understand council's work methods. building. dams. sometimes it may suffice to give individuals a self-orientation kit.

example Applicability This policy applies to all new employees.Policy statement . vary or revoke this policy. Induction is compulsory Unless the general manager decides otherwise. all new employees will go on an induction program within 1 month of commencement. Human Resources Policies Page 244 . Variation Council reserves the right to review.

Self-orientation kits Employees who are not required to attend an induction presentation will be supplied with self-orientation kits to familiarise themselves with the conditions. Nominating a workplace mentor Wherever possible.Procedure Approval of induction programs The type of presentation. an employee at the same level or classification as the new employee will be nominated to act as mentor. Council acknowledges that the mentor may need to devote considerable time to providing guidance and assistance for the first week or fortnight of the new employee's employment. Human Resources Policies Page 245 . policies and practices of council. requirements. The mentor will help orientate the new employee to the workplace and will ensure that the on-the-job component of the induction program is undertaken. frequency of presentation and content of the induction program is subject to the approval of the general manager or appropriate officer.

imminent.procedures.philosophy and policies. protective clothing and equipment. superannuation provisions. evacuation etc. workplace accidents and illness . and organisational and divisional .recently completed.policy and practices. Human Resources Policies Page 246 . grievance resolution procedures. how to apply for leave. flexitime and RDO arrangements. basic conditions of employment. recruitment and selection .philosophy and policy. equal employment opportunity . policy and review. ongoing. ID cards . etc. planned. awards and agreements. time sheets and costing conventions. position descriptions. performance assessment and review. occupational health and safety .reporting procedures.procedures for fire. punctuality. management plan.relevant information.strategy. attendance and leave. remuneration and benefits . options and arrangements. important council projects . approval processes. hours of duty. divisional and other associated plans. documentation required for sick leave. workers compensation. sexual harassment .Checklist of matters for consideration in an induction program council's aims. and proforma individual performance plans. emergencies . the city/municipality/shire area . selection.correct use and limitations. staff training . leave provisions. pay arrangements. standard of behaviour and dress (uniforms etc).policy and procedures.

familiarisation with use of computer system and telephone system.procedures for dealing with the public (rules on giving verbal advice are now very important!). Human Resources Policies Page 247 .

Compulsory training Reviewed November 2004 Aims The aim of this policy is to provide guidelines for compulsory training. without a reasonable excuse. council shall either provide transport or pay reasonable travelling expenses to enable employees to attend course requirements. Is s u e s to c o n s id e r Award Clause 25 (iv) of the Local Government Award provides that where an employee is required by council to undertake training in accordance with the council's training plan: the council shall grant the employee paid leave to attend course requirements including examinations where the training is undertaken during ordinary working hours. and reasonable travel arrangements shall be agreed. where an employee is required to complete major assignment(s) council and employee shall agree upon appropriate flexible work and study arrangements as are practicable. Attending compulsory training Compulsory training is regarded as part of an employee's duties. where the course requirements contain more than a 15% off-the-job component calculated over any 12 month period the extent to which council will grant paid leave to attend such course requirements shall be specified in the training plan. so the employee does not have to seek leave in order to attend. Non-attendance. may present grounds for disciplinary action in the same way as would neglect of duty. council shall pay course fees at the commencement of each stage but shall not pay course fees if the employee is repeating. Human Resources Policies Page 248 .

Workplace need.Selecting employees for compulsory training Participants for compulsory training can be selected on the basis of merit and the needs of the employee as identified with employee's performance appraisal. employee availability and the capacity of the workplace to make alternative arrangements (taking advantage of seasonal fluctuations in workload etc) will have to be considered. Human Resources Policies Page 249 .

agreed training as identified in individual training plans for the purpose of progression through the salary range of the position. traineeships. Employees who participate in compulsory training will not lose ordinary pay as a result of doing so. occupational health and safety. licences etc). Compulsory training may be provided directly or indirectly by council and may be either prerequisite or co-requisite to the employee's tasks. including basic safety. certificates.Definition Compulsory training Training designated by council to be a necessary requirement of employment is compulsory or required training. prescribed programs at educational or other institutions (for apprenticeships. It may have to satisfy statutory or council-determined requirements. Human Resources Policies Page 250 . Compulsory training includes but is not limited to: induction.for example. retraining due to changed working conditions . procedural and equipment training. the introduction of new equipment and technology.

and reasonable travel arrangements shall be agreed. Conditions and entitlements If an employee is required by council to undertake training in accordance with the council's training plan: council will grant the employee paid leave to attend course requirements including examinations where the training is undertaken during ordinary working hours. Selecting employees for compulsory training Selection of employees for compulsory training programs will be made on the basis of merit and the needs of the employee as identified in the employee's performance appraisal. Failure to attend The disciplinary procedures in the award will be followed in cases where employees fail to attend without reasonable excuse. where the course requirements contain more than a 15% off-the-job component calculated over any 12 month period the extent to which council will grant paid leave to attend such course requirements shall be specified in the training plan. where an employees is required to complete major assignment(s) council and Human Resources Policies Page 251 .example Applicability This policy applies to all employees who are undertaking training in accordance with council's training plan. Attendance as a requirement of employment Attendance and participation in compulsory training is regarded as part of an employee's prescribed duties and responsibilities.Policy statement . council will either provide transport or pay reasonable travelling expenses to enable employees to attend course requirements. This will include the assessment of individual and organisational needs and the capacity of the workplace to schedule and arrange the release of selected employees. council will pay course fees at the commencement of each stage but shall not pay course fees if the employee is repeating.

vary or revoke this policy. Variation Council reserves the right to review. Human Resources Policies Page 252 .employee shall agree upon appropriate flexible work and study arrangements as are practicable.

workload. Assistance and leave for employees who undertake optional training Council may decide to grant an employee leave with pay or leave without pay so that the employee can attend a course. benefits and costs of training.Optional training Reviewed November 2004 Aim The aim of this policy is to provide guidelines for selection.but not paying wages. but not at council's direction. Council should consider the following when it has to decide whether or not to approve a request for optional training and assistance: relevance of training to proposed or ongoing work. Is s u e s to c o n s id e r Award Under clause 25 (v) of the Local Government Award. a higher level of support than would otherwise be the case. attendance and leave for optional training. council will give preference in granting annual leave or other accrued leave for the purpose of attending the training. paying fees and providing transport . Employees must give reasonable notice of course requirements. The Award requires that. Human Resources Policies Page 253 . Other forms of optional assistance may include: granting leave without pay to attend course requirements provided that the employee gives reasonable notice of such requirements. paying a proportion of the cost of training. council may grant an employee undertaking training consistent with council's training plan. where leave with pay or leave without pay is not granted.

It can. the employee is obliged to attend the training program. for example. action which should be considered if the training is unsuccessful or the employee withdraws. Definition Optional training Optional training is training that is consistent with council's training plan but not a requirement of it.timing of the training. Employee obligations Once assistance has been approved for optional training. be used to improve an employee's opportunity for promotion or transfer to other positions within council. Human Resources Policies Page 254 . resource limitations.

example Applicability This policy applies to all employees except casuals. Human Resources Policies Page 255 . Failure to attend or lack of progress Paid leave to attend optional training will be withdrawn if the employee fails to meet training requirements or if it can be demonstrated that their attendance at training has resulted in unsatisfactory performance at work. Selecting employees for optional training Employees will be selected for optional training on the basis of merit. Variation Council reserves the right to review. Type of assistance Council will provide paid leave of absence of up to 10 days per annum to undertake course requirements provided the training is consistent with council's training plan and provided the cost of the leave is within council's training budget. vary or revoke this policy.Policy statement .

The Local Government (Electricians) State Award specifies rates of pay and conditions for employees undertaking entry level training. These orders: set the term of the apprenticeship or traineeship. The Commissioner for Vocational Training has authority to cancel. consistent with council's training plan and the award. Apprenticeships and trainee employment Trainees and apprenticeships are covered by the provisions of the Apprenticeship and Traineeship Act 2001. The award provides different rates of pay and conditions for employees in government funded traineeships.Apprentices. The Act makes provision for the making of vocational training orders for a particular recognised trade vocation or recognised traineeship vocation. determine the appropriate probationary period. vary or suspend the training contract. traineeships Reviewed November 2004 trainees and government Aim The aim of this policy is to establish guidelines for apprentices. Employees undertaking entry-level training fall into two categories . Is s u e s to c o n s id e r Awards Clause 24 (Junior and Trainee Employment) and Clause 25 (Training and Development) of the Local Government Award specifies rates of pay and conditions for employees undertaking entry-level training and juniors with the exception of employees governed by provisions of the Local Government (Electricians) State Award. trainees and government funded traineeships.apprentices and trainees. determine the appropriate course(s) of study. Human Resources Policies Page 256 . A vocational training order can also establish or vary the conditions of training contract and can specify the responsibilities and obligations of the employer and the apprentice. determine the appropriate on-the-job training.

Human Resources Policies Page 257 .Government funded traineeships Employees appointed under government funded traineeships cannot displace existing employees and are in addition to existing staff positions and employment levels. A traineeship agreement must be registered with the relevant State Training Authority.

reviews of performance in tests or assignments. Continuing employment is dependent on the availability of suitable vacant positions. Commitment Council is committed to providing training to enhance skill levels and future employment prospect of trainees through labour market progress. Apprenticeships and traineeships as fixed-term positions Apprenticeships and traineeships are regarded as fixed-term positions. Human Resources Policies Page 258 . If progress is unsatisfactory the general manager will take appropriate action consistent with the provisions of the training contract. liaison with teachers and lecturers and detailed consideration of course results. Principles for employing apprentices and trainees Council through workforce planning supports: apprenticeships in selected trades. Monitoring. assessments of on-the-job performance.example Applicability This policy applies to all apprentices and trainees. traineeships involving entry level training. and appointment to positions will be in accordance with the Local Government Act and council's procedures. This may involve face-to-face interviews. Apprentices and trainees who have completed their training contract will not automatically be given a new position to match their new qualifications. Apprentices and trainees will remain employed while they complete their qualifications providing that their progress at work and in their studies is satisfactory. evaluating and reviewing progress The general manager (or another appropriate officer) will regularly assess the progress (work and study) of apprentices and trainees.Policy statement .

Variation Council reserves the right to review. deferment. vary or revoke this policy Human Resources Policies Page 259 . All decisions about variation and deferment must be consistent with the relevant legislation and training contract. withdrawal and termination If an employee wishes to vary.Variation. they must first discuss the matter with the general manager (or another appropriate officer). defer or withdraw from the training contract.

The success of integrated LLN training is dependent upon the use of plain English and simple visuals in workplace training. Literacy and Numeracy Integration Project. literacy and numeracy Reviewed November 2004 Aim The aim of this policy is to set a framework for the integration of language. For example. What is integrated LLN training? Integrated LLN training simply means considering the content and methodology of training in an LLN context rather than separating LLN training from vocational or workplace training. If assessment includes a question that is not understood. in conjunction with the appropriate LLN integrated training. and a more productive workforce because training has been effective. the answer will not be an assessment of the measured competency. Literacy and Numeracy with Training in Local Government'. Training should be relevant to the workplace. Strategies to overcome poor LLN The strategies required follow a logical sequence. will in turn assist EEO policy observance as they will be better understood. is there a Plain English Policy relating to issuing spoken and written instructions. which was published as one of the outcomes of the 1996-97 WELL Local Government Language. Human Resources Policies Page 260 . the LLN context of the workplace should also be considered. Because training is based on the workplace. Is s u e s to c o n s id e r The context of this policy This policy is based on 'A Framework for the Integration of Language.Language. does it include workplace signage? A Plain English Policy. The benefit from an EEO or cost/benefit analysis is that there is greater access and participation in training. Assessment prior to and following training should consider the LLN context. literacy and numeracy (LLN) with workplace training.

which have included LLN. or employees from certain backgrounds or age groups. develop a commitment to consult and collaborate with other councils. There should be an intention to improve workplace communication at all levels of the organisation and with external clients. The inclusion and integration of LLN should occur as early as possible in the training planning cycle. the objectives of a workplace communication policy should be to: ensure that all internal and external documents are written in clear. enterprises. Human Resources Policies Page 261 . development and assessment The inclusion of LLN in staff training and development and assessment policies requires: the integration of training in workplace LLN with workplace training and assessment in other workplace skills. where possible. assist all employees to develop their LLN skills so that they are equal to the current demands of their job and to any increased LLN demands which might stem from changes to their work in the foreseeable future. government departments and training providers to facilitate the integration of LLN with training and to share expertise and resources.Program components Development of a workplace communication policy Communication breakdowns may occur at all levels of an organisation. institutions. individual needs. the provision of the LLN components and their assessment should be negotiated. Where training is negotiated between stakeholders. Accordingly. outcomes of any formal or informal. plain. They do not result merely from the perceived LLN difficulties experienced by: some employees at certain levels of the organisation. userfriendly language and complimented with simple visuals when appropriate. LLN in training. should be considered within an EEO context. general enterprise or divisional skills audits or training needs analyses. a commitment to develop LLN skills of all workers to meet enterprise and. training in LLN skills integrated with training for work.

where integrated training is to be offered to all employees. providing relevant flexible delivery modes (for example. as far as possible. individual assessments would not be required. No assessment of workplace communication skills should be carried out to identify employees who do not have 'appropriate' LLN for the purpose of recommending them for separate. or specific LLN competencies. or where necessary. As far as possible. end-on workplace communication training. should only be included in individual training plans following negotiations and agreement amongst all stakeholders. In this case. opportunities for guided practice within the workplace. the adaptation of training materials. When necessary. external sources of LLN support to assist with the planning and delivery of LLN-integrated workplace training (for example the WELL program). the assessment of workplace LLN competencies should be integrated with the assessment of other vocational competencies. using. Any assessment of workplace communication skills should occur. Such assessments should not address generalised LLN skills. Assessment of workplace communication skills The decision to undertake the assessment of individual workplace communication skills requires careful consideration. Development and adaptation of material involves: designing and delivering training and assessment in such a way as to maximise opportunities for all participants in training to achieve vocational competencies regardless of their LLN levels. tutoring and mentoring. workplace communication skills. reassessment. Human Resources Policies Page 262 . appeal mechanisms. a generalised understanding of the difficulties faced by workers in a particular department or section may be enough. methodology and/or assessment processes to suit the needs of a range of participants with varying levels of LLN competence. For example. describing avenues of post-training support offered within council to enable trainees to achieve competencies which they did not at first achieve (for example.development. in the authentic workplace context using authentic workplace tasks and documents. self-directed or computerbased learning) to increase accessibility of training by taking account of a variety of learning styles and individual needs as well as workplace locations and contexts. whenever possible. and counselling).

Human Resources Policies Page 263 .

multiplication and division. Literacy and Numeracy with Workplace Training: a Course for Trainers in Local Government. Literacy and Numeracy in Local Government. Literacy Literacy is communication by written and visual means. Assessment Assessment used in a broad sense to include recognition of prior learning. recording and calculation. Workplace communication Workplace communication embraces language.org. Special resources Council staff with responsibility for the integration of LLN with training may find the following special resources useful: A Framework for the Integration of Language.lgsa. and application in measurement.Definitions Language Language is used in this framework to mean spoken language.au/training. Plain English for Training Materials: a Self-teaching Kit for Trainers and Supervisors. It includes the operations of addition. Further details are available from LGSA Learning or from the LGSA website at www. Teaching Your Staff to Fill in Forms: a Self-teaching Kit for Trainers and Supervisors. Numeracy Numeracy covers communication using numbers. recognition of current competence and assessment of competencies after training. Literacy and Numeracy with Training in Local Government: an Information Kit for Managers. Human Resources Policies Page 264 . subtraction. literacy and numeracy. Integrating Language. Integrating Language.

and where necessary. Review of training methods Council will review training methods in use. use specific techniques that will improve the accessibility of existing texts (for example. observe good layout for all printed and visual materials. Development and/or adaptation of appropriate training materials To facilitate the integration of language. Any necessary language. literacy and numeracy training should be integrated with other workplace training. recognising and making use of employees’ existing skills. Context of council training Council recognises that all training should be relevant to the workplace and conveyed using plain English. Human Resources Policies Page 265 . literacy and numeracy (LLN) with workplace training. Written materials will be produced collaboratively and trialed for readability before use.Policy statement . council will develop and/or adapt existing training materials to: avoid undue reliance on printed materials. council policies) which cannot be altered. use plain English and clearly labelled diagrams in all training materials.example Applicability This policy applies to all employees. knowledge and experience in the training process. using group work to enable participants to share knowledge and experience without highlighting individual weaknesses in LLN. modify training methods with the aim of: making workplace communication training a natural and integral part of training in the workplace.

and without reducing the validity or reliability of an assessment. ensure the employee is provided instruction in. they will need to complete the assessment task. and evidence gathering techniques used. will be negotiated between the employee and his / her assessor. etc. and the chance to practise. The final decision as to the method of assessment and the evidence gathering techniques to be used is to be made by the workplace assessor. vary or revoke this policy. maximise the use of observation and skills demonstration as evidence gathering techniques and limit the need for oral questioning or explanations to that necessary to establish underlying knowledge.Consideration of LLN in the assessment process Council recognises that differing levels of LLN between employees may impact upon the assessment of competence. or reduce. form or grid completion. Variation Council reserves the right to review. the type of writing. written assessment as far as possible. Whenever possible. Accordingly the method of assessment. where written assessments cannot be avoided (for legal or other reasons). Human Resources Policies Page 266 . the workplace assessor shall attempt to: avoid.

CHAPTER 7: Recruitment Human Resources Policies Page 267 .

Is s u e s to c o n s id e r Legislation and awards Councils have an obligation to ensure that their recruitment practices and procedures comply with: Local Government Award and other appropriate awards. Local Government Amendment (Employment Protection) Act 2003 and related Proclamations. Commonwealth Racial Hatred Act 1995. the accuracy and currency of the position description. whether the position is correctly classified in accordance with the provisions of the award. Commonwealth Racial Discrimination Act 1975. This policy does not relate to recruitment to council designated child-related position.Recruitment issues Reviewed November 2004 Aim The aim of the recruitment policy is to ensure that the candidate who best meets the selection criteria is appointed. Vacancy review The following issues should be addressed: the need of the vacant position. Local Government Act 1993. Specific requirements are detailed within the 'Child Protection Policy' which forms part of Chapter 4 to this manual. Commonwealth Sex Discrimination Act 1984. Human Resources Policies Page 268 . NSW Anti-Discrimination Act 1977.

Confidentiality All inquiries and applications should be treated with confidentiality. which makes it easier to compare applicants' merits. which publications will give the best coverage for a vacancy. particularly in cases where it may be unreasonable to expect applicants to have high levels of literacy. but council should not knowingly take any action which may be regarded as breaching confidentiality. Advertising The following issues should be addressed: is advertising necessary? For example.correct evaluation of the position under council's job evaluation system. the most appropriate contact person(s) for additional information. Human Resources Policies Page 269 . work design or labour market programs. what is necessary or desirable in an information package and whether it varies from one category of vacancy to another . the opportunity for council to meet other objectives such as EEO Management Plan. specialist requirements of the position or local and wider labour markets.for example. appropriateness of advertising taking into account the level or nature of the position. Application forms Application forms may assist in the selection process. outdoor staff. is it possible to fill the vacancy by way of a lateral transfer of an existing employee? compliance of council's standards for external and internal advertising with legislative requirements. Consider the following issues when developing an application form: whether the form needs to cater for all vacancies or whether it can be more specific. if applicable. Confidentiality of the applicant's identity cannot be guaranteed once the interview stage is reached. Application forms also help to make applications consistent with one another. Application forms might not be appropriate for middle and upper level positions where comprehensive curriculum vitae are usually regarded as essential. indoor staff. the merit of advertising in media other than print.

how records of meetings of selection panels and other relevant information should be kept. how a panel should operate and the principles which guide it. Selection panels Consider the following issues when organising a selection panel to interview for a position: the appropriateness of a selection panel to handle selection. how conflicts of interest should be addressed. within the limits of the selection process. Shortlisting Council's expectations on shortlisting should be clearly stated and should address the following issues: the need to develop a shortlist. how to determine when a selection panel has served its purpose. the roles and responsibilities of the selection panel. logical and "user-friendly". the benefit of the form to the selection process. the training which is desirable or mandatory for panel members. how the applications of shortlisted candidates are to be handled. how to ensure confidentiality of proceedings.the amount of information required from applicants. the number of persons and types of people who are to be members of the selection panel should be determined. whether there is an optimum number for shortlisting. the need for undertakings such as an agreement to be medically examined. whether a policy is needed for shortlisting internal applicants. Human Resources Policies Page 270 . the relationship between shortlisting and selection criteria. forms design should be simple.

They need to be consistent and structured. In making this choice. it should get the applicant's permission first. gathered during the interview. which does not address the selection criteria is not relevant for assessment purposes. the content of interviews should relate only to the stated selection criteria. the information from referees which will be useful and relevant to the position.Interviews Interviews are the highest profile part of the selection process. nominated referees are unavailable or input from additional sources is required. any information. council should consider factors such as the field of applicants which the advertising was intended to attract and the convenience of the interview location. Council should consider the following issues: the most appropriate manner for obtaining referee reports (solicited in writing. Supplementary selection tools Other selection tools may be used with discretion. These should include the following: the convenor of the selection panel is responsible for the conduct of the interview. Human Resources Policies Page 271 . some form of unlawful discrimination. particularly when the decisions of selection panels need to be confirmed or endorsed. this situation might arise in cases where no referees are nominated. Referee reports Properly structured referee reports provide useful input to the selection process. Council should approach only the referees an applicant nominates. the level of reliance to be placed on referee reports in the selection process and when. requested by phone). and cannot be interpreted as. Councils should therefore establish guidelines for interviewing. If council wishes to approach referees who were not nominated. provided that they relate clearly to the selection criteria and do not represent. Interview expenses Council may choose whether or not to grant expenses to interviewees who have to travel a considerable distance to the interview. These selection tools include: psychological tests (to be given only by accredited personnel).

computer literacy and skills. pre-employment medical assessment. visas and evidence of qualifications. keyboard/stenographic tests. Whether or not a probationary period of employment is appropriate. Human Resources Policies Page 272 .practical exercises. whether remuneration details should be included in the recommendation. whether or not the recommendation should include provision for a default appointment. Issues concerning offers of appointment include: Identifying the essential components of the offer. where this skill relates directly to the duties of the position. Whether it is appropriate to make the offer subject to certain conditions. Offers should follow a pre-determined format and should be made only by the general manager or another appropriate officer. Alternatively. literacy and numeracy tests. such as security clearance. simulated field exercises. Offer of appointment Offers of appointment should be regarded as contract documents and should be sufficiently detailed to enable the prospective employee to make an informed decision. The level of formality of the offer. medical assessment. brief presentations. Final recommendation The following issues should be addressed: what details are essential for inclusion in a recommendation for appointment. whether provision for non-approval of recommendation should be included in the recruitment policy. this could be a matter for negotiation after the appointment is offered. such as report-writing and problem-solving.

The Industrial Relations Act 1996 regulations exclude persons from unfair dismissal provisions where employees are serving a probationary period of employment of 3 months or less. The reason for seeking such a clearance should be related to the requirements of the job. the period is reasonable having regard to the nature and circumstances of the employment. The pre-employment medical assessment should be seen as one "tool" in the selection process. or if the period is more than 3 months. A criminal record check is required by the Department of Family and Community Services under the procedure for the licensing of: a child-care centre licensee and authorised supervisor. The assessment should relate exclusively and directly to the particular duties of the job and not discriminate against people with disabilities. Council is required to identify and designate those positions which constitute child-related employment in terms of the legislation. The intention to seek a security clearance should be made known to an applicant and permission sought. Internal applicants The Local Government Award provides that internal applicants must be given reasons in writing for not being appointed if requested. a family day-care licensee. Security clearances and character checks Certain categories of positions may be subject to security clearances. Human Resources Policies Page 273 . a family day-care care-giver and other members of the care-giver's household. Pre-employment medical assessment Council should require a medical assessment prior to any offer of employment being made. Under provision of child protection legislation.

an offer of employment should not be made until the clearance is obtained. Human Resources Policies Page 274 . trade and so on.With the exception of where an order from the Industrial Relations Commission or the Administrative Decisions Tribunal. undertake or remain in. Council is required to cause a "Working with Children Check" to be completed by an approved screening agency. vocational. Verifying credentials As a condition of appointment council should ask to see formal evidence of the appointee's qualifications . if the evidence is not provided upon request or does not support the appointee's claims. the Act makes it an offence for a person convicted of a serious sex offence (a prohibited person) to apply for. submit the form to the approved screening agency and await the response from the agency prior to making an offer of employment. Such persons must disclose convictions which would otherwise be considered spent under the Act. This means that such convictions will no longer form part of a person's criminal record and do not need to be disclosed to a prospective employer. Council must ask preferred applicants for employment to declare whether they are a prohibited person or not by having applicants complete a "Prohibited Employment Declaration". In addition to the Prohibited Employment Declaration. Again. Under provisions of the Act. There are exceptions to this: people who apply for teaching or child-care positions. professional. people who apply for fire-fighting or fire-prevention positions and who have been convicted of arson or attempted arson. Council should have preferred applicants complete a "Working with Children Check Consent Form". child-related employment.educational. The Criminal Records Act stipulates that certain convictions will become spent after a period of 10 continuous years of crime-free behaviour. declares that the Child protection (Prohibited Employment) Act 1998 does not apply to a particular person. Where appointment requires a security clearance. an offer of employment may be withdrawn. or actual employment terminated.

Medicare card Bank account. Who has work rights in Australia? As a general rule. migrants who are not yet Australian citizens and New Zealand citizens who have entered Australia on a valid passport have unrestricted rights to employment. Australian or New Zealand passport Evidence of permanent resident status. At present. Any other person who wants to work in Australia must have a valid temporary visa allowing employment. should ensure that persons they employ have a right to work in Australia.au. Human Resources Policies Page 275 . work permits Council. Australian permanent residents i. as a responsible employer. Referrals from employment agency and labour suppliers The Department of Immigration & Multicultural & Indigenous Affairs website provides upto-date information and guidance for employs. Drivers' licence.Citizenship.dima.e. The website address is www. Temporary visa with entitlement to work. The Federal Government is currently considering further sanction legislation. The following documents alone are not proof of a right to work: Tax file number. What is acceptable evidence of a right to work? The following documents can be accepted as evidence of a right to work" Australian birth certificate if born in Australia before 20 August 1986.000. The site contains an information pack which can be downloaded and details of an employers information line. Certificate of Australian citizenship.gov. an employer who knowingly employs a foreign national without a right to work is committing an offence under the Crimes Act which attracts a penalty of up to $10. visas. only Australian citizens.

Recruitment flow chart Vacancy Amend position Prepare new PD Change Review vacancy Disallow Abolish position Update PD Set selection criteria Prepare ad Prepare info package Job evaluation Determine selection panel Reject all Shortlist Yes Reject Arrange interviews None appointable Interview Appointable Not recommended Check with referees Reject all Consider reports Recommend appt Reject None approved Approval Approved Not approved Readvertise Prepare offer Advise unsuccessful Human Resources Policies Page 276 .Other resources For further guidance. councils should refer to the Associations' Executive Staff Kit.

professional. The composition of a team would depend on the nature of the position . This is consistent with the powers ascribed to the general manager under the Local Government Act. Human Resources Policies Page 277 . Is s u e s to c o n s id e r Establishing a review process The review process should be determined by the general manager (or other appropriate officer). Council should also have regard to anti-discrimination legislation and its own operational requirements when establishing a review process. establish a decision-making framework for determining whether or not to fill a vacancy. it may be handled by an individual officer or a team. these positions lapse automatically at the expiry date. technical and so on.managerial. or when a retirement date is known. trades. such as when notice of resignation has been accepted. In practice. A vacancy may also include an anticipated vacancy. Definition Vacancy A vacancy occurs when the person employed in a position leaves that position. indoors.Vacancy review Reviewed November 2004 Aim The aims of this policy are to: ensure that all vacant positions are subject to review. establish a fair and consistent vacancy review process. The expiry of fixed-term or temporary positions does not constitute a vacancy. outdoors.

in its current form or in a modified form. budget status. This decision should take into account known and projected workload. Recruitment action will not commence until the review is complete. Variation Council reserves the right to review. Human Resources Policies Page 278 . vary or revoke this policy. current staffing arrangements. known and projected changes in external influences such as outside funding. ensure that the remuneration level is consistent with council's preferred position in the market. ensure that the position is classified consistently with award provisions. and comparative need elsewhere within the organisation or division. ensure that the position description accurately describes duties and responsibilities. Reviewing a vacancy A vacancy should be reviewed in order to: determine whether or not the position. should continue.Policy statement .example Applicability This policy applies to all vacant positions except newly-created or recently-reviewed positions. and is correctly evaluated in the event that a job evaluation system is established.

advertising arrangements .Procedure Official file An official file. in two parts. a summary list of inquiries for the vacancy. selection panel membership. any other relevant information and correspondence. Part 1 . justification and approval details.Applications This part should contain the following: individual applications together with any relevant correspondence or file notes. Human Resources Policies Page 279 .Vacancy control This part should contain the following: approval from the vacancy review process. recommendation(s) for appointment. selection criteria. signed and dated records of meetings of the selection panel. such as acknowledgment letters. costs. advertisement. all components of any "package" of materials made available to prospective applicants. a summary list of applications received which shows the ones that have been shortlisted and interviewed.placements. should be opened for each vacancy. results of the most recent job evaluation. a certified position description. a summary of interview arrangements. Part 2 . such as invitations for external participation on the selection panel. circulation/ distribution details etc.

letters to referees. notes summarising telephone conversations with referees. referees' reports. Human Resources Policies Page 280 .individual invitations for interview and interview arrangements. unsuccessful advices or indication of forwarding same.

the relative merits of applicants to satisfy the requirements of a position. The merit principle is fundamental to the success of an Equal Employment Opportunity Management Plan which is a provision of the Local Government Act. Is s u e s to c o n s id e r Legislation and awards The Local Government Act and the Local Government Award and other relevant awards stipulate that appointments to vacant positions will be made on the basis of merit. The following legislation is also relevant to developing selection criteria: NSW Anti-Discrimination Act 1977. Specific requirements are detailed within the 'Child Protection Policy' which forms part of Chapter 4 to this manual. minimise the potential for discrimination issues to be raised against council in its recruitment practices. Commonwealth Disability Discrimination Act 1992. This means that council must assess. Justifying recruitment and selection decisions Human Resources Policies Page 281 .Selection criteria Reviewed November 2004 Aim The aims of this policy are to: establish selection criteria which ensure that recruitment is based on merit. Commonwealth Racial Discrimination Act 1975. Commonwealth Sex Discrimination Act 1984. based on relevant selection criteria. ensure that selection criteria reflect the essential requirements of the position and comply with the Local Government Act. Commonwealth Racial hatred Act 1995. This policy does not relate to recruitment to council designated child-related positions.

The development and correct use of selection criteria.All actions and decisions taken by council and on behalf of council in the area of recruitment must be justifiable and able to withstand external scrutiny. Other uses of selection criteria Selection criteria may also be developed to help select employees for training. Human Resources Policies Page 282 . minimises the possibility of error. redundancy and so on. essential to a fair recruitment process. challenge and complaint.

No appointment to the vacancy can be made unless the candidate satisfies all essential selection criteria. All candidates for interview must be made aware of relevant selection criteria. Using selection criteria The main purpose of the selection process is to decide which applications best match the selection criteria.for lower level positions where information packages may not be supplied. Written selection criteria will be available to all applicants.example Applicability This policy applies to all advertised positions. Developing selection criteria Selection criteria will be developed for all vacant positions which are subject to recruitment action. professional and supervisory positions in recruitment advertising . Selection criteria not to be changed Once selection criteria for a particular vacant position have been set. Human Resources Policies Page 283 . it cannot be changed or ignored during the selection process. prospective applicants and the public.for managerial. Disseminating selection criteria Selection criteria will be included: in position information packages .Policy statement .

Variation Council reserves the right to review. judgement and problem-solving skills. supervisory and leadership skills.Guidelines for developing selection criteria Selection criteria will be developed according to the following guidelines: Essential criteria formal educational. professional or vocational qualifications. vary or revoke this policy. special requirements of the position consistent with hours of operation. management. uniqueness. preparedness to work alone and willingness to work elsewhere in the organisation when required. autonomy and so on. preferred qualifications. mobility. such as ease in dealing with the public. behavioural characteristics. Desirable criteria preferred work experience. specialist knowledge and skills. location. Human Resources Policies Page 284 . interpersonal and communication skills. demonstrated relevant experience.

gender balance. set guidelines for the operation of selection panels. availability. Human Resources Policies Page 285 . Proxy members Proxy members (someone who stands in for another) of selection panels should be discouraged. training and experience. Factors to be considered in deciding who should be on a panel include: the nature of the position.Selection panels Reviewed November 2004 Aim The aims of this policy are to: set guidelines for the composition of selection panels to promote merit-based selection and equal employment opportunity. representation of "users" of the services provided by the position. skills. professional expertise. Is s u e s to c o n s id e r Role of a selection panel A selection panel is the main mechanism council has for fulfilling its staff-recruitment obligations under the Local Government Act and other employment-related legislation. The role of a selection panel is to identify and recommend for appointment the applicant for a vacant position who has demonstrated the greatest merit. One of them should be the supervisor of the position. Composition of a selection panel A selection panel should not have more than 4 members.

including merit-based selection and the principles of equal employment opportunity. Conflicts of interest Conflicts of interest may present themselves in many ways in the selection process. or vice versa. the panel member is a close friend of an applicant.Training members of selection panels All members of a selection panel should have received training in selection techniques. or vice versa. participation on a selection panel is the area where this most frequently occurs. Members of the panel are obliged to advise the convenor if they have conflicts of interest or potential conflicts of interest. the panel member has some animosity towards an applicant.this includes de facto relationships. the panel member is a nominated referee for a short-listed candidate. Human Resources Policies Page 286 . It should be mandatory for the convenor of a selection panel to have received the necessary training and to have selection experience. there are good reasons to abort the selection process or to declare it invalid. Some common conflicts of interest are: the panel member is related to an applicant . In cases where conflicts of interest are not divulged and become apparent or are brought to notice during or after the selection process. the panel member has some form of indebtedness to an applicant. Conflicts of interest should be divulged and resolved at an early stage so that they do not prejudice the operations of the selection panel.

Responsibilities of the panel and its members Through the convenor. Members are responsible individually for advising the convenor of real and potential conflicts of interest or of any other matter which may affect their full participation on the panel. Gender balance Gender balance will be reflected in the membership of selection panels.Policy statement . given available expertise and relevance. council may wish to have external participation on a panel for a key position or for one requiring special expertise. Composition of selection panels Selection panels will comprise a minimum of two members and a maximum of four members.for example. Establishing selection panels A selection panel will be set up for each advertised position. the applicant who has the greatest merit for appointment. The convenor is responsible for liaising with the general manager (or another appropriate officer). Human Resources Policies Page 287 . by using the stated selection criteria. It may be appropriate to consider external representation in certain circumstances. is subject to the approval of the general manager (or another appropriate officer). the selection panel is answerable to the general manager (or another appropriate officer). General Manager to determine selection panel membership Membership of each selection panel. The general manager may vary the composition of selection panels to cater for special circumstances . including nomination of the convenor. Role of selection panel The role of the selection panel is to identify and recommend.example Applicability A selection panel is mandatory for all advertised vacancies.

Variation Council reserves the right to review. In the event that the recommended candidate(s) declines the offer.Life of the panel The panel is automatically dissolved when a recommendation to offer or not to offer appointment is approved. Human Resources Policies Page 288 . Training members of selection panels All members of selection panels will be trained in selection techniques. including meritbased recruitment and principles of equal employment opportunity. the general manager may ask the panel to reconvene. The general manager may dissolve a panel at any time for good reason. vary or revoke this policy.

the process will be aborted. Where consensus cannot be reached after reasonable discussion.A meeting of a selection panel should not proceed unless all members attend. Selection panel operations Within the constraints of this policy each panel may determine its own method of operation but must acknowledge and adhere to the following requirements: Quorum . to interview short-listed candidates. to make recommendations for appointment.Procedure Responsibilities of the selection panel The major responsibilities of the panel are: to review vacancy documentation and to understand fully the selection criteria. a vote will be taken. alternatively. to apply the selection criteria to written applications and produce a recommended short-list of candidates for interview where appropriate. to apply the principles of equal employment opportunity. to devise ways of assessing candidates against the selection criteria. In some cases all applicants will reach the interview stage). Formality and voting . to seek additional input in order to reach a decision. he or she should withdraw from the process.The panel should operate informally. to examine existing or potential conflicts of interest and resolve them. Dissenting members may submit minority report(s). Human Resources Policies Page 289 . to apply merit-based recruitment principles. to make recommendations for a default appointment (an appointment which results when the recommended applicant rejects the offer or fails to take up duty) where appropriate. Once the interview process has commenced a panel may not vary its membership if a member of the panel is absent. (There does not always have to be a short-list.

resolutions of conflicts of interest. No material will be destroyed for a period of three months. It is therefore prudent that the Act be used for guidance on retaining confidential information. If there is a conflict of interest.Confidentiality . Conflicts of interest . This should cover decisions made. recommendations and so on. it is the responsibility of individual panel members to notify the convenor.Real or potential conflicts of interest must be divulged and considered at the initial meeting of the panel. The convenor is responsible for the accuracy of the record and will sign the record as soon as possible after each meeting.The panel must keep a brief record of proceedings of each panel meeting. Records of meetings are not minutes. Members of the panel may access the record at any time during the life of the panel. whether they were made by consensus or vote. they are a means of assisting the panel in its deliberations and a memory-aid in the event of subsequent grievances or disputes. Local Government is covered by Parts 3 and 5 of the State Records Act 1998 and will be covered by Parts 2 and 6 as of January 2000 and Part 4 as of July 2000. Human Resources Policies Page 290 .Panel proceedings (including all documentation made available to panel members) are to be regarded as confidential. he or she must inform the general manager (or another appropriate officer) immediately. that person should be excluded from the process. Original official documentation will be retained on file. If a conflict of interest involves the convenor. Records of proceedings will be held under confidential cover. The convenor is responsible for guiding the panel in these matters. At the conclusion of the selection process all materials will be collected and placed on file. Record of proceedings . If an unforeseen conflict of interest occurs later.

Part V of the Anti-Discrimination Act prohibits the publication of advertisements which indicate an intention to do an unlawful act . ensure that adequate information is available to prospective applicants when the position is advertised. set minimum periods for the receipt of applications. This policy does not relate to recruitment to council designated child-related position. the matter must be referred to the consultative committee for recommendation to council prior to advertising the new or vacant position. Positions that require highly-developed skills or specialist qualifications will need to be advertised more widely in order to comply with the intentions of the Act and Awards. Council is liable for actions taken by its employees or agents in contravention of the Act. attract appropriately qualified and experienced job applicants. council may not advertise in a manner which may lead to discrimination under the Act. Is s u e s to c o n s id e r Legislation and awards The Local Government Act and the Local Government Award and other relevant awards require that "when it is proposed to make an appointment to a position within the organisation structure of the council. It also prohibits the use of third parties to take such action. Human Resources Policies Page 291 . Specific requirements are detailed within the 'Child Protection Policy' which forms part of Chapter 4 to this manual.that is. In accordance with the "Hours of Work" clause of the Award. unless the employee or agent is not authorised by council to take the action.Advertising vacancies Reviewed November 2004 Aim The aims of this policy are to: set standards for advertising council positions. the position must be advertised in a manner sufficient to enable suitably qualified persons to apply for the position". where council seeks to alter the spread of hours and/or payment for the spread of hours for a new or vacant position.

Human Resources Policies Page 292 . not a substitute for. the primary form of advertising is now internet-based job directories. on an official noticeboard(s) etc . Confidentiality Council is responsible for ensuring confidentiality in the receipt and subsequent handling of applications. Internal advertising This may be done by placing an approved advertisement in an official in-house newsletter. and use of. External advertising The extent of external advertising depends on the location and type of council and on the labour market variations for particular categories of employment.any media which provides equal access to eligible employees.this is usually regarded as additional to. they also place restrictions on job applications for one job being used for other jobs. job applications. Divulging information about applications or applicants may represent an invasion of privacy. hardcopy advertising. Privacy guidelines These limit access to. In general there are three levels of external advertising: advertisements in the appropriate sections of a community. regional or metropolitan daily newspaper. the Commonwealth Sex Discrimination Act. In some fields of employment such as information technology. Freedom of information legislation This determines who has access to job applications. medical records and records of selection panel meetings. advertisements in specialist publications such as professional journals and industry newsletters. advertisements in other media such as regional radio . referees' reports.The Commonwealth Racial Discrimination Act. and the Commonwealth Disability Discrimination Act make similar provisions about advertising. Use of internet advertising can be expected to increase.

12 months). It is advisable to include in council policy a statement about how late applications will be treated. Human Resources Policies Page 293 . Consistency of information All candidates and intending candidates should receive the same package of information about the position and the organisation. A full list of applications received must be maintained for an appropriate period (e. otherwise council may be vulnerable if there is any dispute over the selection process. It may be appropriate to allow extensions of time of up to one week where a written intention to submit a formal application is received before the closing time. This also helps in assessing how successful the process is.Receiving applications and policy regarding late applications All applications should be receipt-stamped so that there is no confusion as to when they were received. Keeping records of inquiries and applications A list of inquiries should be maintained to check whether they result in formal applications.g.

Advertising The general manager (or another appropriate officer) will determine how each type of vacancy will be advertised so that suitably qualified people can apply. either immediately before or at the same time as the external advertisement is placed.example Applicability This policy applies to all advertised vacant positions except senior staff positions. Human Resources Policies Page 294 . vary or revoke this policy.Policy statement . Advertising will be at least equivalent to council's normal requirements. Applications will be accepted after the closing date providing that a written advice of intention to apply was received before the closing time and the formal application is received within five working days of the closing time. Variation Council reserves the right to review. All vacant positions to be advertised internally All positions advertised externally will also be advertised internally. Facts to be considered include: Whether positions are to be advertised externally as well as internally What kinds of advertising are to be used. Closing date and receipt of applications All advertisements for vacant positions will specify a closing date for receipt of applications. Using registered employment agents The general manager may decide to use the services of registered employment agents.

title of position. Unsuccessful candidates will be advised in writing accordingly. Suggested advertising format A suggested format for council advertising is as follows: council's name . its corporate objectives and its operations. section or area in which the position is located and the position's importance to the achievement of area objectives. summary of major conditions of employment. selection criteria. Acknowledgments and unsuccessful advices Council will acknowledge. which should include names. postal addresses. information about the division.Procedure Dealing with inquiries An information package will be provided to anyone who asks for details of an advertised position and to applicants who have not already received the information who are shortlisted for interview. The contents of the package will vary according to the nature of the position. Information may include: position description. comprehensive information about council. brief information about council and its operations. the receipt of all applications for advertised positions. telephone and fax numbers. the complexity of the duties and responsibilities. The contact person should also keep a list of inquiries. Functions of the contact person The contact person will provide information only to prospective applicants and will ensure that the relevant information package is forwarded to them as appropriate. branch.this may include logo if appropriate. Human Resources Policies Page 295 . in writing. and the position's status in the organisation.

brief statement of position purpose or key tasks. remuneration level. if electronic applications are acceptable this should be stated. contract. contact officer(s) for information and their phone numbers.position reference number if appropriate. if appropriate. temporary. full-time or parttime). EEO statement and workplace environment statement such as a no-smoking policy. Human Resources Policies Page 296 . type of employment (whether permanent. fringe benefits etc. including packaging. availability of information package with full selection criteria and recommendation that all applicants seek a package. closing date for receipt of applications address for receipt of applications. summary of selection criteria.