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HR Highlight: Back to Basics

Posted by Elisha Radwanowski, ACAPMA on 27 August 2014



Each week ACAPMA receives many calls from members seeking workplace relations advice, support and resources.  Some of these enquiries are quite detailed and difficult, leading to hearings in the Commission and the production of specialised resources.  Other enquiries are simple ‘fact checking’ or ‘I’m just not sure’ situations.  The weeks HR Highlight will very briefly recap some of the basic questions we regularly receive, and provide some simple answers.  
Which Award?

It is imperative for businesses to classify employees using the correct employment instrument.  In the downstream petroleum industry there are three Awards that cover most employment types;
• For Administrative Staff the correct Award is the Clerks Private Sector Award 2010
• For Console Operators, Driveway Attendants & Roadhouse Attendants the correct Award is the Vehicle Manufacturing Repair Services and Retail Awa...
Posted in: console operators ACAPMA Quick Reference Guides pay rates minimum wage petroleum industry service station enterprise agreement workplace agreement Console operator award agreement/award provisions Award changes ACAPMA membership average minimum wage   0 Comments

HR Highlight: Case Review - Long Service Leave?

Posted by Elisha Radwanowski, ACAPMA on 6 August 2014
A recent decision from the Federal Court has clarified the application of Long Service Leave to certain employees.  This weeks HR Highlight will briefly review the implications of this case.


Which Long Service Leave provision applies?

The central question in front of the Federal Court in this case was wether the employee in question was covered by a preserved Federal Long Service Leave Award, or by the State Long Service Leave legislation.  If the employee was covered by the preserved Federal Award then there would be no requirement for the employer to pay long service leave, based on the length of service.  However, if the State legislation applied then the employees length of service would have qualified them for long service leave payment on termination.

The South Australian Industrial Court found that the State legislation applied to the employee, so they were entitled to the long service leave.  However, the Federal Court has overtu...
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HR Highlight: Theft in the Workplace

Posted by Elisha Radwanowski on 28 July 2014
HR Highlight: Theft in the Workplace
Employee dishonesty in any form is confronting and disruptive to any workplace.  As business owners and operators, it is hard to countenance employee theft, and the immediate reaction is to remove the perpetrator from the business as soon as possible.  Which often amounts to summary dismissal.  However, firing someone on the spot for theft, or even planned theft, can open a business to disastrous outcomes.  While it is important to act swiftly and decisively to protect the business, ACAPMA reminds members to keep in mind the keys to managing theft in the workplace, to avoid further complications.  This week's HR Highlight will review these key concerns. Theft OR Failure to Follow Procedures When there is a theft at the workplace, the business has had its property handled in a way other than instructed.  Essentially the perpetrator has deliberately circumvented existing product and cash control procedures to transfer the items from the business ...
Posted in: misconduct   0 Comments

HR Highlight: Transfer of business

Posted by Elisha Radwanowski on 23 July 2014
HR Highlight: Transfer of business
Buying, selling or taking over a business is a stressful time. There are lease and operation contracts, bramding agreements,  suppliers to organise and a myriad of details to arrange.  As we have explored before there are also implications for staff when a business transfers. This wee'ks HR Highlight will explore the nature of Transfer of Business

Transfer of Business

It is very common for the arrangements at a site to change, and for the parties to consider that there is a change in management, not a transfer of business.  However the Fair Work Act applies a very specific test to establish whether, for the purposes of the employees involved, there has been a Transfer of Business, and all parties must understand this detailed area.  Failure to appropriately handle any transfers could result in serious penalties. The test of whether a business is transferring under the Fair Work Act is … Under section 311(1) of the Fair Work Act, a ...
Posted in: Transfer of business   0 Comments

HR Highlight: Drugs at Work

Posted by Elisha Radwanowski on 7 July 2014
HR Highlight: Drugs at Work
The focus on Drug and Alcohol policies and testing within the workplace will not be going away anytime soon.  As explored in the latest issue of ACAPMAg and in previous HR Highlights, this area, while necessary, is fraught with danger from a HR perspective.  Two of the main areas of contention are; testing methodologies and the concept of 'fit to work’.  This week's HR Highlight will explore these issues. Saliva v Urine A funny sentence to type, but a concept that has caused no small amount of angst for employers, employees, testing agencies and regulators.  Philip Collins, of the Australian Drug Foundation, explains that both methods are equally valid the urine test tends to show up drug usage that may not be recent, due to the way the body metabolises the drugs.  Collins clarifies that urine testing then is for “detecting recreational use, as opposed to being fit for work.”  By contrast the saliva test ...
Posted in: drugs alcohol   0 Comments
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Thank you for the great job and excellent conference. It was great catching up with everyone. I look forward to next year.

Kurt Wessel
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