QHA-Review_July_digital

Tana Thorpe EMPLOYMENT RELATIONS
Fair Work Information Statement
Before, or as soon as practicable after an employee
starts employment, the Fair Work Act 2009 (‘Act’)
provides that they must be provided with a copy of
the Fair Work Information Statement. If casual, they
must also receive a copy of the Casual Employment
Information Statement. Employers are not required
to provide these statements more than once in 12
months, which is relevant if an employee ends and
re-commences employment within 12 months.
Effective from 6 December 2023, employers will also
be required to issue the new Fixed Term Contract
Information Statement to new employees on fixed and
maximum term contracts.
Position descriptions
Position descriptions are a great tool for assisting
candidates and helping new and existing employees
understand the expectations of the position. The QHA
has position descriptions available for purchase on its
website and as part of its HR Manual.
New starter training - policies
Policies and procedures are an essential tool to
assist employers managing compliance risk and
communicate expectations to employees. Employers
should ensure they have clear policies in place and
that these policies are communicated to new staff. The
QHA’s HR Manual includes multiple template policies
such as:
• code of conduct
• sexual harassment, bullying and discrimination
• workplace health and safety
• fitness for duty
The QHA’s template policies also include an
acknowledgement section for the employee to confirm
that they have read and understood the policy.
Health and safety
Employers have a duty of care to employees under
the Work Health and Safety Act 2011 to provide a
safe work environment and provide workers with
information, training, instruction and supervision
needed to reduce their risk of harm at work. For new
employees this may include:
• training in safety procedures and responsibilities
• training in reporting incidents, hazards, injuries or
near misses
• evacuation procedure, emergency exits and first aid
Minimum Employment Period (MEP)
MEP is the period in which an employee cannot
lodge an unfair dismissal application to the Fair Work
Commission if their employment ends.
The MEP is often referred to as ‘probation’, however
MEP is the legal term. The Act prescribes that for
employers with fewer than 15 employees, the MEP is 6
months, for employers with more than 15 employees,
the MEP is 12 months.
Employers are recommended to keep track of an
employee’s MEP, provide proactive feedback, and
keep notes of performance or conduct discussions.
Setting reminders half way through their MEP and
one month out from its end is a good method for
reviewing whether the employee is on-track to pass
their upcoming MEP. The QHA’s ER team can provide
advice to members who are considering dismissing
an employee within their MEP, as there are other
external claims an employee may make regarding the
dismissal.
Uniform
Under the HIGA, if an employee is required to wear
special clothing the employer must provide it to the
employee or reimburse them for the cost. Special
clothing is defined in clause 26.6(a) of the HIGA and
common examples include uniforms (e.g. shirts with a
company logo) and items worn for health and safety
reasons (e.g. protective aprons or footwear).
Upon commencement of employment, the employer
may require the employee to sign a receipt for any
special clothing supplied or paid for by the employer.
Upon ceasing employment, the employer can use this
receipt and deduct from wages owed to the employee
the value (as stated on the receipt but allowing for
fair wear and tear) of any item of special clothing not
returned to the employer, unless it was damaged, lost
or stolen.
Further assistance
This article provides an overview of some of the
considerations when hiring new staff. QHA members
seeking further assistance or wishing to discuss a
specific employment relations matter are encouraged
to contact the ER team for a confidential discussion by
calling 07 3221 6999 or emailing er@qha.org.au.
The QHA’s HR Manual
The QHA’s HR Manual has been created to meet the
needs of employers in the hospitality industry. The
Manual is available for purchase on the QHA’s website
and includes resources such as template employment
contracts, policies, position descriptions, and template
forms and letters, including a template induction
checklist. For queries about the HR Manual, please
contact us on 07 3221 6999 or email er@qha.org.au.
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