Assignment of Recuritment

ASSESSMENT 1

1. Zak Callaghan, the department manager of Men’s Fashion, has emailed you with a query regarding maximum working hours.  Gayle Potter, his assistant manager, will be taking unpaid leave for the next 6 months and he would like to offer his supervisor, Henry Harris, the opportunity of acting in her role.  Zak would like to appoint Henry on a 40 hour per week contract but he is not sure if this is possible.

Draft your response to Zak and provide him with the following information in the Fair Work Act 2009 and the Award, which deals with the maximum weekly hours that an employee is required to work.

Include the following in your summary:

• The appropriate part of the legislation and regulation that deals with the topic
• The maximum weekly hours that can be worked in a week
• What may be deemed as reasonable or unreasonable additional hours
• Whether Henry can refuse to work these additional hours

Dear Zak,

Fair work act 2009 comes under federal register of legislation whose complication date is 17 November 2016. The maximum weekly hours a person can work is

• The ordinary hours of work of award/agreement free employees are the hours agreed by the employee and his or her national system employer as the employee’s ordinary hours of work.
• if there is no agreement about ordinary hours of work for an award/agreement free employee, the ordinary hours of the work of an employee in an week are:

• for a full time employee-38 hours, or,
• for an employee who is not a full time employee – the lesser of

38 hours; and

Employee can refuse the additional hours of work if they are reasonable or unreasonable. The following must be taken into account:

• Risk related to employee health and safety.
• Personal circumstances related to employee such as responsibilities related to family.
• needs of workplace
• Any other relevant matter.

yes, Henry can refuse to work this additional hours.

REFERNCE:

https://www.legislation.gov.au/Details/C2016C01108

http://www.austlii.edu.au/au/legis/cth/num_act/fwa2009114/s62.html

1. Provide a summary, in your own words, to reflect your understanding of the ‘safety net of employee entitlements’, as set out in the Fair Work Information Statement.  Your summary must:

                 Include a brief description on the 10 National Employment Standards.  

                   Explain why it is important for all employers to provide a copy of this statement to newly recruited employees.

10 national employment standards are:

• Maximum weekly hours of work – 38 hours per week, plus reasonable additional hours.

• Requests for flexible working arrangements – an entitlement allowing parents or carers of a child under school age, or of a child under 18 with a disability, to request a change in working arrangements to assist with the care of the child.
•  Parental leave and related entitlements – up to 12 months unpaid leave per employee, plus a right to request an additional 12 months unpaid leave, plus other forms of maternity, paternity and adoption related leave.
• Annual leave: 4 weeks paid leave per year, plus an additional week for certain shift workers.
• Personal/carer’s leave and compassionate leave: 10 days paid personal/carer’s leave, two days unpaid carer’s leave as required, and two days compassionate leave as required.
• Community service leave: unpaid leave for voluntary emergency activities and leave for jury service, with an entitlement to be paid for up to 10 days for jury service.
• Long service leave: a transitional entitlement for employees as outlined in an applicable pre-modernised award, pending the development of a uniform national long service leave standard.
• Public holidays: a paid day off on a public holiday, expect reasonably requested to work.
• Notice of termination and redundancy work: up to five week notice of termination and up to 16 weeks’ severance pay on redundancy, both based on length of service.
• Provision of a fair work information statement: must be provided by employers to all new employees, and contains information about the NES, modern awards, agreement making, the right of freedom of association, termination of employment, individual flexibility arrangements, union rights of entry, transfer of business, and the respective roles of fair work Australia.

it is necessary to provide fair work information statement to all the employers so that new employees know about the information of NES and all the other roles about fair work Australia such as modern awards, agreement making etc.

1. Provide a summary of your understanding, in your own words, of the provisions in the Equal Opportunity Act 1984 that apply to unlawful discrimination in the workplace, specifically related Citistores’ recruitment and selection of applicants and employees. Include the appropriate/ relevant sections of the Act in your response.

In equal opportunity act 1984 according to this in section 35AC discrimination against applicants and employees. It states that:

1. An employer cannot discriminate the employee on the basis of grounds or general history as:

• On the basis that to whom the job is going to be offered.
• To whom the employment should be offered.
• On basis of terms and conditions on which the job is going to be offered.

1. An employer cannot discriminate an employee on the basis of gender reassigned person:

• On employment terms and conditions that employer can afford the employee
• By deny the access of the employee for opportunities such as promotion, transfer or any other employment benefits.
• By ignoring or firing the employee.
• By causing harm to employee.

1. So no employer can discriminate the employee on the basis of general history or gender reassigned person as it is unlawful and It has connection to perform various domestic duties in which employer resides.

http://www.austlii.edu.au/au/legis/wa/consol_act/eoa1984250/

1. Summarise your understanding of the following, in your own words:

• The provisions of the Occupational Health and Safety Act 1984 that relate to employer duties for training employees.  Include the appropriate/relevant sections of the Act in your response.

• The name and the intent of the applicable Code of Practice established under the OHS Act that applies to working hour’s arrangements and training.

Explain the impact that the requirements set out in the above legislation have on Citistores’ recruitment, selection and induction processes.

Occupational health and safety act 1984 in section states that:

1. An employer should maintain such environment in which employer are not exposed to hazards so an employer shall:

• Maintain workplace, equipment’s, plant and all things so that employees are not exposed to hazards,
• Induction, information and instructions should be provided by employer in supervision and performance of employees in order they are not exposed to hazards.
• The employer should consult with employees in order to health and safety at workplace.
• Proper personal protective clothing and equipment should be used in order to avoid hazards at workplace
• The employer should make sure that the arrangements for cleaning, maintence and transportation of plants should be there and how to handle them should be taughtto employees.

1. In determining the training should be  provided in accordance with subsection (1) (b) regard shall be had to the functions performed by employees and the capacities in which they are employed and there will be no hazards at workplace

A code of practice is defined in the OSH Act as a document prepared for the purpose of providing:

• Practical advice on preventive strategies; and