Workplace Policies Introduction

How important are Workplace Policies in Australia

Never before have employees had so many opportunities to attack employers. Workplace Policies reinforce and clarify the standards expected of employees. They help employers manage and guide staff more effectively. Workplace Policies define what is acceptable and unacceptable in business.

Workplace Policies benefit the employer

Legally prepared Workplace Policies help businesses in many ways. Policies demonstrate that the organisation is operated in an efficient and businesslike manner, raise stability and ensure consistency in the decision-making and operational procedures.

Workplace Policies assist employers to defend themselves in an unfair dismissal claim, Occupation Health and Safety (OHS) prosecution and liability claims.

Work Policies vs Employment Contractsworkplace policies australia legal consolidated barristers & Solicitors

Policies should form part of each employee’s employment contract.

Check your current Employment Contracts.

  1. The Employment Contract must expressly state that the employee is subject to the policies, as amended from time to time.
  2. The Employment Contract should expressly state that your business can change the Workplace Policies, from time to time.
  3. When the Employment Contract is drafted correctly you are bound by the Workplace Policies.

You cannot automatically direct an employee to obey policies. Instead, incorporate them into the Employment Contract. For example, in BHP Iron Ore Pty Ltd v Australian Workers’ Union (2000) 102 FCR 97, the Court held that a memo is not enough to bind the employee to the policies. It is only possible to bind an employee to policies by express reference in the Employment Contract.

If you are unsure you can build Employment Contracts which adopt these Workplace Policies here: Contract of Employment Page

When you build the Workplace Policies online, together with our covering letter, you get:

  • Absenteeism Policy
  • Acceptable IT use policy
  • Annual leave policy
  • Anti-discrimination policy
  • Confidentiality policy
  • Conflict of interest policy
  • Drug and alcohol policy
  • Employee standard of conduct guidelines
  • Grievance policy
  • Harassment and bullying policy
  • In-vehicle monitoring policy
  • Long service leave policy

  • Managing illness, injury & retention to work policy
  • No smoking policy
  • Paid parental leave policy
  • Performance management policy
  • Personal leave
  • Redundancy policy
  • Social media policy
  • Termination of employment policy
  • Victimisation policy
  • Whistleblower policy
  • Workplace surveillance policy

 

 

The Workplace Policies are in MS Word. They are finished documents so you can choose to leave them unchanged. Or, at any time, you can change them.

Some policies may not be relevant to your business. Ignore these. Do not provide copies of them to your employees. In other words, you do not need to use every Policy. Just use the policies that are beneficial to your business.

Summary of the main policies:

Absenteeism Policy

This policy provides information for employees for absenteeism, for whatever reason.

The policy sets out how you manage situations where an employee is absent from the workplace.

This policy is suitable for use in any business with persons who are:

  • permanent employees (including full time and part time);
  • fixed-term employees;
  • casual employees; and
  • temporary agency staff and contractors.

This policy may be used in conjunction with other policies, such as “Termination of employment policy” and “Annual leave policy”.

Acceptable IT use policy

Information technology (IT) includes the use of computers to store, retrieve, transmit, and manipulate data and information. This policy is especially useful if you operate online IT facilities, including Internet and email.

The purpose of this policy is to give a clear statement to all users of the IT facilities (including employees, temporary staff, and contractors) of their responsibilities. This includes what constitutes acceptable and unacceptable use, and to manage the provision and modification of access to online services.

This policy is often used with the “Confidentiality policy”, “Employee standard of conduct guidelines”, “Harassment and bullying policy”, and “Termination of employment policy”.

Annual leave policy

The policy may be used to regulate the management, operation and use of annual leave.

This policy applies to all employees who are permanent and eligible to accrue annual leave.

Anti-discrimination policy

This precedent policy provides information for employees on their rights and obligations for discrimination in the workplace, and what is considered unlawful behaviour. The policy sets out how complaints are made to the employer.

It is suitable for use in any business with persons who are:

  • permanent employees (including full time and part time);
  • fixed-term employees;
  • casual employees; and
  • temporary agency staff and contractors.

Confidentiality policy

This policy provides information for employees for their obligations of confidentiality for sensitive Kelly Nominees Pty Ltd information and intellectual property.

It is suitable for use in any business with persons who are:

  • permanent employees (including full time and part time);
  • fixed-term employees;
  • casual employees; and
  • temporary agency staff and contractors.

This policy works in conjunction with the “Termination of employment policy”.

Conflict of interest policy

This policy is used if you engage employees or contractors. The purpose of this policy is to provide guidance on the management of conflicts of interest in relation to employees and contracted staff of the company, or its subsidiaries.

Drug and Alcohol policy

This policy provides an outline of your policy on the use and or abuse of drugs and alcohol in the workplace.

This policy applies to employees and contractors.

Employee standard of conduct guidelines

The guidelines set out your standard conduct for employees. It guides employees on how to act, and clarifies how you expects employees to perform and behave in the workplace.

Grievance policy

The policy for all types of employers. It provides a process for the quick and effective resolution of workplace grievances, regardless of the size of the workplace.

Harassment and bullying policy

Harassment and bullying policy

This policy provides information for employees on their rights and obligations for harassment. This includes sexual harassment and bullying in the workplace. This policy provides guidance as to what is considered unlawful behaviour and how complaints may be made to the employer.

It is suitable for use in any business with persons who are:

  • permanent employees (including full time and part time);
  • fixed-term employees;
  • casual employees; and
  • temporary agency staff and contractors.

In-vehicle monitoring policy

This policy provides information for employees on their rights and obligations when using of work-related vehicles and the associated data collected.

It outlines the general purpose of in-vehicle monitoring and details how data collected by the system is used by the employer.

The policy also regulates the management, operation and use of the in-vehicle monitoring system by employees.

Long service leave policy

It is used to regulate the management, operation and use of long service leave. This policy only applies to employees eligible to accrue long service leave.

Managing illness, injury & retention to work policy

It is used to regulate employees who suffer an illness or injury.

No smoking policy

The policy:

  • provides employers with an outline of the responsibilities of employees for smoking in the workplace
  • allows you to state places where smoking is not permitted in the workplace
  • promotes a smoke-free workplace in recruitment and training for new employees; and
  • authorises placement of “no smoking” signs.

The policy applies to all employees, contractors and visitors to the workplace and is used on conjunction with the “Grievance policy”.

Paid parental leave policy

This policy is used to regulate the management, operation and use of paid parental leave. This policy only applies to employees who are eligible to receive paid parental leave.

Performance management policy

This policy provides a structured process for employers to use to manage the performance of your employees. In managing the unsatisfactory performance of employees, this policy requires that the principles of natural justice and procedural fairness underpin all actions undertaken by supervisors or managers.

This policy is used regardless of the size of the business or organisation and is applicable for all employees.

This policy works in conjunction with the “Termination of employment policy”.

Personal leave

The policy is used to regulate the management, operation and use of personal leave.

This policy applies to all employees who are permanent and eligible to receive personal leave.

This policy is used other policies, such as the “Annual leave policy” and “Termination of employment policy”.

Redundancy policy

This policy is used to implement a policy for the redundancy for employees. It regulates the management and operation redundancy or redeployment of employees.

This policy applies to all employees who are eligible for redundancy.

This policy may be used in conjunction with other policies, such as the “Termination of employment policy”.

Social media policy

It is suitable for use in any workplace.

The policy provides definitions of social media and a process for employees who may have a complaint. It also provides for sanctions if an employee is breaching the policy.

Termination of employment policy

This policy regulates the management and processes surrounding the termination of employment.

This policy is used in conjunction with the “Redundancy policy” and the “Absenteeism policy”.

Victimisation policy

This policy provides a framework for the employer to meet its legislative obligations in the workplace for victimisation. It also provides information to employees about to their rights and obligations to victimisation.

This policy applies to all activities and all people involved in those activities, that take place on work premises and elsewhere where activities are undertaken in the course of employment, or at work-related activities, such as social functions. The policy applies to employees, contractors, customers, and visitors.

This policy is used in conjunction with the “Harassment and bullying policy”, the “Anti-discrimination policy” and the “Grievance policy”.

Whistleblower policy

This policy provides a framework for whistleblowers to disclose information. It deals with issues on misconduct, malpractice, internal controls and conflicts of interest, to ensure compliance with the laws and regulations applicable to the employer and its employees, and to deal with concerns that are likely to arise in the work environment. This policy applies to all employees.

This policy is used in conjunction with the “Employee standard of conduct guidelines”, and the “Grievance policy”.

Workplace surveillance policy

This policy is used to regulate the management, operation and use of surveillance equipment such as a closed-circuit television system.

This policy applies to all persons present at the workplace including employees, contractors, customers and visitors.

Why these Policies are important

A policy is a statement which underpins how human resource management issues are dealt with at your business. It communicates your values and expectations of employee behaviours and performance.

Workplace Policies reinforce and clarify standard operating procedures. They help you manage staff more effectively by clearly defining acceptable and unacceptable behaviour in the workplace and set out the implications of not complying with those policies.

For help building these policies Start Building, read the hints and watch the training videos. You can also telephone us.

Adjunct Professor, Dr Brett Davies, CTA, AIAMA, BJuris, LLB, LLM, MBA, SJD
Legal Consolidated Barristers and Solicitors
Australia wide law firm
Mobile:     0477 796 959
National: 1800 141 612

Email: [email protected]
Skype: brettkennethdavies
Online: https://www.legalconsolidated.com.au/

07/06/2019

Workplace Policies Introduction

How important are Workplace Policies in Australia Never before have employees had so many opportunities to attack employers. Workplace Policies reinforce and clarify the standards expected of employees. They help employers manage and guide staff more effectively. Workplace Policies define what is acceptable and unacceptable in business. Workplace Policies benefit the […]