HR & Safety Help for Farms Danielle McNamee Managing Director
Human Resources
Recent Statistics Fair Work 11 158 employees underpaid costing $27.3 million to businesses 25 000 workplace disputes 15 308 115 workplace visits 33 000 claims (mainly Unfair Dismissal)
National System • Legislation (Fair Work Act 2009, other Acts, Case Law) • National Employment Standards • Modern Awards • Registered Enterprise Agreements • Individual Flexibility Agreements • Employment Contracts
WA System • Legislation (Minimum Conditions of Employment Act, other Acts, Case Law) • Awards • Registered Enterprise Agreements • Employment Contracts
Industrial Relations Bodies
Q&A Which Industrial Relations System is my Farm covered by?
Two Industrial Relation Systems National System State System Sole Traders Partnerships Constitutional Corporations (Pty Ltd)
Q&A Do employees need a written employment contract?
Q&A What is the difference between permanent, part time and casual employment?
Q&A What should I be paying employees? ◦ allowances ◦ penalty Rates ◦ leave etc.
Awards ◦ Pastoral Award 2010 ◦Farm Employees’ Award 1985 ◦ Vehicle Manufacturing, Repair, Services and Retail Award ◦ Manufacturing & Associated Industries and Occupations Award 2010 ◦ Road Transport and Distribution Award 2010 ◦ Miscellaneous Award 2010
Q&A If I pay over the Award do I still have to pay overtime, leave loading and weekend rates?
BOOT test Individual Flexibility Agreements Contract offset clauses
Q&A What is considered “Keep” in the “With Keep Rate”?
Q&A Can I charge employees if I am supplying them with accommodation and food?
Q&A Can I pay lower wages/salary if I provide meals, meat, diesel, accommodation, etc
Q&A Can I hold an accommodation bond from an employee’s wages?
Q&A How many hours can someone work each day? How does overtime work?
Q&A I want to fire someone but I don’t want it to be awkward, can I just make them redundant?
Q&A What do I do if I am unhappy with an employee’s behaviour and or performance?
Farm Safety
Recent Statistics
Principles of Safety Under the WA Occupational Safety & Health Act: • Management Commitment to Safety • Identifying hazards • Assessing the risk • Controlling hazards • Consulting & communicating Safety matters • Emergency Management • Training & Supervision
The Farm’s Safety Responsibilities • Safe systems of work • Information, instruction, training and supervision • Consultation and cooperation • Personal Protective Equipment • Safe use of plant and substances • Safe work instructions
The Employees’ Safety Responsibilities • Taking care of their own health and safety at work • Avoiding adversely affecting health and safety of others • Complying with reasonable instructions • Using PPE as instructed • Reporting hazards • Reporting incidents
Quick Check – Management Commitment • Are you committed to having a Farm that is safe & healthy? • Have you documented your commitment? • Have you communicated your commitment to your employees?
Quick Check- Hazard & Risk Management • Have you identified any hazards? • Have you assessed the risk level of the hazards? • Have you put controls in place to manage high risk hazards? • Have you put together a Risk Register? • Do employees know that they have to report hazards and incidents and how to do it? • Do you monitor hazard control?
Quick Check – Emergency Management • Does your Farm have an emergency management procedure?
Quick Check – Consultation & Communication • Do you include employees in safety consultation at all times? • Do you communicate changes in safety & health matters to employees?
Quick Check – Training & Supervision • Do all new employees receive a safety induction? • Are all your employees trained on all aspects of how you manage safety of the Farm? • Do you check that your employees have the required licences? • Do you keep records of employee training?
Client Interview - Marie Fowler • Why did you seek some outside HR & safety help?
Client Interview - Marie Fowler • Can you explain how ProcessWorx helped you with employment contracts and complying with the Award and the Fair Work Act?
Client Interview - Marie Fowler • How did ProcessWorx help you with HR policies and procedures?
Client Interview - Marie Fowler • How did ProcessWorx help develop a Risk Register for the Farm?
Client Interview - Marie Fowler • Why do you think the Risk Register is important?
Client Interview - Marie Fowler • How did ProcessWorx help you with developing safety procedures?
Client Interview - Marie Fowler • Can you show how you use your Portal to help manage HR and Safety?
Client Interview - Marie Fowler • How does the induction help you with training backpackers?
Client Interview - Marie Fowler • How does ProcessWorx help you with keeping up to date with changes?
Client Interview - Marie Fowler • What are some examples of questions you ring ProcessWorx for?
ProcessWorx Farm Packages ✓ Employment Contracts & Agreements ✓ Farm Risk Register ✓ Farm Portal • HR & Safety Policies & Procedures • Easy to use forms & templates • Online HR & Safety Induction • Links to Farm Award, Legislation & Codes of Practice ✓ Telephone implementation training ✓ Automatic updates to remain compliant ✓ Telephone & email support
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