Fair Work Implementation Checklist - RCSA

Fair Work Implementation ChecklistRecruitment and On-HireThe Fair Work Act introduces considerable change for employers within the recruitment, on-hire and contracting sectors.This checklist provides an outline of some of the more important questions firms should be answering to achieve compliance withthe new law.This is not an exhaustive checklist and is offered as a guide only. You should obtain professional advice and assistance to ensurecompliance with all aspects of the new Fair Work Act and associated legislation and regulations.For further information Corporate Members of RCSA may contact bsc@rcsa.com.auChecklist completed by:Name of Member firmStates and Territories:States and Territories of OperationChecklist completed on:Date of CompletionOrganisation representative:Name of Firm RepresentativeEmail and Phone Contact:Email and Phone of Firm RepresentativeRequests for Further information will be forwarded to the RCSA Business Solutions Contact and will result in contact from a BSC Provider.Fair Work Implementation Checklist – Recruitment and On-Hire 1

Fair Work Implementation ChecklistRecruitment and On-HireFrom 1 July, 2009Unfair Dismissal, Unlawful Termination and General EmploymentProtection YES NO12345678910Do you know whether your firm is covered by the Fair Work legislationi.e. a National System Employer?Do you know how to determine whether you are a ‘small business employer’ for the purposes ofunfair dismissal access by ex-employees?Do you have a copy of the Fair Dismissal Code & related checklist, and understand how theyapply to you as an employer?Do you know which classes of employees are exempt from the ability to make an unfair dismissalclaim under Fair Work?Do you know how to calculate remuneration for the purpose of determining who is a ‘high incomeemployee’ in relation to unfair dismissal exemption?Do you understand how to manage the termination of on-hire assignments to prevent unfairdismissal?Do you have internal management processes to guide management on the fair dismissal ofemployees and how to avoid unlawful termination and general employment protection (adverseaction) claims?Do you understand your obligation to consider re-deployment prior to making personsredundant?Do you have contracts of employment, position descriptions, policies and procedures which areconsistent with the fair dismissal and performance/conduct management of employees?Do you understand the difference between unfair dismissal and unlawful termination?111213Do you understand the provisions under Fair Work upon which it may be unlawful to terminate anemployee?Do you know that the exemptions applicable to unfair dismissal do not apply to unlawfultermination?Do you understand the extensive grounds upon which a prospective employee, existingemployee or ex-employee and/or independent contractor can make a general employmentprotection claim and that it may include variations in employment conditions?For further information Corporate Members of RCSA may contact bsc@rcsa.com.auFair Work Implementation Checklist – Recruitment and On-Hire 2

141516Transfer of Business YES NODo you understand the broad range of circumstances in which industrial instruments such asawards and enterprise agreements may follow an employee from one employer to another?Do you understand how transfer of business laws may apply to transitioning, outsourcing andtemp’ to perm’ arrangements?Are you aware of your right to seek an exemption from Fair Work Australia to be exempt from aparticular transfer of business circumstance?Payroll Management171819Do you understand the new payroll deduction laws and how to comply with the new provisions?Do you know what is required to be contained on a payslip under Fair Work?Do you understand the record keeping requirements under Fair Work?202122Do you understand the leave accrual provisions under the National Employment Standard andhow they will differ to the Australian Fair Pay and Conditions Standard?Agreement MakingDo you understand the agreement making options available to employers and employees underthe Fair Work Act?Do you know how to respond to an employee (or bargaining representative on behalf ofemployee) request or demand to make an enterprise agreement?23Do you understand the process required of an employer when making an enterprise agreement?242526Do you understand what the Good Faith Bargaining requirements demand of an employernegotiating an enterprise agreement?Do you understand the circumstances in which employees and their bargaining representativescan commence industrial action in support of an enterprise agreement?Do you understand which terms and conditions must be included in an enterprise agreement andwhich provisions cannot be included?For further information Corporate Members of RCSA may contact bsc@rcsa.com.auFair Work Implementation Checklist – Recruitment and On-Hire 3

2728293031Right of Entry YES NODo you know when a union may access right of entry in to your workplace and how to managethe process?Do you understand the obligations of a client in relation to right of entry where your employeesare working at a client workplace?Do you understand a unions’ right to inspect and make copies of employee records, includingthose of non-members?Do you understand a unions right of entry in relation to OHS and how it interrelates with OHSlegislation?Do you know where to access information for your firm and your employees to advise them onrights and obligations in relation to Right of Entry?From 1 January, 2010Modern Awards3233Do you know what will happen to current federal awards and NAPSA’s from 1 January, 2010?Do you know the different types of Modern Awards?34Do you know which Modern Award may apply to your employees from 1 January, 2010 andwhether it has been made yet?35Do you know how to determine how a Modern Award will cover on-hired employees?36Have you assessed how an applicable Modern Award varies in comparison to current federalawards and NAPSA’s?37Do you have provision for changing employment conditions within client service agreements?38Do you know how Modern Awards will inter-relate with existing workplace and enterpriseagreements?39Do you know where you will find minimum rates of pay under the Modern Award System?40Do you understand your capacity to enter in to an Individual Flexibility Arrangement under aModern Award and the rules and processes related to such IFA’s?41Do you know how to determine whether an employee is exempt from Modern Award coverage?For further information Corporate Members of RCSA may contact bsc@rcsa.com.auFair Work Implementation Checklist – Recruitment and On-Hire 4

4243National Employment Standard YES NODo you know when the National Employment Standard commences and its impact uponcontracts of employment, policies, procedures, agreements and awards?Do you know which provisions of the NES are new entitlements and how they will affectemployee entitlements?4445Do you have processes and procedures for handling requests for flexible working arrangements?Do you know that all employees will be entitled to redundancy pay under the NES?46Do you know that all new employees will be required to be provided with a Fair Work InformationStatement from 1 January?47GeneralDo you have access to a professional advisor that understands how on-hire and recruitment firmsoperate and the implications for clients?4849Do you need assistance with reviewing your contracts of employment?Do you need assistance with reviewing policies and procedures in preparation for Fair Work?50Would you like somebody from the RCSA Business Solutions Contact to contact you to discusshow we may help with Fair Work implementation?For further information Corporate Members of RCSA may contact bsc@rcsa.com.auFair Work Implementation Checklist – Recruitment and On-Hire 5