FACT SHEETS AND CHECKLISTS
We are brought together a selection of fact sheets and Checklist that will help you to understand different areas of your business. Each fact sheet provides relevant and up to date information that will assist you and your business.
Checklists for Small Business
Our FREE checklists are designed to act as a guide for you when dealing with workplace matters. For more complex matters or for advice we highly recommend that you book time with our team of Experts. You can book a consult using the button below.
Record Keeping Checklist (Fair Work Act)
Specifically, the checklist addresses leave records, pay slips, hours of work, basic employment details, overtime, cashed out leave, superannuation contributions, individual flexibility agreements, guarantee of annual earnings, termination of employment, transfer of business, and flexibility requests.
Failure to comply with the Act and Regulations could result in fines being imposed by the prosecuting entity including the Fair Work Ombudsman, union or employee. Failure to keep superannuation records may also breach superannuation law.
In addition to the use of the checklist, it is recommended that employers also consider additional requirements as contained in contracts of employment, applicable awards or agreements, policies, and legislation such as superannuation, migration, taxation, workers’ compensation, and work health and safety legislation.
Payment of Salaries and Wages Checklist
The Payment of Salaries and Wages Checklist is a useful tool that aims to assist employers to address payment and record-requirements contained in the Act and the Regulations.
Specifically, the checklist addresses frequency of payment, deductions, employee records, pay records, superannuation contributions into defined contribution schemes, and employee pay slips.
Failure to comply with the Act and Regulations could result in the imposition of civil penalties by the Fair Work Ombudsman. Breaches in relation to superannuation may also breach superannuation law.
In addition to the use of the checklist, it is recommended that employers also:
- consider additional requirements as contained in superannuation legislation, contracts of employment, applicable awards or enterprise agreements, or policies;
- ensure employees are paid at least monthly; and
- ensure that any deduction an employee authorises is only made principally for the employee’s benefit.
There are a number of benefits for your business in using a checklist. Checklists are useful in ensuring that workplace processes are applied in a way that is both consistent and comprehensive. Checklists operate as a memory aid and reminder of the range of factors that should be taken into account when identifying the correct pay and conditions for an employee.
Adapting the checklist to each individual workplace is advisable.
Interview Guide Checklist
- To ensure the interviewer obtains information that is required to assess whether each applicant is suitable for the job
- To ensure that each applicant is treated in a non-discriminatory way by being asked the same series of basic questions.
As a safeguard to seek to prevent the interviewer asking questions that are unlawful or inappropriate.
In preparing the interview guide, Fresh HR Insights form will prompt you to list the questions to be asked of each employee, as well as the essential and desirable criteria for the position.Fresh HR Insights form will prompt you to enter the following information:
- Essential criteria
- Desirable criteria
- Assessment of criteria.
- Australian Human Rights Commission
- NSW Anti-Discrimination Board
- ACT Human Rights Commission
- QLD Anti-Discrimination Commission
- VIC Equal Opportunity & Human Rights Commission
- NT Anti-Discrimination Commission
- TAS Office of the Anti-Discrimination Commissioner
- WA Equal Opportunity Commission
- Fair Work Ombudsman
There are also a number of other legal risks when terminating an employee’s employment (eg. discrimination and unlawful termination and general protections claims). Therefore it is crucial to manage the termination process diligently.
This checklist provides tips on managing the termination process and highlights the key considerations for an employer when making a decision to terminate an employee.
When you are calculating termination entitlements, you should be aware that they are often quite complex, particularly for long-serving employees. It is therefore prudent that you check any calculations thoroughly. If you are unsure of the correct entitlements to offer or pay or the relevant taxation treatment for each component you should seek legal and relevant financial and taxation advice.
Where an employee requests that you provide a written reference, you should carefully consider this as legal action can arise if the reference you provide is not a true reflection of the employee’s employment and a future employer employs your former employee relying on that reference.
If you are unable to complete a matter outlined in the checklist, you should seek advice by calling our team on 0452 471 960.
In terms of termination payments, employers should check that they have not over-calculated the entitlements owed before presenting such information to resigning employees. In some circumstances, employers may be bound to pay the additional amounts detailed in any termination summary, despite the fact a miscalculation has occurred. Likewise, if an employer has under-calculated the entitlements owed, it may be in breach of a relevant industrial instrument or applicable legislation, which may lead to a financial penalty, damages and/or interest on the unpaid entitlements, being imposed.
Calculations are often quite complex, particularly for long-serving employees, so it is recommended that employers check such calculations thoroughly. If an employer is unsure of the correct entitlements to offer or pay, or what the relevant taxation treatment is for each component, they should seek relevant legal, financial and/or taxation advice.
It is also advisable to seek legal advice before agreeing to an employee’s request for a written reference. Legal action can arise if the reference an employer provides is not a true reflection of the employee’s employment with the company and a future employer employs the former employee relying on that reference. Likewise, any reference an employer provides should not be defamatory.
- an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone;
- that decision leads to the termination of the employee’s employment; and
- there are no reasonable redeployment opportunities (including within the employer’s associated entities).
- the job will no longer be required to be performed by anyone because of the changes in the operational requirements of the employer’s enterprise; and
- the employer has complied with any obligation to consult contained in an applicable modern award or enterprise agreement.
Ensuring that any redundancy is a genuine redundancy and exploring redeployment opportunities will assist employers in defending an unfair dismissal claim brought by an employee on the basis that the redundancy was not genuine and the termination of employment was harsh, unjust or unreasonable.
Accordingly, employers must consider, prior to terminating an employee due to redundancy, whether it would reasonable in all the circumstances for the person to be redeployed within:
- the employer’s enterprise; or
- the enterprise of an associated entity of the employer.
Employers should keep records of attempts made to re-deploy employees. Records of employer attempts to search for alternate jobs and the reasons why redundancy was necessary should also be retained (in the event a claim is made). Additionally records should be kept of the discussions with employees in connection with these matters. Employers should update the personnel file to note termination was due to redundancy.Legal advice
You should seek legal advice if you are unsure when terminating an employee whether the circumstances constitute a redundancy. If the termination of an employee’s employment is incorrectly classified as a redundancy and a redundancy payment is made, there may be taxation consequences for both the employer and employee. You should obtain taxation and legal advice about these issues if you are unclear as to the true nature of the termination.Additional obligations apply when you are terminating the employment of 15 or more employees. Before carrying out a redundancy employers should consult their enterprise agreements and awards to ensure they comply with any relevant requirements.Mandatory severance pay
National system employers should be aware that the Act introduces mandatory severance pay for employees made redundant in workplaces that are not a ‘small business employer’ as defined by the Act.
An obligation to provide severance pay under the Act applies from 1 January 2010. Importantly, continuous service (relevant to the calculation of severance pay) under the Act will only start to accrue from 1 January 2010 where an employee previously had no entitlement to severance pay as at 31 December 2009. Advice should be sought in relation to severance payments if you are unsure of your obligations under the Act.
Where 15 or more employees will be terminated due to redundancy, employers must notify Centrelink of the redundancies prior to any termination. If any of the employees are union members, employers must also notify the relevant unions prior to the termination of the employees. A form of that notification is available at this website.
Appropriate care needs to be taken in selecting employees for redundancy in order to avoid unlawful discrimination claims.
If you are unable to meet all the requirements in the checklist, you should seek legal advice.
Performance Management Checklist
An employer should seek legal advice before terminating an employee’s employment during the course of the performance management process.
Workplace Bullying Assessment Checklist
What steps should be taken to prevent workplace bullying?
Employers should take all reasonable steps to prevent bullying before it becomes a risk to the health and safety of its workers and others in the workplace. This is best achieved through a risk management process. This process should include:
- identification of bullying risk factors;
- assessment of the likelihood of bullying occurring from the risk factors identified and their potential impact on the workers or workplace;
- eliminating the risks, as far as reasonable practicable, or controlling, or minimising, them as far as reasonable practicable; and
- reviewing the effectiveness of the control methods put in place and the process generally.
What are some of the common risk factors which may lead to bullying?
Bullying can be the result of a number of different factors in a workplace, from a company’s culture to poor management skills. Some risk factors which make bullying more likely to occur are: Organizational change – i.e significant change in the workplace that may lead to job insecurity for example, restructure and redundancy, introduction of technology, change in management.
The company’s culture – the company’s values, views and beliefs can either expressly or implicitly encourage bullying behaviours, for example, when a company promotes aggressive behaviour as a means of ensuring its workers are performing their roles, or adopts a culture in which it is acceptable to ignore such behaviours.
Negative leadership styles – such as strict, autocratic management styles, which do not allow for flexibility or involvement by employees; or passive, ‘laissez-faire’ management styles which are characterized by a tendency to avoid decisions, inadequate supervision and little guidance to workers.
Inappropriate systems of work – this includes excessive workloads, unreasonable timeframes, uncertainty about roles and how they should be performed, and lack of employee support.
Poor work relationships – can be characterized by poor communication, negative relationships with supervisors or colleagues, excessive criticism by manager and the exclusion or isolation of workers.
Workforce characteristics – a company’s workforce may be made up groups of workers who may be at a higher risk of bullying because of certain characteristics: for example, young workers, new workers, apprentices, injured workers, workers in a minority group because of their race, disability, religion, gender or sexual preference.
This checklist has been developed to assist employers in their duty to identify, assess, eliminate and/ or control bullying in the workplace, taking into account the common risk factors.
Please note that the WHS Legislation requires that as a PCBU, an employer must, as far as reasonably practicable, consult with its employees or others carrying out work, before making decisions on health and safety matters, including bullying. If there are health and safety representatives then they must be involved in the consultation process. Consultation must be carried out when developing policies and procedures relating to bullying, including complaint procedure. Consultation involves sharing information with workers, allowing then to express views and taking those views into account.
There is further guidance on the prevention of bullying in the workplace in Safe Work Australia Code of Practice – Preventing and Responding to Workplace Bullying [with effect from 1 January 2012 in some States and shortly thereafter in the remaining States and Territories]. This code is generally applicable to all types of work and all workplaces covered by the Legislation, including workplaces that are mobile, temporary and remote. I can be used by managers, supervisors, workers (including volunteers and contractors), health and safety representatives and other persons at the workplace to assist with managing the risks associated with bullying in the workplace.
This checklist will help you address the ergonomic/workstation issues in your workplace and reduce the risk of injuries. Complete this checklist for all individual workstations and consult with employees during this process.
First Aid Checklist
This checklist will enable you to identify the first aid needs for your business. Complete the questions and measure the responses against the requirements in your State or Territory. This information is available from the website of your local regulator e.g WorkCover.
Fatigue Management Checklist
Contractor Pre-Qualification Checklist
Manual Handling / Manual Tasks Checklist
This checklist is designed to assist in conducting a risk assessment on manual handling tasks.
This checklist will help you address the manual handling issues in your workplace and reduce the risk of injuries due to manual handling. Complete this checklist for all manual handling tasks and consult with employees during this process.
Personal Protective Equipment (PPE) Checklist
Examples of Personal Protective Equipment (PPE) include safety goggles; safe footwear; face shields and ear plugs/ear muffs.
The PPE checklist will assist in identifying protective equipment and clothing required to perform the job safety.
WHS Documents Checklist
- who is the responsible officer of the business (re the conduct of the audit) — being an employee of the business;
- dates the audit was conducted;
- approach/method in outline;
- which employees were involved in providing information;
- notes on the information gathered from employees;
- notes from existing accident records suggesting the existence of on-going hazards; and
- notes from ‘near-miss records’ suggesting the existence of on-going hazards.
Risk/hazard management plan
This should be a central document composed for each and every workplace. The plan should note the risks and hazards identified at the workplace then grade those risks and hazards. This should be followed by an outline of what should be done to eliminate those risks and hazards or to reduce them to a safe level. The document should be continuously updated and revised and there must be employees who are responsible for consistently addressing the issues noted and who are responsible for the implementation of the measures outlined in the plan.
- relevant information on basic procedures in case of emergencies (eg fire, including the identification of fire wardens);
- location of first-aid assistance and introduction to first-aid officers;
- outline of WHS policies in brief and information on how to access the details;
- any rules about required safety clothing, equipment and procedures;
- information about any WHS committees and representatives operating at the workplace; and
- any applicable smoking and alcohol and any other drug policies at the workplace.
- committees and representatives;
- responsibilities of managers, supervisors, and employees;
- rehabilitation and return to work;
- critical health issues like smoking, HIV (and AIDS), alcohol and other drugs;
- emergency evacuation; and
- safe operation procedures for all equipment.
- employees who may be occupationally exposed to a hazard at work;
- employers who need to know the proper methods for storage etc; and
- emergency responders such as fire-fighters, hazardous material crews, emergency medical technicians, and emergency room personnel.
An employer needs to consider the particular aspects of the business and reflect these in the training provided to staff. Training should be planned around the audit of risks and hazards at a business. Once these risks and hazards are understood the requirements of training at that workplace can be met.
Insurers would normally impose requirements as to what is acceptable in terms of reports and claims from insured employers. Attention should be paid to these requirements. The insurer is interested in the necessary detail to progress the claim.They wish to know of any background or history that could be important in the assessment of a claim. Any evidence/facts that could influence the assessment of any claim must be conveyed to the insurer. Employers should be completely aware of their obligations under their policies.
Working from Home Checklist
The checklist includes a compliance check with the general layout of an employees work space, the supervision requirements for the employee; safety compliance in particular chemical safety, electrical services, ergonomics and first aid/injury management. If you identify hazards in the workplace of an employee who is working from home, you should take steps to ensure that these hazards and the risks associated are minimised.
Workers Compensation Checklist
- A checklist of basic information to be reported to your workers compensation insurer — some insurers may require different or additional information, however it is useful to have all the information in this checklist on hand at the time that the employer notifies its insurer of the injury.
- A checklist for creating an injury reporting plan — this is a basic list of considerations for an employer preparing an injury reporting plan, being the plan that should be available to employees so that they know what procedure to follow in the event there has been an injury at the workplace. Each OHS authority and some insurers may have particular requirements for an injury reporting plan — this checklist is a starting point for preparation.
- A checklist for conducting an internal investigation. If your State’s statutory authority (eg WorkCover in NSW, WorkSafe SA in South Australia, etc) attends the worksite, the inspector will ask what steps were taken after the incident. The employer’s duty of care and the imperative to prevent possible recurrences makes it essential to conduct a prompt internal investigation. This checklist is a basic guide to the steps that should form part of an internal investigation.
- A checklist for notifying your State’s OHS Statutory Authority. Each State and Territory may have different reporting requirements and timeframes, so the employer should be familiar with its OHS reporting authority and its requirements in relation to notification. This checklist is a basic guide to notifying the employer’s OHS authority, and the powers of workplace inspectors to enter and search the workplace. Union officials may also have a right to enter the workplace to investigate an OHS issue, however, the official must comply with the Fair Work Act right of entry requirements.
- a checklist for documents which may be requested. This checklist addresses which documents may be requested by workplace inspectors, and what records an employer should keep in relation to the injury and the inspection.