staff training & interview techniques unit 2. employer responsibilities building industry has...

Staff Training & Interview Techniques

Unit 2

Employer Responsibilities

• Building industry has many statutory requirements.

• The building industry makes a large use of Sub contractors.

• Industry consists of sole traders, partnerships and companies.

• The larger your organisation becomes, the more likely you will become an employer.

General Responsibilities

Responsibilities of an employer can be divided into three areas.

1.Statutory requirements2.Staff welfare policy3.Moral obligations

Statutory Requirements

1. Long service leave2. Anti discrimination laws3. Income tax4. Award payments5. Workers’ compensation6. Superannuation


7. Payments for- Inclement weather- Sick leave- Holiday loading- Severance/termination- Displacement


8. Site allowances9. Maternity leave

Caution- Proper records must be kept.

Wages and Conditions

• These are always subject to change.• Depends on the Government of the day e.g.

work choices.• You should ensure that your employment

structure is up to date.

Wages

• Workers are paid a base award rate.• Rates are based on skills.• Conditions and allowances are added on top

of this base rate.• Depending on employer will determine if you

are a federal award or state award.

Allowances

Designed to compensate above the award wage.Some allowances are1.Tool allowance2.Travel allowance3.Site allowance

Conditions

• Hours of work-38 hours a week standard.• Paid public holidays.• Over time.• Annual leave loading.• Sick leave.• Inclement leave.• Bereavement leave.

Workers Compensation (Work Cover)

• Type of insurance.• Compulsory.• Unless self insurer all employees must be

covered.• Premium is a percentage of wages* paid.• Provides wage replacement and rehabilitation

INCIDENTS WHAT, WHO & WHEN TO NOTIFY Whether you are an employer and/or occupier you are INCIDENTS involving injury or illness to WORKERS required by law to notify incidents to WorkCover NSW

Phone WorkCover IMMEDIATELY on 13 10 50 as an urgent SERIOUS INCIDENTS and/or your workers compensation insurer. investigation may be needed. involving a fatality or a serious injury or illness.

PLUS An occupier (of premises/workplace) is someone who Refer to clause 344 of the OHS Regulation 2001.

Notify your workers compensation insurer within 48 hours. manages or has responsibility for a workplace or a

OTHER INCIDENTS particular operation at a workplace, even though they

involving an injury or illness to a worker, where Notify your workers compensation insurer within 48 hours. may not be the employer. workers compensation is payable or may be payable, There is no need to notify WorkCover as the insurer advises eg. time lost, medical expenses.

Depending on the type of incident you may need to notify WorkCover of these incidents. Refer to sections 42 & 44 of the Workplace Injury

WorkCover and/or your workers compensation insurer. Management & Workers Compensation Act 1998.

Who do I need to notify immediately?INCIDENTS involving injury or illness to NON-WORKERS at your workplace You will need to notify serious incidents to WorkCover

(ie. those not covered by your workers compensation, eg. a visitor, customer, volunteer, student, contractor) immediately.

SERIOUS INCIDENTS Phone WorkCover IMMEDIATELY on 13 10 50 as an urgent What is a serious incident? involving a fatality or a serious injury or illness to a investigation may be needed.

non-worker. PLUS • An incident where there has been a fatality.

Notify WorkCover within 7 days with full notification details using Refer to clause 344 of the OHS Regulation 2001. • An incident where there has been a serious injury or the online form at www.workcover.nsw.gov.au or phone 13 10 50.

illness, such as when a person: OTHER INCIDENTS • has a limb amputated involving a non-worker where the injury or illness

Notify WorkCover within 7 days using the online form at results in the person being unable to perform their • is placed on a life support system www.workcover.nsw.gov.au or phone 13 10 50. normal activities for 7 or more days.

• loses consciousness Refer to clause 341 of the OHS Regulation 2001.

• is trapped in machinery or a confined space

• has serious burns. INCIDENTS that present a risk to health and safety at your workplace (ie. incidents where there is no injury or illness to workers or non-workers) • An incident where there is an immediate threat to life

such as major damage to machinery or buildings, or SERIOUS INCIDENTS Phone WorkCover IMMEDIATELY on 13 10 50 as an urgent the collapse of an excavation. that are immediately life threatening but result in no investigation may be needed.

injury or illness, eg. the collapse of an excavation with PLUS These are some examples of a serious incident that are no injury. Notify WorkCover within 7 days with full notification details using

listed under clause 344 of the OHS Regulation 2001. Refer to clause 344 of the OHS Regulation 2001. the online form at www.workcover.nsw.gov.au or phone 13 10 50.

Up to 36 hours after the serious incident has been OTHER INCIDENTS reported, the immediate area around the incident must are certain incidents that are not immediately life

Notify WorkCover within 7 days using the online form at not be disturbed, except to assist any injured persons and threatening but result in no injury or illness, www.workcover.nsw.gov.au or phone 13 10 50.

to avoid further injuries and problems. eg. exposure to specific substances.

Refer to clause 341 of the OHS Regulation 2001.

Industrial Relations

• Workers Compensation• Must have a policy that covers all employees• If no policy exists then employer is personally

liable• If you employ someone under A.B.N are they

an employee for Workers Compensation Purposes?

• Work cover has rules to determine this.


What is deemed as wages ?


Who are deemed Employees?

Long Service Leave

• Certain employees and Sub contractors are covered by the Long Service Leave Scheme.

• This is a portable Long Service Leave system that is not depended on continual employment with one employer.

• Employers must register a new employee within 7 days.

• Employers must every year lodge a certificate of service.

Long Service Leave

• Sub contractors can also benefit and entitlement is based on assessable income.

• Workers receive an entitlement based on the number of days they work in a financial year.

• Scheme is funded by a levy on all building work regardless if there are any entitled workers on the site.

• Levy goes to fund to pay workers Long Service Leave.

Long Service Leave

• Owner builders get a 50% reduction on the levy.

• Levy is paid to council – state bank doesn’t exist anymore.

• Levy Rate is 0.35% of the value of the works

Long Service Leave Other Workers

• Covered by Long Service Act 1955• Two months leave after 10 years of continuos

service• After qualifying One months leave for every 5

years of continuos service

Long Service Leave Other Workers

• resigns as a result of illness, incapacity, domestic or other pressing necessity

• is dismissed for any reason except serious and wilful misconduct

• dies

After 5 years service employees are entitled to Long Service Leave if

Superannuation

• Superannuation guarantee obligations

•pay super for your eligible employees

•making at least the minimum 9% contribution amount of the earnings base

•paying super contributions for any eligible contractors .

Superannuation

• Eligible Employees

•are aged between 18 and 70

•are paid $450 (before tax) or more in a calendar month, and

•work full-time, part-time or on a casual basis.

SuperannuationIs a Subcontractor an Employee for Superannuation

Purposes ?

•You may need to make super payments for contractors

•contract that is wholly or principally for labour

•This is even if the worker quotes an Australian business number (ABN).

Superannuation

•physical labour

•mental effort

•artistic effort

Contract is deemed principally for labour if more than half of the dollar value of the contract is for the person’s labour. Labour may include -

Superannuation

•Base Award Pay

•Over-award payments

•Commissions

•Allowances

•Paid leave

Earnings Base as of 1st July 2008 is defined as -

Staff Welfare Policy

• Salary Packages• Incentive Scheme for staff• Profit Sharing• Shares in the business ownership• Employees taking part in management

decision• Fair dealings with Unions• Employment of Apprentices

Staff Welfare Policy

• Leave without Pay• Study Leave• Use of Company Vehicles• Above award pay

Moral Obligations

• Extended Sick Leave• Special Leaves without pay• Maintaining safety on the job• Proper training of Apprentices• Providing career paths within the company

Anti-discrimination

• Also known as Equal Employment Opportunity (EEO).

• Prevents discrimination on base of - sex- race- marital status- sexual preference- physical impairment- intellectual impairment

Equal Employment Opportunity

• If you are going to employ somebody the act requires you to- give equal consideration regardless of life patterns and career expectations- consider all aspects of the person’s capabilities including life experiences

• Read Page 16-17

Staff Training

• Training Guarantee Scheme no longer exists

• Training has OH&S Implications why?

Apprenticeships

• Apprenticeship is a contract by the employer to teach a trade

• Most trades are 4 year apprenticeship

• Apprenticeship Act 1981 – Federal Government Apprenticeship Schemes

Group Apprentices

• Where you cannot guarantee 4 years of continual work

• You Hire an Apprentice, you are not direct employee

• When there is insufficient work they return to group trainer for placement

Apprenticeships

• Two types

- Indentured

- Trainee

Trainee Apprentice

• No Contract of Training

• Less Secure,

• Due to lack of security pay is higher

• Apprentice can be stood down with required notice given

Indentured Apprentice

• Written Contract of Training

• More Secure

• Due to security pay is less

• Apprentice cannot be stood down

staff training & interview techniques unit 2. employer responsibilities building industry has...

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