You answered No.

It is important to ensure that you have a well drafted recruitment process that is compliant with your legislative obligations.

Under the Privacy Act, applicants who send their personal information to businesses should be provided with a statement advising them about how their information will be treated, as well as how they can have their information deleted or destroyed. Did you know that candidates may seek access to data collected about them, including references? It is vital that referees are advised of this at the commencement of a reference check.

During the interview process, all applicants should be asked the same questions regardless of their sex, age, race, sexual preference or disabilities. This way, it is easier to compare responses and ensure that appointments are made on the basis of competency, skill and experience. It is also important to ensure that staff members are trained on what can and cannot be asked in an interview to ensure that they do not discriminate against candidates.

You should seek advice about how to improve your recruitment processes. This will minimise the risk of any issues arising in the future and will increase the effectiveness and efficiency of your recruitment. In particular, you should consider reviewing the following tools (to name a few):

• recruitment advertisements;
• interview guides;
• reference check templates; and
• e-recruitment tools (for example, CV mail or Seek).

You answered No.

It is vital to document the details of a position to provide clear direction to employees and a framework for competency-based selection during recruitment processes.  A solid position description also provides clarity and transparency to employees regarding the expectations of them within their role.

It is important to ensure that position descriptions are reviewed on an annual basis. This will allow you to keep position descriptions relevant and ensure that KPIs/measures accurately reflect the key areas of focus and results within a role.

You answered No.

From 1 January 2010, modern awards covered most workplaces. Modern awards were created to establish one set of minimum conditions for employers and employees across Australia who work in the same industries or occupations.

Employers must ensure that they classify their employees under the correct award and award classification and that they comply with the terms and conditions contained within the applicable award at all times. Whilst there are some occupations that remain award free (lawyers, accountants, high level executives), there are many occupations which you may be surprised to learn are covered by modern awards, for example, some scientists, architects, financial advisers, engineers and IT professionals. Most common occupations are also covered by modern awards, for example, cleaners, retail workers, receptionists and other administrative staff.

Even if your pay your employees more than the rate of pay listed in an award, they may still be entitled to other award entitlements (such as arrangements for when work is to be performed, overtime, penalty rates or leave loading).

The only way that employers can effectively "buy-out" conditions like overtime, penalty rates or leave loading  is if an award has a 'flexibility clause'. A flexibility clause allows employees and employers to agree to 'vary' the application of certain terms of an award (that would otherwise apply to an employee) in return for an annual salary or commission. This salary or commission must result in the employee being 'better off overall' than they would have been had they continued to be paid in accordance with the award. This arrangement must be documented in writing in the form of an "Individual Flexibility Agreement".

It is also important to note, that certain award conditions cannot be varied and will always remain applicable, for example some awards may contain specified redundancy terms, tool of trade allowances, consultation obligations and so on.

Unless an award contains an annualised salary clause or you enter into an Individual Flexibility Agreement with your employees, you cannot pay employees an annual salary and must pay them the rate of pay stipulated in the applicable award.

It is strongly advised that you seek advice on the award relevant coverage and classification of your employees and your obligations under the applicable award. Breaches of the terms and conditions of awards may incur fines of up to $33,000 per employee per breach.

You answered No.

It is critical to ensure your employees have up to date and legally compliant contracts in writing, reflecting the terms and conditions of their employment. This not only provides transparency to employees in terms of the benefits and conditions associated with working for you, it also provides your business with some protection when drafted accurately and compliantly.

It is important to ensure that that every contract contains a notice clause. In the absence of an express notice clause, the law will imply a contractual term entitling an employee to "reasonable notice" which will be determined by reference to a range of factors including length of service, importance of the job, the employee's age, qualifications and experience etc. Reasonable notice may be assessed to be much longer than that required by law and can be very costly for employers.

• Restraints – to restrict employees from working for competitors and soliciting your customers, suppliers and employees to another business. Although restraints are often difficult and costly to enforce in practice, they act as a useful deterrent.
• Conflict of interest – to stop employees from engaging in conduct which conflicts with your business interests, for example, receiving gifts from customers or working for another employer.
• Payment in lieu of notice – to allow you to make payment in lieu of giving an employee notice of their termination.
• Gardening leave – as an alternative to payment in lieu of notice which allows employees to remain employed and continue to be paid without having to attend or perform work.

In addition, you should also have standard documentation to provide to employees when they experience a change in the terms and conditions of their employment, for example,  salary increase, change in position, location change. This will assist you in demonstrating that the employee agreed to the change and confirm that the other terms and conditions of their employment remain unchanged. If you try to vary the terms of a contract without an employee's agreement, this may constitute repudiation of the contract and allow the employee to terminate the contract and sue for damages.

You answered No.

Under the National Employment Standards, you should have been providing your employees with at the least the following basic leave entitlements from 1 January 2010:

• Parental leave and related entitlements – up to 12 months unpaid leave for every employee, plus a right to request an additional 12 months unpaid leave, and 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 (unpaid for casuals) 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 who had certain LSL entitlements before 1/1/10 pending the development of a uniform national long service leave standard.
• Public holidays – a paid day off on a public holiday, except where reasonably requested to work.

You should also review applicable awards as they may provide for additional leave in certain circumstances.

We can provide you with advice and assist you in amending your employment contracts to provide for these basic entitlements.

It is also important to have a leave policy in place which provides for when and how leave should be approved and the conditions required to apply for different types of leave. We can assist you in developing a leave policy that takes into account the needs of your business and the rights of your employees.

You should review your leave policies often to ensure that they are compliant with legislative requirements and reflect the needs of your employees.

Whilst the needs and demands of your business are important, it is also essential to give your employees the flexibility they need to manage their work and personal lives. Under the Fair Work Act, you have obligations to provide flexible working arrangements.  We can assist you in developing leave policies that reflect the needs of your business and give your employees flexibility to care for their children/family.

As long as an employer can determine an employee's entitlement at any time they request leave, or their employment ends, it is generally sufficient to accrue it on any regular basis, unless an applicable award or agreement specifies a particular accrual method. Best practice suggests that an employer should record the accrual of leave not less than monthly (or more frequently if required by the applicable award or agreement).

You answered No.

If a worker is treated as a contractor when they should have been treated as an employee, you may be liable for all employee entitlement that would have accrued and been paid to that employee (including annual leave, long service leave, unpaid wages and superannuation contributions).

You should seek advice about the correct classification of your workers (contractors or employees) and how best to structure your relationships with any contractors and the best ways to minimise the risks associated with engaging contractors.

The Australian Government has recently been cracking down and imposing stiff penalties on 'sham contracting' arrangements (which occur when an individual is incorrectly engaged as a contractor to avoid the payment of superannuation, leave and other employment related costs). Breaches of the sham contracting provisions can result in a fine of up to $33,000 per breach. Furthermore, individuals who are personally involved in breaches can also be liable to penalties.

It is important to evaluate the way in which you engage contractors (for example as a sole trader or through a company or a trust) and ensure that you have solid contactor agreements in place. Contractors engaged through companies or trusts and that are truly independent of your business (i.e. control the work they do, provide their own equipment, bear the risk of making a profit on jobs, invoice the business etc) are more likely to be considered contractors within the meaning of the law.

Contractor agreements will usually be different depending on whether the contractor is engaged as a sole trader or through a trust or a company). We can provide you with advice on the engagement of contractors and prepare appropriate agreements for you.

You answered No.

There are a couple of key things that are important, yet often overlooked when engaging a new employee:

• The safest way to ensure that employees have the right to work is to check their work entitlements (for example, viewing a passport and visa with valid work details). As an employer, you have an obligation  to ensure that all staff that work for you, are legally entitled to do so.
• It you fail to check your employee's eligibility to work and it is revealed that they are not entitled to work, you may be liable.
• The provision of the Fair Work Information Statement forms part of the National Employment Standards and from 1 January 2010, was required to be given to each new employee before, or as soon as practicable after, the employee starts employment.
• New employees who are eligible to choose a super fund (almost all employees) should be provided with a Standard Choice Form within 28 days of commencing with you.

We can provide detailed advice about what to include in a new hire pack to ensure you meet all of your statutory obligations. In addition, there are other areas that we can talk to you about that are worth considering from an employee 'engagement' perspective, such as the inclusion of policies and procedures, important company documents and so on.

You answered No.

Having strong and well-communicated HR policies and procedures is critical to assist businesses in establishing and managing consistent behavioural standards. A good policy manual should also provide guidance around legislative requirements such as Equal Employment Opportunity (EEO) and managing bullying/harassment in the workplace.

It is also important to make sure that these policies are reviewed at least once per year to ensure they are kept current and relevant to any changes in the Australian HR and industrial landscape.

We have developed tried and tested HR policies for small, medium and large organisations across most industries and can work with you to develop key policies to set expected standards in your workplace.

You answered No.

This is a critical area of importance for all businesses - even those who work in an office (or from home)! Occupational Health and Safety isn't just about physical injuries, it also covers bullying, harassment and the outcomes of these on individuals in the workplace.

It is also important to be aware of your obligations as an employer when it comes to incidents, injuries and workers' compensation.

Under Workplace Health and Safety legislation, employers can be held vicariously liable for acts of bullying or harassment that occur in the workplace if they haven't taken 'reasonable' preventative steps. Accordingly, it is also important to ensure employees receive regular training and awareness on bullying and harassment.

We can provide you with relevant information and assist you in developing training sessions and updating policies.

You answered No.

The termination area has significantly changed over the last several years within Australia and it is important for employers to stay abreast of the changes and follow adequate termination procedures including performance management, serious misconduct, redundancies, process, payments and notice periods. This will assist employers in minimising their exposure to unfair dismissal or unlawful termination claims.

There are several types of terminations including (but not limited to) resignation, dismissal and redundancy.

When terminating an employee for poor performance or conduct, managers should follow clear legislative processes before terminating employees. It is critical that managers know what these processes are.

The redundancy provisions have also changed within the last few years and may vary depending on specific awards. It is highly recommended that you seek advice before actioning any redundancies unless you are confident with your approach.

You answered No.

Effective workforce planning allows you to anticipate change and plan more effective for future human resourcing requirements. In particular, it allows you to plan replacements and changes in workforce competencies to ensure that you have the right employees, with the right competencies at the right time.

Through effective planning, recruitment costs and staff turnover can be significantly reduced. We can help you plan for period of growth, downsize or just general change through effectively analysing your company strategy and putting a structure in place to meet company objectives.

You answered No.

Employee engagement surveys explore employees' engagement, commitment and satisfaction with their employer. They are an excellent way of analysing areas for improvement within a business through valuable employee feedback.

We can tailor employee engagement surveys to suit the needs of your business and find out exactly how engaged your employees are.

The most important part of conducting an engagement survey is what you actually do with the results. Once you have identified what issues/opportunities you have, it is worthwhile to seek advice on ideas/solutions on how to address these issues/opportunities.