Speak Out August 2017 low res

31 / 40

August 2017 Speak Out 31
Professional practice
EXPANDING YOUR TEAM can be an exciting time for your
company or organisation, signifying growth and momentum within
the workplace. However, before you dive into employing a new
staff member, it is important to strategically map out the terms
and conditions of the new position.
Remember that the circumstances under which you take on a
new employee can affect your employment rights and obligations,
particularly if an issue arises or if things don’t work out. The
best way to mitigate the risk of costly disputes is to clarify your
employment obligations ahead of time, including all of the details
related to the job description, employment contracts, policies,
procedures and job training. Below are the main factors you need
to consider before you take on that new employee.
Position description, terms and requirements
Be very clear on the details of the job being filled, take the time
to develop a full position description which includes any special
requirements such as police check, working with children check,
specialised certifications or physical requirements. You may wish
to develop a key selection criteria to cover qualifications, skills and
attributes.
You should also outline the terms of the job (e.g., full-time, part-
time, casual, fixed term, seasonal, etc.) and specify the working
days, hours and break times.
Wages, contracts and protections
Employers are responsible for ensuring that they meet the
minimum wage and employment conditions that apply to the
job being offered. Are you familiar with the current regulatory
requirements around employing staff?
Review your employment obligations and use a current
employment contract that suits that circumstances of the job
and also protects the interests of your business or organisation.
Consider extra forms that may be needed, such as a
confidentiality agreement, enterprise agreement or prior injury
declaration.
Forms, documentation and induction
Before your new employee commences work, you need to
have their signed employment contract, signed Tax File Number
declaration and their nominated superannuation form in hand. You
also need to supply them with a Fair Work Information Statement.
Once employment has officially commenced, you should supply
a copy of your workplace policies and provide an induction.
Make sure your staff induction program identifies any potential
workplace risks or hazards.
During your employee’s probationary period and beyond,
keep a written record of any issues, incidents, milestones or
achievements. Proper documentation will help you monitor how
the employment arrangement is working out. Accurate record
keeping is also important in the case of a dispute or investigation.
Engaging a contractor
If you have decided you are going to engage a contractor instead
of taking on an employee, then have a good understanding about
the difference between an employee and a contractor.
The Australian Taxation Office advises the difference between an
employee and contractor is:
• an employee works in your business and is part of your
business;
• a contractor is running their own business;
• the contractor is responsible for their business compliance
and commitments such as insurance, PAYG, superannuation,
workers compensation, etc.;
The contractor has:
• the ability to subcontract and delegate the work to someone
else;
• is paid as a result achieved based on an hourly rate or price
per service;
• the ability to provide all or most of the equipment or doesn’t
receive an allowance or reimbursement for the cost of the
equipment;
• the ability to perform services as specified in their contract;
• the ability to accept or refuse additional work.
Considerations:
• provide the contractor with an agreement which complies
with various legislation and protects your business with
clauses such non-solicitation and non-competition
covenants;
• ensure the contractor has been set up as a business and
has an Australian Business Number and has all the required
insurances and understands their obligations;
• provide supervision and appropriate level of support; and
• make sure you are meeting ATO requirements.
ATO website
contractor
Anna Pannuzzo
WorkPlace PLUS
Read this before you employ new staff...
BEFORE YOU DIVE INTO EMPLOYING A NEW STAFF MEMBER, IT IS IMPORTANT TO STRATEGICALLY MAP OUT THE
TERMS AND CONDITIONS OF THE NEW POSITION.