Policies & Contracts

This employment contract is for a business with employees not covered by a Modern Award.

Most employees are covered by an award or registered agreement, but a few jobs and industries are not. When an employee is not covered by an award or agreement they are considered to be award and agreement free. Employers of award and agreement free employees should still have an employment contract in place.

This employment contract is for a business with employees covered by a Modern Award or Enterprise Agreement.

Employment Policies are a vital part of any Human Resources framework.

If you are just starting out, need a few policies to fill in the gaps, or would like a complete review and overhaul of your current policies, then this is the package for you.

The Complete Policy Suite is a package of 6 Policies that work together to protect your company and employees from some of the common issues that arise in business.

The Complete Policy Suite suits businesses of all sizes, and is adapted to your individual business.

The Policy Suite contains:

• Bullying, Harassment & Discrimination Policy

• Work Health & Safety Policy

• Social Media Policy

• Information Technology & Confidentiality Policy

• Underperformance & Misconduct Policy

• Grievance Resolution Policy

A description of each of the above policies is available on this page.

A grievance is a problem, concern or complaint that may arise when a staff member feels aggrieved about a matter associated with their employment conditions, a decision that has been made, the actions of a colleague or when a working relationship changes.

Workplace grievances can start out as small grievances, but if not managed or resolved at an early stage, can result in a negative impact on the staff or company involved.

Grievances can be raised on a range of matters including:

• Employment conditions;

• Breaches of policy;

• Conflict;

• Working relationships; or

• Interaction with colleagues.

The Grievance Resolution Policy outlines the procedures to follow when dealing with grievances, including best practice approaches to resolving conflict, and the recommended escalation methods that can be used to resolve the grievance.

This Policy works in conjunction with your other Policies, and may not apply in situations where there is another more appropriate policy in force, including in relation to complaints made under:

• Bullying, Harassment & Discrimination Policy

• Work Health & Safety Policy; and

• Underperformance & Misconduct Policy

To maintain a high-performing workforce, it is important to understand that when underperformance or misconduct issues are not managed and addressed in an appropriate and timely manner, it can lead to negative or unproductive outcomes for staff and the company.

The BAL Underperformance and Misconduct Policy covers topics relevant to the following Federal laws, depending on your location:

• Fair Work Act 2009 (Ch 3-1; Ch 3-2; Ch 3-6)

• Fair Work Regulations 2009 (r 1.07; Ch 3-1; Ch 3-6)

• Privacy Act 1988 (Part 2; Schedule 1)

• Work Health and Safety Act 2011

Underperformance or misconduct in the workplace is when an employee is not doing their job properly, or is behaving in a way that is unacceptable. These behaviours can be exhibited in a variety of ways including:

• failing to perform the duties of the position or to perform them to the required standard;

• failing to address client needs or requests where appropriate;

• failing to comply with policies, values or procedures;

• exhibiting unacceptable behaviour in relation to the workplace;

• being the subject of complaints by clients, co-workers or management; or

• engaging in disruptive or negative behaviour that interrupts or intrudes on the work of co-workers.

The Policy also covers:

• Performance Discussions;

• Identifying Underperformance;

• Misconduct and Serious Misconduct;

• Disciplinary Sanctions;

• Process for Handling Suspected Misconduct Exceptions;

• Record Keeping; and

• Privacy Requirements.

Having an Information Technology and Confidentiality Policy in place means Employers and Employees are on the same page about their rights and responsibilities for using company IT facilities, and dealing with confidential information.

The IT Policy covers how the Company may operate and monitor IT Facilities; and what constitutes appropriate use by staff. It also covers the security of IT Facilities and Confidential Information and monitoring of IT Facilities if applicable.

Unlike some policies, the core obligations of the IT & Confidentiality Policy are contained in the Relevant Legislation, and not decided by the company.

The BAL IT & Confidentiality Policy covers topics relevant to the following Federal laws:

• Copyright Act 1968

• Copyright Amendment (Digital Agenda) Act 2000

• Crimes Act 1914

• Commonwealth and Territory legislation listed in the Bullying, Harassment & Discrimination Policy

• Privacy Act 1988

• Crimes Act 1900

• Workplace Privacy Act 2011

• Listening Devices Act 1992

The Policy also covers:

• Application and Enforceability;

• Appropriate Use;

• Personal Use;

• Prohibited and Required Conduct;

• Security;

• Confidential Information;

• Password Security;

• Reporting Requirements;

• Monitoring IT Facilities;

• Listening Devices; and

• Disciplinary Sanctions and Misconduct.

Social media are defined as interactive platforms where content is created, distributed and shared by individuals on the internet. Social media include (but are not limited to) websites, networking sites such as LinkedIn, instant messaging and communication sites such as Skype and AIM, video sharing sites including YouTube, Vimeo and Clipfish; document and content sharing sites such as Google Docs and Dropbox, blog platforms and blog communities, forums, location based services such as Foursquare, question and answer sites, livestream feeds, and social networks such as Facebook.

The BAL Social Media Policy applies to all employees of the Company and covers the sites and services mentioned below:

• social networking sites (eg Facebook);

• professional networking services (eg LinkedIn);

• video and photo sharing websites (eg YouTube);

• micro-blogging (eg Twitter);

• forums and discussion boards (eg Google Groups);

• online collaborations (eg Wikipedia);

• podcasting;

• blogs including corporate blogs and personal blogs; and

• blogs hosted by traditional media outlets.

The Policy also covers:

• Staff Responsibilities;

• Employer Responsibilities;

• Public Comment;

• Privacy;

• Disclosure;

• Conflicts of Interest; and

• Security Risks.

Every workplace would like to believe they are providing a safe environment for their employees to work in, and following WHS regulations. Unfortunately, that is not always a reality.

When courts are deciding whether workplace health and safety laws have been met, they may consider whether you have followed the approved codes of practice and safety regulations for your state or territory. These situations can have a lasting impact on employees and on the business.

The Work Health and Safety Policy covers topics relevant to the following Federal laws, depending on your location:

• Work Health and Safety Act 2011 (ACT)

• Work Health and Safety Regulation 2011 (ACT)

• Work Health and Safety Act 2011 (NSW)

• Work Health and Safety Regulation 2017 (NSW)

• Work Health and Safety (National Uniform Legislation) Act 2011 (NT)

• Work Health and Safety (National Uniform Legislation) Regulations (NT)

• Work Health and Safety Act 2011 (Qld)

• Work Health and Safety Regulation 2011 (Qld)

• Work Health and Safety Act 2012 (SA)

• Work Health and Safety Regulation 2012 (SA)

• Work Health and Safety Act 2012 (Tas)

• Work Health and Safety Regulation 2012 (Tas)

• Occupational Health and Safety Act 2004 (Vic)

• Occupational Health and Safety Regulations 2017 (Vic)

• Occupational Safety and Health Act 1984 (WA)

• Occupational Safety and Health Regulations 1996 (WA)

Other Federal and state/territory laws may also apply to your workplace.

The Policy also covers:

• Staff Rights and Responsibilities;

• Employer Responsibilities;

• Reporting Procedures;

• Legislative Obligations;

• Work Health and Safety Procedures;

• Identification and Reporting Requirements;

• Rectification;

• Record Keeping;

• Workers Compensation;

• Identification and Rectification of WHS Concerns; and

• Disciplinary Sanctions and Misconduct.

Being an HR manager, there will often be times you have to deal with employees not getting along. It is important to have a Bullying, Harassment and Discrimination Policy in place, so that when these issues arise they can be dealt with swiftly and without comeback.

You may be dealing with employees complaining about being bullied, requests to be moved to different office locations, claims of unfair workloads and staff taking long breaks. Bullying, Harassment & Discrimination can also include conduct that is physical, verbal, written or delivered by way of electronic devices or social media platforms.

These situations can get out of hand very quickly if not dealt with swiftly.

The BAL Bullying, Harassment & Discrimination Policy covers topics relevant to the following Federal laws:

• Age Discrimination Act 2004 (Cth)

• Australian Human Rights Commission Act 1986 (Cth)

• Disability Discrimination Act 1992 (Cth)

• Racial Discrimination Act 1975 (Cth)

• Sex Discrimination Act 1984 (Cth)

• Other Federal and state/territory laws may also apply to your workplace.

The Policy also covers:

• Staff Responsibilities;

• Employer Responsibilities;

• Reporting Procedures;

• Legislative Obligations;

• Complaints Procedures; and

• Disciplinary Sanctions.

From 1 July 2019, all companies, and trading and financial corporations, are required to comply with the whistleblower laws contained in the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019. Having a sound policy in place is a good starting point for entities to ensure they comply with these laws. Indeed, from 1 January 2020, all public companies and large proprietary companies (as defined) must have a compliant written whistleblowing policy publicly in place (it's an offence not to). This policy is designed to comply with those requirements in a practical way that will work for your organisation.

Employers play an important role in respecting and promoting human rights and eradicating modern slavery. This policy outlines what the responsibilities are to run a safe and responsible business in accordance with human rights. We recognise that modern slavery is a growing and complex problem, best tackled by collective commitment and responsibility to bring it to an end.

The Social Media, IT & Confidentiality Policy is paired with a training package consisting of a one-hour training session and a 30-minute Q & A. Our combined policy and training packages are designed to assist with implementation of the policies into your workplace.

Training packages can be facilitated at our offices in the heart of Canberra City. Alternatively, we can arrange to come to you.

The bullying, harassment and discrimination policy is paired with a training package consisting of a one-hour training session and a 30-minute Q & A. Our combined policy and training packages are designed to assist with implementation of the policies into your workplace.